How Can Temporary Residents Get A Maintained Status?
Maintained status permits temporary residents to keep their legal status in Canada while their application for extending their temporary stay is being processed by the IRCC.
Under Canadian immigration law, all temporary residents have an automatically imposed requirement that they must leave Canada after their work permit expires.
However, there is section 181 of the Immigration and Refugee Protection Regulations (IRPR) which affirms that temporary residents can submit an application to extend their authorized period of stay as long as they do so before it ends. Those who make use of section 181 can stay in Canada until the IRCC decides on their application. The applicants will maintain their legal status as temporary residents while waiting.
Follow The Guidelines Provided By IRCC:
The most important step is to be aware of when temporary status will expire. If the applicant lets their temporary status expire, they will not qualify for maintained status and will not be able to work until they can renew their status.
To stay on top of the status, the applicant needs to file their extension application before the expiration of their existing status. IRCC strongly advises submitting the application with more than enough time to spare to avoid difficulties.
Do Your Research:
It is also important to know how an extension can affect the conditions of staying in Canada. If the applicant applies to renew an existing permit before the expiration of their current permit, they can continue to work or study in Canada under their existing requirements while waiting for IRCC’s decision regarding your extension.
If they want to apply for a different kind of permit, for instance, from a work permit to a study permit, they will have to stop working on the day their current work permit expires.
Know The Conditions:
If the applicant is waiting for the IRCC’s decision and in the process they leave Canada, this may impact their temporary residence status. Maintained status is only applicable as long as the individual remains in Canada.
If the applicant is on maintained status and leaves Canada, they may be permitted to re-enter Canada as a temporary resident if they have a Temporary Resident Visa (TRV) or are exempted from the requirement to have a TRV.
But, this does not mean the applicant can continue to work or study in Canada until a decision is made on the application. Additionally, when the applicant tries to come back to Canada, they may be required to provide the Canada Border Services Agency (CBSA) officer with proof that they have enough financial support to support themselves while waiting for a decision on their extension application. In short, it will be in the best interest of the candidate to not leave Canada at all while they wait for the IRCC’s decision on their extension application.
If the application to prolong the work permit is approved by IRCC, the candidate will be given a new date for authorized stay in Canada and may continue living and working under the conditions of their new or extended permit.
If the application is refused, the candidate is considered in status until the day IRCC made the decision on their application. If the candidate’s application for an extension is rejected, they will lose their status in Canada and will no longer be able to work or study.
The candidate has 90 days from this point to apply to IRCC to renew their status. While the candidate waits for the decision, they are not allowed to work or study, but they are permitted to remain in Canada.
Demonstrating maintained status can be as simple as showing that the candidate applied for an extension for their permit. It is sufficient to demonstrate that IRCC received payment for your extension application. You may require this proof for your employer or school. It can also help you re-enter Canada in case you must leave the country.
The most important step in getting maintained status is to know when your temporary work permit will expire and apply for your extension or new permit earlier. IRCC’s processing time tool says it may take up to six months to process a temporary work permit extension from inside Canada.
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