IRCC Revamps Maintained Status Rules for Immigration

Summary of the Changes to Canada’s Immigration Rules on Maintained Status

In a significant policy shift, Canada’s immigration department has revamped the rules governing maintained status for temporary residents who submit multiple applications. As of May 28, 2025, new guidelines dictate that if a temporary resident files a second application for extension while under maintained status, and their first application is denied, the second application will be rejected, and the individual will lose their authorized stay in Canada.

Key Changes Explained

Previously, if a temporary resident submitted a second application while their first application was still under review (even if the first was ultimately denied), their stay in Canada would automatically be extended. This extension, however, did not grant the applicant the right to work or study. Under the new system, if a second application is submitted after the original permit has expired, the individual will not only lose their maintained status but will also face a refusal of their second application, putting them out of status.

Here’s a breakdown of the new rules:

• Before May 28, 2025:

  • If the second application was submitted before the original permit expired, the individual remained authorized to stay and work while the application was processed.
  • If submitted after expiration, the stay was extended without work or study authorization.
• After May 28, 2025:
  • If the second application is submitted before the original permit expires, maintained status is upheld during processing.
  • If submitted after expiration, the applicant loses maintained status, the second application is denied, and they may need to apply for restoration of status if eligible.

The recent update also removed provisions allowing individuals to apply for work or study permits at the port of entry, aligning with the ongoing restrictions on flagpoling.

Insightful Analysis

This policy change raises important questions about the implications for temporary residents in Canada. The stricter rules could lead to increased anxiety and uncertainty among foreign nationals, especially those navigating the complexities of immigration applications. By tightening the reins on maintained status, the IRCC appears to be taking a firmer stance on ensuring that applicants adhere strictly to the rules surrounding their temporary residency.

From a broader perspective, this shift could reflect the Canadian government’s ongoing efforts to streamline and enforce immigration processes, potentially reducing the backlog of pending applications. However, it also risks alienating those who may find themselves unwittingly out of status due to the timing of their applications.

Moreover, the removal of the option to apply for permits at the border diminishes flexibility for applicants and could create barriers for those seeking to adjust their status while in Canada.

Conclusion

The changes to Canada’s immigration rules concerning maintained status signal a pivotal moment for temporary residents. While the intention may be to create a more efficient and regulated immigration system, it is essential to consider the human impact of these policies. As Canada continues to be a destination for global talent, balancing enforcement with compassion will be crucial for fostering a welcoming environment for newcomers. Stakeholders and applicants alike must stay informed and adaptable to navigate these evolving rules effectively.