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What is Maintained Status in Canada?

Maintained status, previously known as implied status, allows you to legally stay in Canada after your temporary status has expired, provided you’ve applied for an extension before the expiration date. This status is essential for maintaining your legal stay while awaiting decisions on your work permit extension or any new application, like a Post-Graduation Work Permit (PGWP).

Can I Apply for PGWP While on Maintained Status?

Yes, you can apply for a PGWP while on maintained status. This status allows you to remain in Canada legally while waiting for your PGWP application to be processed. However, it’s important to understand that applying for a PGWP doesn’t grant immediate work authorization. You must wait for the approval before starting to work under your new permit.

Understanding Maintained Status of SIN

Your Social Insurance Number (SIN) is crucial for work authorization in Canada. While on maintained status, even if your SIN expires, you can continue working under the same conditions as your original work permit. This ensures you remain legally employed while awaiting your new permit. However, you should renew your SIN as soon as your new work permit is approved to avoid complications.

Maintained Status in Canadian Law

Under Canadian law, maintained status protects your right to stay in the country legally while your application is being processed. This status is particularly important when renewing your work permit or applying for a new one. It ensures that you do not fall out of legal status, which could lead to more serious immigration issues.

What Happens if You Don’t Renew Your SIN?

If your temporary SIN expires (especially if it begins with a 9), and you don’t renew it, you may face work restrictions. However, as long as you are on maintained status, your ability to work is not immediately affected. It’s essential to renew your SIN promptly once your new work permit is granted.

Can You Work with an Expired SIN?

Yes, you can work with an expired SIN if you are on maintained status. Your right to work continues under the conditions of your original work permit, despite the SIN’s expiration. However, this is only valid while your work permit extension application is under review. Once the new permit is approved, you should update your SIN accordingly.

Real life Scenario: Applying for a Work Permit Extension

Imagine you are working in Canada on a valid work permit, but it’s about to expire. To maintain your legal status and continue working, you decide to apply for a work permit extension. You submit this application before your current work permit expires, which is important because it grants you what’s called “maintained status.”

With maintained status, you can legally stay in Canada and continue working under the same conditions as your original work permit until the government makes a decision on your extension application.

A Second Application: PNP-Based Work Permit

Later, you receive a nomination from a Provincial Nominee Program (PNP), making you eligible to apply for a new work permit based on your nomination. You submit this second work permit application while your first extension application is still being processed. Now, you have two applications in progress:

1. First Application: Your initial work permit extension, submitted to maintain your status.
2. Second Application: A new work permit application based on your PNP nomination.

What Happens if Your First Work Permit Extension is Refused?

Now, here’s where things get a bit tricky. What happens if the government refuses your first work permit extension? Let’s break it down:

• Loss of Work Authorization: If your first work permit extension is refused, your authorization to work in Canada is immediately revoked. This is because your ability to work was tied to the maintained status granted by the first application. Once that application is refused, the maintained status—and therefore your work authorization—ends.
• Maintained Status (Legal Status) Continues: Despite the refusal of your first application, your legal status in Canada remains intact because you have a second work permit application in progress. Since you submitted this second application while still on maintained status from the first application, you are legally allowed to stay in Canada while waiting for a decision on your PNP-based work permit. You do not need to apply for restoration of status.

Why is Your Work Authorization Revoked?

It might seem confusing that your work authorization is revoked even though you have another application in progress. Here’s why this happens:

• Maintained Status Depends on the First Application: The work authorization under maintained status is specifically linked to your first work permit extension application. If that application is refused, the maintained status that allowed you to continue working is no longer valid.
• New Application, New Conditions: Although your second application (based on the PNP nomination) is still being processed, you are not authorized to work until it is approved. This is because the work authorization under the first application does not automatically transfer to the second application.

Key Takeaways

1. Legal Status vs. Work Authorization: Your legal status in Canada (the right to stay) is maintained as long as you have a new application in progress, even if your first work permit extension is refused. However, your authorization to work (the right to work) is revoked if the first application is refused.
2. No Need for Restoration of Status: Since you submitted your second work permit application while still on maintained status from the first application, you do not need to apply for restoration of status. You are legally allowed to stay in Canada until a decision is made on your new work permit.
3. Stop Working if the First Application is Refused: If your first work permit extension is refused, you must stop working immediately, even though you are still legally allowed to stay in Canada. You can only resume work once your new PNP-based work permit is approved.

Tips for Managing Your Work Permit and SIN

1. Always Apply Early: Submit your work permit extension application well before your current permit expires. This will ensure that you have maintained status while your application is being processed.

2. Track Your Application Status: Regularly check the status of your application online. If there’s a delay or you’re unsure about the progress, contact IRCC for updates. Knowing where your application stands can help you plan your next steps.

3. Consult a Professional: If you’re uncertain about your situation or if your application is refused, it’s wise to consult an immigration lawyer or consultant. They can provide guidance and help you avoid mistakes that could affect your status.

4. Keep Copies of All Documents: Always keep copies of all your application forms, supporting documents, and correspondence with IRCC. This can be crucial if you need to reference them later or if there are any issues with your application.

5. Understand the Risks: Working without authorization after a refusal can have serious consequences, including being barred from applying for future permits. Make sure you understand the risks before taking any action.

Conclusion

Navigating Canadian immigration rules can be complex, especially when dealing with work permit extensions and multiple applications. Understanding the difference between maintained status and work authorization is essential to avoid complications. If you find yourself in a situation where your first work permit extension is refused, remember that while you may still legally stay in Canada, your authorization to work will be revoked until a new permit is approved. Always consult with an immigration professional if you’re unsure about your situation.

Frequently Asked Questions (FAQs)

1. What is the difference between maintained status and work authorization?

• Maintained status allows you to stay in Canada legally while your application for a new permit is being processed, but it does not automatically grant you the right to work. Work authorization is specifically linked to your work permit. If your work permit application is refused, your right to work is revoked even if your legal status is maintained.

2. Can I continue working if my first work permit extension is refused but my second application is still in progress?

• No, if your first work permit extension is refused, you must stop working immediately. You can only resume work once your new work permit is approved.

3. Do I need to apply for restoration of status if my work permit extension is refused?

• No, as long as you have another work permit application in progress (submitted while you had maintained status), you do not need to apply for restoration of status. You can remain in Canada legally while your new application is processed.

4. How long can I stay in Canada on maintained status?

• You can stay in Canada on maintained status until a decision is made on your pending application. However, your ability to work or study (if applicable) depends on the specific conditions of your maintained status.

Disclaimer: The information provided in this article is for educational purposes only and is not intended to constitute legal advice. While every effort has been made to ensure the accuracy of the content, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained herein. Readers are encouraged to conduct their own research and consult with a qualified legal professional like Helping Hands Immigration Consultancy before making any decisions based on the information provided. We accept no liability for any actions taken or not taken based on the content of this article.