Canada’s IRCC Shakes Up Status Rules—Avoid Losing Your Visa!

Canada's Immigration, Refugees and Citizenship Canada (IRCC) has introduced significant changes to the rules surrounding maintained status, previously known as implied status. This update has major implications for temporary residents who submit multiple immigration applications. As of May 28, 2025, new instructions for immigration officers alter how subsequent applications are processed—especially when the first application is refused. Understanding these changes is essential for anyone looking to extend their stay in Canada legally and avoid becoming out of status.

Significance of IRCC's Maintained Status Changes

A Shift in Legal Stay for Multiple Applications

Before the update, temporary residents could submit a second application after the first was refused and still maintain their authorized stay in Canada. That is no longer the case. Under the new rules, if the first application is refused, the second application does not automatically extend the person's stay—even if it was submitted before the permit's expiry.

This change signals a tougher stance by IRCC to ensure that only valid applications uphold legal status. It prevents individuals from relying on back-to-back applications to remain in Canada without proper authorization.

Read more about the previous rules on implied status in Canada.

Maintained Status Now Tied Closely to First Application Outcome

IRCC's policy change clarifies that only if the first application is approved does the subsequent application matter. This prevents misuse of the application process and ensures IRCC can make more efficient decisions without processing multiple redundant applications.

This updated interpretation is particularly important for workers and students who previously relied on the gray area surrounding implied status.

For context on how Canada's Express Entry system is adapting under new policies, check out this article on recent Express Entry draws.

Implications for Flagpoling and Port of Entry Applications

The new instructions also remove guidance on applying for a work or study permit at the port of entry. This aligns with the recent ban on flagpoling, which came into effect in May 2024. Flagpoling allowed temporary residents to exit and re-enter Canada at land borders to quickly process permits. Now that this option is restricted, individuals must carefully manage their applications from within Canada.

Read the full update on the flagpoling ban here.

Increased Risk of Falling Out of Status

One of the most critical consequences of the new rule is that a refused first application now means a subsequent application does not protect your stay. This places applicants at higher risk of becoming out of status and needing to apply for restoration.

This significantly raises the stakes for those who rely on automatic extensions and underscores the importance of well-prepared and timely applications.

Why This Matters Now

As immigration policies tighten and more restrictions come into play, it's more important than ever for temporary residents to understand their legal rights and obligations. These updates reflect IRCC's aim to streamline processing and reduce the administrative burden of multiple overlapping applications.

What You Should Do Now

Step 1: Monitor Application Status Closely: If you are currently on maintained status, track the outcome of your application closely. Do not assume a second application will protect you from losing status.

Step 2: Submit High-Quality Applications: Given that a refused first application jeopardizes your status, it's crucial to make sure every application you submit is complete, accurate, and supported by the required documentation.

Step 3: Avoid Submitting Multiple Applications: With the new changes in place, submitting a second application while the first is pending—or after refusal—offers no benefit and could lead to status complications.

Step 4: Know Your Restoration Options: If you lose your status due to a refused application, you may still be eligible to apply for restoration. However, restoration is not guaranteed and comes with strict eligibility requirements and time limits.

Step 5: Consult with Immigration Experts: Due to the complexity of these rule changes, it's wise to seek professional help. Book a consultation with A2Zimmi to get personalized advice and avoid mistakes that could cost you your legal status.

IRCC's update to maintained status rules marks a pivotal change for temporary residents in Canada. No longer can applicants rely on subsequent applications to protect their stay if the first application is refused. With the removal of port-of-entry options like flagpoling and a stricter interpretation of status retention, it is now more critical than ever to understand and comply with IRCC’s updated rules.

Stay informed and protected—explore more immigration news here or book a consultation now to get expert guidance tailored to your situation.

Visit A2Zimmi or schedule a consultation here to get expert advice today!