Understanding Maintained Status
In Canadian immigration law, ‘maintained status’ (previously known as ‘implied status’) is a crucial concept for those applying to extend their work, study, or visitor status. This status comes into effect when an individual’s current permit expires while their extension application is pending. During this period, the individual is legally permitted to remain in Canada under the same conditions as their original permit.
Key Aspects of Maintained Status
Continuation of Original Conditions: The specific conditions of your work or study permit continue to apply under maintained status.
Timely Application: It’s essential to apply for an extension before your current permit expires. Late applications do not qualify for maintained status.
Work and Study Rights: Rights under the original permit continue. However, visitor visa holders cannot start working or studying.
Approved Application: If the extension is approved, the individual receives a new permit, possibly with different conditions.
Denied Application and Restoration Period: In the event of a denial, the individual enters a 90-day restoration period. During this time, they have the status of a visitor and must either leave Canada or apply to restore their status.
The ‘No Hope’ Work Permit Application Strategy
At Dr. Joe’s Immigration, we have developed a unique strategy we have coined the “No Hope” work permit application. This involves applying for a new work permit when the current one is nearing expiry, knowing there is “no hope” of the application being approved. The processing time for these applications can be 4-5 months, during which the applicant remains on maintained status and can continue working under the same conditions as the previous work permit.
Key Points of the ‘No Hope’ Strategy
Purpose: It’s used as a strategic measure to extend your work period in Canada while awaiting other immigration pathways like the Provincial Nominee Program (PNP) or Express Entry or getting a new permit through an RO.
Limitations: It’s vital to not leave Canada during this period, as doing so may result in losing maintained status. The strategy is meant to be a temporary solution for extending work duration.
What Happens After You Are Denied
90-Day Restoration Period: Upon denial of the “No Hope” work permit application, you enter a 90-day restoration period. During this time, you are considered a visitor and must either prepare to leave Canada or apply to restore your status.
Next Steps: This period can be used to explore other legal avenues or complete the necessary steps for other immigration programs.
Conclusion
Maintained status, including the “No Hope” work permit application, is a nuanced aspect of Canadian immigration law. It helps individuals extend their stay under specific circumstances. If you’re considering this process or need guidance on using maintained status effectively, Dr. Joe’s Immigration offers expert immigration consultations. We help you understand your options and navigate your immigration journey.
