If your Canadian work permit, study permit or visitor status is about to expire, two immigration terms can become extremely important:
Maintained status
and
Restoration of status
They may sound similar because both can involve a temporary resident whose original status or permit has expired.
But they are not the same thing.
The biggest difference is usually timing:
Maintained status generally applies when you submit an eligible application BEFORE your current status expires.
Restoration applies after you have already LOST your temporary resident status.
For foreign workers, that distinction can determine whether you can continue working—or must stop working while waiting for Immigration, Refugees and Citizenship Canada (IRCC) to make a decision.
What Is Maintained Status?
Maintained status allows an eligible temporary resident to legally remain in Canada after their original status expires while IRCC processes an application submitted before that status expired.
For example:
Your work permit expires on December 31.
You submit a qualifying work permit extension application on December 15.
December 31 arrives, but IRCC has not made a decision.
You may have maintained status.
If you meet the applicable requirements, you can legally remain in Canada while IRCC processes the application.
For workers, you may also be authorized to continue working under the conditions of your original work permit.
What Is Restoration of Status?
Restoration applies when a temporary resident has already lost their status.
For example:
Your work permit expires on December 31.
You forget to submit an extension.
On January 10, you realize that your permit has expired.
You no longer have maintained status because you did not submit the qualifying application before expiry.
You may instead need to apply to:
restore your temporary resident status + obtain a new work permit.
Under the normal rules, an eligible temporary resident generally has 90 days after losing status to apply for restoration.
However, restoration is not automatic.
IRCC must approve the application.
The Simplest Way to Understand the Difference
| Maintained Status | Restoration of Status | |
|---|---|---|
| When did you apply? | Before status expired | After status expired |
| Have you already lost status? | Generally No | Yes |
| Can you remain in Canada while IRCC processes the application? | Yes, if requirements are met | Generally Yes after applying for restoration |
| Can a worker continue working? | Potentially yes, under applicable conditions | Normally no |
| Normal restoration deadline | Not applicable | Within 90 days of losing status |
| Is approval guaranteed? | No | No |
| Main objective | Maintain existing temporary status while application is processed | Ask IRCC to restore status that has already been lost |
For workers, the practical difference can be substantial:
Maintained status may preserve work authorization.
Restoration normally does not.
Example: Two Workers With the Same Expiry Date
Consider two foreign workers.
Both have work permits expiring on October 31.
Worker A: Applies October 20
Worker A submits an eligible work permit extension application on October 20.
October 31 passes.
IRCC has not yet made a decision.
Worker A may have maintained status and, if the applicable requirements are met, may continue working under the conditions of the original work permit while waiting.
Worker B: Applies November 10
Worker B forgets about the expiry date.
The work permit expires October 31.
Worker B submits an application on November 10.
Worker B may still be within the normal 90-day restoration period.
But Worker B has already lost status.
Therefore, Worker B generally must:
stop working + apply for restoration + wait for the new work permit before working again.
Only 21 days separate their application dates.
But their ability to work can be completely different.
Can You Work on Maintained Status?
For many workers, yes.
If you applied to extend or change your work permit before it expired, IRCC states that you may be authorized to continue working while the application is processed.
However, conditions apply.
If you held an employer-specific work permit, you generally must continue working under the same conditions as the original permit, including the same:
- employer;
- job; and
- work location.
If you held an open work permit, you generally have greater flexibility to change employers or jobs, subject to any restrictions on the permit.
Maintained status does not automatically give you broader work authorization than you had before.
Can You Work While Waiting for Restoration?
For most workers:
No.
If you have lost your status, IRCC instructs you to stop working.
You may apply to restore your status and obtain a new work permit if you qualify.
After submitting the restoration application, you may generally remain in Canada while IRCC makes a decision.
But IRCC states that you are normally not allowed to work until your status has been restored and the new work permit has been issued.
This is one of the most important differences between maintained status and restoration.
The 90-Day Restoration Period Is NOT a Grace Period
This is a common misunderstanding.
Some workers believe:
“My permit expired, but I have 90 days, so I can keep working.”
That is incorrect.
The normal 90-day period is an opportunity to apply for restoration.
It is not:
- a 90-day work permit extension;
- maintained status;
- a grace period for unauthorized employment; or
- automatic permission to remain working.
If your work authorization has expired, you generally must stop working.
Maintained Status Depends on What You Applied For
Submitting something to IRCC before your work permit expires does not necessarily mean you can keep working.
For example, suppose your work permit expires on November 30.
Before expiry, you apply to change your status from worker to visitor.
You may maintain your temporary resident status while IRCC processes the visitor application.
But when your work permit expires:
you must stop working.
Why?
Because you applied to remain as a visitor, not to extend your authorization as a worker.
Similarly, a worker who applies to become a student does not automatically retain work authorization after the original work permit expires.
Therefore:
Maintained temporary resident status does not always mean maintained work authorization.
Maintained Status Usually Requires You to Stay in Canada
Workers relying on maintained work authorization should also be cautious about international travel.
IRCC states that continued work authorization under maintained status generally requires the worker to stay in Canada.
If a worker leaves Canada while the work permit extension is pending, they may lose the ability to continue working when they return if the new permit has not yet been approved.
They may be permitted to re-enter as a visitor, but that does not necessarily allow them to resume employment.
There are specific situations with different rules, so travel should be assessed carefully before departure.
Can You Travel While Restoration Is Pending?
Restoration creates an even more complicated travel situation.
A restoration application is an in-Canada process, and a pending restoration application does not itself guarantee that you can leave Canada and return.
It is also not a travel document.
If you leave Canada, your ability to return depends on the applicable entry requirements, including matters such as your passport, TRV or eTA and admissibility.
Anyone considering travel while restoration is pending should therefore assess the consequences before leaving Canada.
Who May Be Eligible for Restoration?
Under the normal restoration rules, you may be able to restore your status as a visitor, student or worker if you apply within 90 days of losing status and meet the applicable requirements.
IRCC requires applicants seeking restoration to explain the facts and circumstances that resulted in the loss of status.
You must also continue to meet the requirements applicable to your stay and comply with the remaining conditions.
For workers seeking a new work permit, you must also qualify for that work permit.
For example, an employer-specific permit may require:
- an LMIA, where applicable; or
- the appropriate LMIA-exempt employer process.
Restoration does not replace the eligibility requirements for the new permit.
What If More Than 90 Days Have Passed?
Under the normal rules, if more than 90 days have passed since you lost temporary resident status and you did not apply for restoration within the permitted period, restoration is generally no longer available.
You would normally need to leave Canada and, if appropriate, apply again from outside Canada.
However, temporary public policies can sometimes create exceptions.
For example, special measures currently available to certain temporary residents directly affected by qualifying natural disasters in Canada can provide up to six months to apply for restoration.
That is a specific temporary measure.
It does not change the normal 90-day rule for everyone.
What Happens If You Keep Working After Your Permit Expires?
This is potentially serious.
If you did not have maintained work authorization and continued working after your permit expired, that employment may be unauthorized.
Submitting a restoration application afterward does not retroactively turn unauthorized work into authorized work.
Applicants should also be accurate about their immigration and employment history.
Trying to hide unauthorized employment or providing incorrect information to IRCC can create additional immigration problems.
Does an LMIA Give You Maintained Status?
No.
An LMIA and immigration status are different things.
Suppose:
- your employer has a positive LMIA;
- your work permit expires; and
- you fail to submit the required work permit application before expiry.
The positive LMIA does not automatically preserve your status or authorization to work.
Likewise:
Positive LMIA + restoration application pending ≠ permission to work.
The LMIA may support the new work permit application, but it does not replace the work permit itself.
Does Submitting an Express Entry Profile Maintain Your Status?
No.
Creating an Express Entry profile does not extend your temporary resident status.
Receiving an Invitation to Apply for permanent residence also does not automatically maintain your temporary status.
Temporary residence and permanent residence are separate immigration processes.
A foreign worker approaching the expiry of a work permit must therefore separately determine how to maintain legal temporary status and, where applicable, work authorization.
What About a Pending Permanent Residence Application?
A pending PR application does not automatically give someone maintained status either.
Some permanent residence applicants may qualify for a separate work permit, such as a Bridging Open Work Permit or another category.
But eligibility for that work permit must be established separately.
Do not assume:
PR application pending = automatic right to stay and work.
What Happens When IRCC Refuses a Maintained-Status Application?
Suppose you properly submit a qualifying work permit extension before expiry.
Your original permit later expires.
You continue working legally under maintained status.
Then IRCC refuses the extension.
Your maintained status and associated work authorization generally end when IRCC makes the refusal decision.
At that point:
you must stop working.
Depending on your circumstances and the timing, you may potentially become eligible to apply for restoration.
This is different from someone who missed the original extension deadline altogether.
Can You Restore Status as a Visitor Instead of a Worker?
Potentially, yes.
Someone who no longer needs or no longer qualifies for a work permit may seek restoration as a visitor if they meet the applicable requirements.
But restoring status as a visitor does not give permission to work.
This may allow someone to remain legally in Canada after restoration is approved, but they would need separate authorization before working again.
Restoration Is Not Guaranteed
Even if you apply within 90 days, IRCC does not have to approve the restoration application.
IRCC will assess whether you meet the restoration requirements and, where applicable, the requirements for the new work or study permit.
If restoration is refused, you may need to leave Canada.
This is why restoration should generally be viewed as a remedy after status has been lost—not as an alternative strategy to applying on time.
Do Family Members Automatically Get Maintained or Restored Status?
No.
Each family member’s immigration status must be considered separately.
For restoration, IRCC states that each family member who has lost status must apply separately to have that status restored.
Do not assume that because the principal worker submitted an application, a spouse or child automatically has their own status restored.
Family members should check their own:
- permit or visitor status;
- expiry date;
- application;
- maintained-status eligibility; and
- restoration requirements.
What Should You Do Before Your Status Expires?
The safest approach is to deal with your immigration status before the expiry date.
1. Check the exact expiry date
Do not rely on memory.
Check the date printed on your work permit, study permit or visitor record.
2. Determine what status you need next
Will you remain as:
- a worker;
- a student; or
- a visitor?
3. Check whether you qualify for the new permit
Do not wait until the final days to determine whether an LMIA, employer compliance submission, provincial document or other requirement is needed.
4. Submit the correct application before expiry
This can be the difference between maintaining legal authorization and needing restoration.
5. Keep proof of submission
Workers on maintained status may need to show their employer evidence that the extension application was submitted before the permit expired.
Maintained Status vs. Restoration: A Practical Example
Suppose your CRS score is improving and you expect to receive an Express Entry invitation soon.
Your work permit expires in two weeks.
You might think:
“I’ll wait for my PR invitation before doing anything about my work permit.”
That can be risky.
If the work permit expires before you submit an eligible application to maintain your temporary status, you may lose status and work authorization.
Even if you later submit a restoration application, you may be unable to work while IRCC processes it.
Your permanent residence strategy therefore should not replace your temporary-status strategy.
You need to manage both timelines.
Five Common Misconceptions
“Maintained status and restoration are basically the same thing.”
No.
Maintained status generally means you acted before your status expired.
Restoration means status has already been lost.
“I have 90 days after expiry, so nothing changes.”
Incorrect.
Your authorization may already have ended. The 90 days normally provide an opportunity to apply for restoration.
“Submitting restoration lets me start working again.”
Normally, no.
You generally must wait until status is restored and the new work permit is issued.
“Any application submitted before expiry lets me keep working.”
No.
The type of application matters. Applying to remain as a visitor, for example, does not normally allow you to continue working after your work permit expires.
“If my employer has an LMIA, my status is protected.”
No.
An LMIA does not maintain or restore your immigration status.
Quick Comparison
MAINTAINED STATUS
Applied before expiry
↓
Original permit expires
↓
Eligible temporary status continues while IRCC processes the application
↓
Worker may continue working if the applicable requirements are met
↓
Must follow the conditions of the previous work authorization
RESTORATION
Permit/status expires
↓
Temporary resident loses status
↓
Worker must stop working
↓
Eligible person applies for restoration, normally within 90 days
↓
May remain in Canada while IRCC processes the restoration application
↓
Normally cannot work
↓
Can resume work after restoration and the new work permit are approved
Bottom Line
The difference between maintained status and restoration of status often comes down to one critical question:
Did you submit the appropriate application before your status expired—or after?
If you apply before expiry, you may have maintained status.
For an eligible worker, this can mean:
legal stay + continued work authorization while IRCC processes the application.
If you apply after your status has already expired, you may need restoration.
That normally means:
status already lost + stop working + apply for restoration + wait for approval before working again.
For workers, the difference can mean weeks or months of lost employment.
The simplest rule to remember is:
Before expiry → maintained status may protect you.
After expiry → restoration may be available, but normally does not protect your ability to work while waiting.
Do not treat the normal 90-day restoration period as a grace period.
And do not wait for an LMIA, Express Entry invitation or permanent residence application if doing so will cause your current temporary status to expire without an appropriate application being filed.
Managing the expiry date correctly can be just as important as qualifying for the next immigration program.
