Introduction
For many temporary residents in Canada — students, workers, etc. — maintaining legal status while waiting on IRCC decisions is crucial. In 2025, two big issues are causing anxiety: (1) changes to the maintained status rules, and (2) substantial backlogs across immigration categories, especially permanent residence and temporary permits.
At AshLaw, we believe understanding these updates is essential, so that you can avoid losing status or being caught by surprise. Read on for what has changed, what the data shows, your rights, and how to act.
Table of Contents
- What is Maintained Status & Recent Rule Changes
- Current State of IRCC Backlogs (2025 Data)
- Who Is Most Affected
- Risks of Falling Out of Status
- What You Can Do to Stay Protected
- How AshLaw Can Assist
- FAQ
- What is Maintained Status & Recent Rule Changes
- Maintained status allows temporary residents (students, workers, visitors) who apply for an extension before their current permit expires to stay in Canada under their existing conditions while waiting for IRCC’s decision.
- On May 28, 2025, IRCC revised how maintained status applies when multiple extension applications are submitted. The goal: to clarify when status can lapse, how overlapping/serial applications are handled, and what rights remain during those periods.
- The new guidance emphasizes that each extension must be submitted properly, with supporting documents and that delays due to application processing do not always guarantee maintained status if the prior permit has expired. Some previous ambiguity has been addressed.
- Current State of IRCC Backlogs (2025 Data)
- From January 1 to July 31, 2025, IRCC made 266,800 decisions and welcomed 246,300 new permanent residents, but backlog for permanent residence applications remains high.
- Study permit quotas are now lower: IRCC intends to issue up to 437,000 study permits in 2025, which is about 10% less than in 2024, contributing to delay and stricter processing.
- IRCC’s inventory for applications is still large — millions of applications are pending overall. For example, backlog trending upwards for family sponsorships, temporary resident permits (visitor/worker/study), and processing delays across the board.
- Who Is Most Affected
- Temporary residents needing renewal of work/student/visitor permits
- Applicants with serial/overlapping applications (extensions)
- Those awaiting PR under Express Entry, PNP, family sponsorship
- Applicants for citizenship (affected by backlog and fee changes)
- Individuals without legal counsel or those using paper-based applications, which often face additional delays
- Risks of Falling Out of Status
- Losing the ability to work, study, or receive services like healthcare
- Becoming ineligible for later immigration paths that require maintained status or continuous presence
- Being forced into complicated restoration procedures, which are costly and may carry stricter eligibility criteria
- Exposure to exploitation, illegal status risk, or having to leave Canada temporarily
- What You Can Do to Stay Protected
- Always apply for extensions before current permit expiry, with all required documents
- Keep careful proof of application submission dates and confirmations (emails, receipts)
- When submitting overlapping applications (e.g., work permit renewal + study permit extension), track each carefully and avoid gaps
- Use the updated IRCC guidance on maintained status; understand your rights during the wait period
- If refused or delayed, consult legal counsel immediately — mistakes in these cases are costly
- Opt for digital/online submissions whenever possible (often faster, clearer tracking)
- How AshLaw Can Assist
- We conduct status audits: review your current permits, pending applications, and risk if status may lapse
- Provide guidance in preparing overlapping applications correctly
- Assist people in navigating restored status or restoration applications, if eligible
- Stay updated on IRCC policy changes, ensure clients avoid traps or procedural missteps
- Offer crisis support if status is lost (how to minimize damage, strategies to restore where possible)
- FAQ
Q: If my work permit expired but I submitted a renewal on time, am I still under maintained status?
A: That depends on whether the renewal was complete (all forms, documents, fees) and submitted before expiry. Under new rules, gaps, missing pieces, or paper submissions after cut-offs may jeopardize this.
Q: What happens if IRCC takes months to decide on my extension?
A: While you wait, you may continue under your previous conditions if your application was valid and timely. But you should always keep documentation proving you applied properly.
Q: Do these changes apply retroactively?
A: New maintained status clarifications apply from their announcement date forward (May 28, 2025). Past cases may still need review on their own merit.
Don’t risk losing your status.
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