Your work permit expiry date has passed or it is coming up fast and you are not sure what happens next. Can you still work? Can you still stay in Canada legally? What if your renewal application has not been approved yet?
This situation is more common than most people realize, and the good news is this: you likely have more legal options than you think but only if you act within the right window.
Here is exactly what you need to know about maintained status in Canada in 2026.
Maintained status, sometimes called “implied status” is a provision under Canada’s Immigration and Refugee Protection Regulations that allows you to legally remain in Canada, and in most cases continue working, even after your work permit has expired, as long as you applied to renew it before it expired.
In plain terms: if you submitted your renewal application before your permit ran out, you do not fall out of status the moment the expiry date passes. Your previous conditions are “maintained” while IRCC processes your new application. This applies to work permits, study permits, and visitor records — but the rules and limitations differ for each. This blog focuses specifically on work permits.
Maintained status does not apply to everyone automatically. For this, you must have to have applied before your permit expired. The application must have been submitted and received by IRCC before your expiry date . IRCC uses the UTC time zone to calculate all online submission deadlines. You actually need to submit your documents several hours earlier based on your local time. A late submission, even by one day, breaks this protection entirely.
Yes, in most cases.
If you held a work permit that authorized you to work, maintained status generally allows you to continue working for the same employer under the same conditions while your renewal is pending.
This is one of the most misunderstood points in the South Asian immigrant community in Calgary and Saskatoon. Many people stop working unnecessarily, believing their authorization ended with the permit’s expiry date. It did not, provided you applied on time. However, there are important exceptions. If your work permit was employer-specific (closed), you cannot switch employers during this period even if a new job offer exists. And if your original permit had restrictions on hours or location, those restrictions carry over.
Keep a copy of your IRCC acknowledgement of receipt. If your employer or a border officer ever questions your status, this document confirms your application was submitted on time and maintained status applies.
This is where urgency becomes critical.
If your work permit has already expired and you did not apply before the expiry date, you are no longer on maintained status. You are technically out of status but you are not necessarily without options. IRCC provides a 90-day restoration window from the date your status expired. Within this window, you can apply to restore your status as a worker, provided:
A restoration application is not the same as a renewal. It specifically asks IRCC to restore your status to what it was and it must be accompanied by a new work permit application submitted at the same time. The 90-day window is the most important deadline in Canadian immigration for workers who have fallen out of status. Missing it removes restoration as an option entirely.
If more than 90 days have passed since your work permit expired and you did not apply for restoration, your options narrow considerably:
This does not mean there is nothing that can be done but it does mean the solution becomes significantly more complex, more expensive, and less certain. Acting early matters enormously.
Your maintained status and restoration rights are governed by federal law, IRCC applies the same rules whether you are in Calgary or Saskatoon. However, provincial immigration programs can intersect with your situation in important ways.
If you are considering transitioning to permanent residency while on maintained status, the Alberta Advantage Immigration Program (AAIP) and the Saskatchewan Immigrant Nominee Program (SINP) have different streams, processing timelines, and eligibility thresholds. A lawyer who understands both programs can help you map the fastest path forward based on where you currently live and work.
After helping hundreds of clients across Calgary and Saskatoon navigate work permit situations, these are the errors that cause the most damage:
Waiting to apply. Many people delay renewal applications because they are waiting on their employer, waiting for a document, or simply unsure of the process. The only date IRCC cares about is whether the application was in before the expiry date.
Stopping work unnecessarily. On maintained status, stopping work when you did not need to can create gaps in your employment record that affect future applications.
Assuming restoration is automatic. Restoration requires a formal application with correct documentation. Many clients attempt it without legal guidance and receive refusals that could have been avoided.
Not keeping proof of submission. Your IRCC acknowledgement of receipt is your protection. Store it digitally and physically.
If your work permit has expired or is about to expire, the single most important thing you can do is understand exactly where you stand today.
Whether you are on maintained status, approaching the 90-day restoration window, or already past it, the right legal advice at this stage can make the difference between staying in Canada and building your future here, or facing a far more difficult path.
Uppal Legal Group serves clients across Calgary and Saskatoon with Punjabi, Hindi, and Urdu support available.
If you’re planning regarding your status restoration needs, make sure to get proper immigration status advice. At Uppal Legal, we have extensive knowledge of immigration. We’re experts in the Calgary and Saskatoon areas and we can provide the guidance to ensure your immigration cases are dealt with highest priority. Call us today at 587-358-2222 / 403-608-8000, or send us an email at office@uppallegal.ca for a comprehensive review of your immigration status.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal or tax advice. Every immigration case is unique, and immigration laws are subject to change. For personalized guidance on your specific circumstances, please contact us directly to discuss your year-end tax planning and corporate structure needs.
