Canada crackdown: Now, you won't get a second chance to extend your visa

Canada's new rules end maintained status if your first visa bid is refused. A second application won't keep you in the country, says IRCC

Canada’s immigration department on May 28 issued new instructions that could affect thousands of temporary residents relying on “maintained status” while awaiting visa decisions.

 

Now, if a resident submits a second application while already on maintained status and their first application is refused, they will no longer be allowed to stay in Canada during the processing of the second application. Instead, the second application will be refused outright and returned, according to Immigration, Refugees and Citizenship Canada (IRCC).

 

What is maintained status?

 

Maintained status—previously known as implied status—allows temporary residents to stay in Canada under the same conditions as their expired permit while their extension application is under review. For example, a student could continue studying or a worker could keep working, provided the extension application was submitted before the original permit expired.

 

What’s changing and why it matters

 

Under the earlier rules, even if a person’s first extension application was refused, they could still remain in Canada if a second application was submitted before the expiry of their original permit. Their stay was considered authorised, although they could not work or study during this time.

 

Now, that is no longer the case. If the first application is refused, the second one will not preserve their legal status, regardless of whether it was submitted before or after the original permit expired.

 

“For people who’ve filed multiple applications while trying to extend their stay, a refusal of the first now shuts the door,” IRCC said in a statement.

 

Key changes

 

1. If the first application is approved, the outcome remains unaffected—the applicant receives the new status.

2. If the first application is refused, and the second was submitted after the permit expired, the applicant is considered out of status. The second application will be refused and returned.

3. If the second application was submitted before the expiry of the original permit, and the first application is refused, the applicant may still maintain status during the processing of the second application—but only under certain conditions. However, this does not guarantee legal stay or authorisation to work or study.

 

Those who fall out of status may still apply for restoration, if eligible.

 

No more work or study permit applications at border

 

In the same update, IRCC also removed the option for applicants to apply for work or study permits at the port of entry. This follows a broader clampdown on “flagpoling”, a process used by applicants to re-enter Canada quickly to validate their new permit by briefly exiting and re-entering the country.

 

“Flagpoling has been a way for people to quickly change their status, such as renewing a work or study permit, without fully going through the proper channels. This is inefficient and causes unnecessary congestion at border points,” said then immigration minister Marc Miller in December 2024.

 

The flagpoling ban is part of a wider effort by Canada’s immigration department to strengthen border procedures and reduce fraud. Last year, Miller also announced the removal of Express Entry points for job offers supported by a Labour Market Impact Assessment (LMIA) and granted officials the power to cancel or amend documents in the public interest, especially in cases involving fraud.

 

Spike in asylum claims from students

 

At the same time, Canada is dealing with a sharp increase in asylum claims from international students. IRCC data released on May 13 show that 5,500 asylum claims were filed by international students in the first three months of 2025—a 22 per cent rise over the same period last year.

 

In 2024, international students filed 20,245 asylum claims, nearly double the number in 2023 and six times more than in 2019. While the raw numbers are high, IRCC said, “The proportion of permit holders claiming asylum remains small compared to total permits issued.”

 

Top countries of origin for student asylum claims

 

According to Canada-based Global News, most asylum claims from students in 2024 came from:

 

India

Nigeria

Guinea

Ghana

Democratic Republic of Congo