Canada — immigration · immigration

Can I Study on Maintained Status Work Permit in Canada?

If you are in Canada on maintained status awaiting a work permit extension, your legal ability to study is highly restricted. While you can typically continue working, you generally cannot begin or continue studying unless you hold an unexpired work permit or a formal study permit.

What the Law Says About Maintained Status and Studying in Canada

Maintained status (formerly known as implied status) in Canada is governed by the Immigration and Refugee Protection Regulations (IRPR), specifically under IRPR Sections 186(u) and 189. It allows temporary residents—such as foreign workers from countries like India, Nigeria, the Philippines, or China—to legally remain in Canada and continue their current activities if they apply to extend their status before their existing permit expires. However, maintained status only preserves the exact conditions of your original authorized permit. If your original work permit states that you are prohibited from attending any educational institution or taking academic training unless authorized, you cannot study while on maintained status.

Additionally, IRCC's operational instructions (updated May 28, 2025) strictly regulate how consecutive applications are handled. If you submit a work permit extension on time but then attempt to change your status to a student with a subsequent application after your original permit has expired, a refusal on your first application will immediately strip you of maintained status, leaving you out of status and facing potential removal.

The Trap of the Temporary Public Policy

Many workers in Canada look to a temporary public policy implemented by Immigration, Refugees and Citizenship Canada (IRCC) on September 4, 2026 (valid until December 31, 2027). This policy allows certain foreign workers to study without a study permit for courses lasting six months or less. However, there is a dangerous trap for those on maintained status: the policy explicitly requires you to hold a valid, unexpired work permit.

According to official IRCC guidelines, you cannot study without a study permit if your work permit has expired or will expire while you are studying. Even if you have applied for a work permit extension on time and have maintained status to work, you are not eligible to study under this temporary policy. Violating this condition by attending classes while on maintained status can lead to severe consequences, including the refusal of future permanent residence (PR) applications or work permits.

What You Can Do Next to Protect Your Status

If you want to study while in Canada, you must take proactive, legal steps to secure the correct authorization. If your program is longer than six months, or if your work permit is about to expire, you must apply for a formal Study Permit inside Canada using Form IMM 5709 before your current work permit lapses. While you wait for IRCC to process this application, you will have maintained status to stay in Canada, but you must not start your studies until the study permit is officially approved.

To build a strong application, you will need to upload a Letter of Acceptance (LOA) from a Designated Learning Institution (DLI), a Provincial Attestation Letter (PAL) if applicable, and robust proof of financial support. Be extremely cautious about the timing of your submission: the application must be received by IRCC before midnight Coordinated Universal Time (UTC) on the day your current permit expires, or you will immediately fall out of status.

Let Caunsel Guide Your Transition

Navigating the overlap between work permits, maintained status, and study authorizations can be incredibly stressful, especially with IRCC's rapidly changing public policies. Please note that this guide does not constitute legal advice, and Caunsel is not a law firm. However, you do not have to figure this out alone.

You can use Caunsel to research the latest IRCC regulations, organize and save your immigration documents securely within a structured case file, and generate drafts of your transition plan. When you are ready for personalized legal guidance, Caunsel can seamlessly connect you with an independent, licensed immigration lawyer who can review your application, verify your study eligibility, and help protect your future in Canada.

Steps

• Examine your current physical work permit's expiry date and conditions to confirm your baseline authorization.
• If your work permit is expiring, immediately halt any plans to enroll in short-term courses unless you receive your approved work permit extension first.
• Secure a Letter of Acceptance (LOA) from a Designated Learning Institution (DLI) if you intend to transition to a formal study permit.
• Submit your Study Permit application (Form IMM 5709) online via the IRCC portal before 11:59:59 PM Coordinated Universal Time (UTC) on the day your work permit expires.

Common mistakes

• Believing that maintained status acts as a valid, unexpired work permit under the short-term study public policy.
• Starting a course of study while on a pending worker-to-student change-of-status application.
• Traveling outside of Canada while on maintained status, which immediately terminates your authorization to work or study upon your return.

Questions people ask

Can I study part-time on maintained status if my work permit extension is pending?

No. Under the temporary public policy in effect until December 31, 2027, you must hold a valid, unexpired physical work permit to study without a study permit. Maintained status does not count as holding a valid work permit for this policy.

What happens if I apply to change my status from a worker to a student before my work permit expires?

You can stay in Canada legally under maintained status, but you cannot begin studying until your study permit (Form IMM 5709) is formally approved by IRCC.

Can I study if my work permit does not have a 'prohibited from studying' condition printed on it?

No. Under Canadian law, all foreign nationals are prohibited from studying unless authorized by the IRPA/IRPR or a specific public policy. Even if the physical condition is not printed on your permit, the default statutory prohibition still applies unless you meet a specific exemption.

General information only, last updated 2026-10-03. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Canada — immigration.