Last Updated on March 18, 2025
In the Canadian immigration landscape, Maintained Status plays a critical role for Post-Graduation Work Permit (PGWP) holders seeking to transition to an LMIA-based work permit under the Temporary Foreign Worker Program (TFWP). This status allows international graduates to legally remain and work in Canada while their new work permit application is under process, provided they apply before their PGWP expires.
What is the Maintained Status for PGWP Holders?
Maintained Status (formerly known as Implied Status) allows foreign workers to stay and continue working in Canada under the same conditions as their PGWP while awaiting a decision on their new work permit application. However, this status remains valid only if the applicant stays within Canada. If the applicant leaves the country during the processing period, the right to work will be lost until the new work permit is approved.
Key Requirements for PGWP Holders Applying for an LMIA-Based Work Permit
PGWP holders can submit their work permit application without an LMIA approval if their PGWP is expiring within two weeks, as per IRCC guidelines. However, the application must include:
- Proof of a valid job offer
- Proof of LMIA request submission, which can be provided through:
- A copy of the LMIA application confirmation number, or
- Mentioning details in the “Intended Work in Canada” section of the work permit application, including the date of LMIA submission, the office it was sent to, employer details, and the LMIA confirmation number.
LMIA Process and Estimated Timeline
The Labour Market Impact Assessment (LMIA) process involves three essential steps:
- Job Advertisement Stage
The employer must advertise the job position to Canadian citizens and permanent residents before hiring a foreign worker.
Timeline: Approximately 30 days - LMIA Application Processing
The employer submits the LMIA application to Employment and Social Development Canada (ESDC) for approval.
Processing Time:- Low-wage positions: 76 days
- High-wage positions: 68 days
- Work Permit Application
Once the LMIA is approved, the foreign worker can apply for a work permit through IRCC.
Processing Time: 114 days (as per current IRCC standards)
Total Processing Time for LMIA-Based Work Permit
- For Low-Wage Positions: Approximately 220 days
- For High-Wage Positions: Approximately 212 days
Critical IRCC Guidelines for PGWP Holders
Once the LMIA is approved, the applicant must submit proof of LMIA approval to IRCC within 60 days of the work permit application submission date. Failure to do so may lead to application refusal.
However, recent trends suggest that IRCC has been rejecting work permit extension applications for certain low-wage positions, with no clear reasoning provided.
Importance of Maintained Status for PGWP Holders
For international graduates transitioning from a Post-Graduation Work Permit (PGWP) to an LMIA-based work permit, Maintained Status serves as a crucial opportunity to legally work in Canada while awaiting a decision on their new work permit application. However, adhering to the LMIA process, submission timelines, and IRCC guidelines is essential to avoid delays or refusals.
At Growing Globe Immigration, our team of experts provides comprehensive guidance and professional assistance to international graduates in successfully navigating the LMIA process.
Book a consultation with our experts today to secure your Canadian work permit!
