Going to the US on maintained status or a visitor record: what you lose and whether you can come back

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: sections 183 and 190 of the Regulations and IRCC’s maintained status instructions checked that day.

Maintained status lets you keep the conditions of your permit while IRCC decides an extension you filed before it expired. It ends when you leave Canada. You can come back as a temporary resident if you are visa-exempt, hold a valid multiple-entry visa, or are returning from a trip only to the US within your authorized stay, and if no new permit has been issued, you may not resume work or study when you return. A visitor record works the same way in practice: it is not a re-entry document. Whether you are let back in, and for how long, is the border officer’s decision.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises on travel during pending applications and on status after a border refusal; this guide is by Prabhpreet Kaur Sangha.

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What are the rules?

• Maintained status ends when you leave: “A temporary resident’s maintained status ends when they leave Canada.”
• Re-entry: you need to be visa-exempt (with an eTA if you fly) or hold a valid visitor visa.
• A trip only to the US: someone who needs a visa may return without a new one if they held a work or study permit issued before they left, or were authorized to stay, and return by the end of the period authorized for their stay or any extension (IRPR s.190(3)(f)). A visitor record shows how long you are authorized to stay.
• If your permit expired while you waited: an extension filed before expiry extends your authorized stay while IRCC decides (IRPR s.183(5)). So the US-only exemption can still apply if you applied in time, the application is still pending when you return, and you visited only the US.
• Work and study: if the new permit has not been issued, you can return as a visitor but cannot resume work or study under the expired permit. If IRCC approved the extension while you were away, you may be admitted as a worker. A work permit is not a travel document.

Why this needs a lawyer

One lawyer, one file, every step:

• deciding whether the trip is worth the risk;
• preparing the documents to show at the border;
• advice if you were admitted only as a visitor or refused;
• restoration or a new application if your status was lost.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options?

1. Stay in Canada until the new permit is issued, if the trip can wait.
2. If you must go, carry the application receipt, your passport, any valid visa, and proof of your ties and plans in Canada.
3. If you are admitted as a visitor, don’t work or study until the new permit arrives.
4. If you are refused entry, ask whether you can withdraw your application to enter, and get advice before you try again.

Travel on maintained status at a glance

Worked example: the cousin’s wedding in Seattle

Example. A worker in Surrey filed to extend his work permit before it expired, and he is visa-exempt. He drives to Seattle for a wedding and comes back on Friday, December 18, 2026. The officer admits him as a visitor. He stops working until IRCC issues his new permit, and tells his employer why in writing.

Mistakes I have seen

• I have seen people go back to work after a trip, thinking maintained status had resumed.
• I have seen people travel on a visa that had already expired.
• I have seen people take a visitor record as permission to leave and come back.

Frequently asked questions

Does my pending application get cancelled if I leave?

Leaving doesn’t normally cancel it, but you lose maintained status while it is decided.

I flagpoled for a new permit. Is that different?

Yes. Applying at the border is its own process. See our guide on flagpoling before you go.

Can the border officer give me a new permit?

Only in some cases, if you are eligible to apply at the border. Get advice first.

Related guides

See our guides on maintained status when your permit expires before PR, a refused visitor record, being refused entry at the border and a visitor visa that shows the old expiry date.

What should I do right now?

Check whether your new permit has been issued. Check your visa or eTA. If you’re still unsure, get advice before you book the trip.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Regulations, s. 183 and s. 190 (current to October 19, 2026)
• IRCC Help Centre: leaving Canada while a work permit extension is pending
• IRCC: Maintained status during processing (modified May 28, 2025)
• IRCC: Electronic Travel Authorization (eTA)

This article is general information, not legal advice. Every case depends on its own facts.