Implied Status In Canada For Visitors, Students, Or Workers

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Last Updated On 13 November 2024, 9:06 AM EST (Toronto Time)

Navigating Canada’s immigration rules can be complex, especially regarding maintaining legal status as a temporary resident.

If you apply to extend your temporary resident status—whether as a visitor, student, or worker—before it expires, you may be eligible to remain in the country while awaiting a decision on your application.

This grace period to stay in Canada, known as “implied status” (colloquially also known as “applied status”) grants specific rights and restrictions during the processing time.

This article delves into the important information about the implied status, how it affects travel, and the impact on your stay.

Implied or maintained status allows temporary residents to legally stay in Canada under the same conditions of their original permit while their application for extension is processed.

For instance, a worker awaiting a decision on a work permit extension may continue working for the same employer.

If your permit expires during this time, you can still remain in the country with the assurance that your stay is lawful until the government renders a decision.

Temporary residents must submit their extension applications at least 30 days before their current permit expires to maintain uninterrupted status.

However, if you apply even a single day before the expiration, then you still may be eligible for implied status, but earlier the better.

When the extension application is under review, and the original permit has expired, the applicant is granted continuous status.

Here’s how it applies to different types of temporary residents:

Workers: Can continue working for the same employer as per the initial permit terms.
Students: Can keep studying under the conditions of their original study permit.
Visitors: Are allowed to remain in Canada but must avoid any activities requiring a work or study permit.

If a worker, for instance, wants to change jobs or transition to a study permit, they must apply for the specific permit that corresponds to their new activities.

Continuing work or studies without an appropriate permit may result in legal complications.

Implied status is only applicable while the applicant remains within Canadian borders.

When someone with this maintained status leaves Canada, they risk losing the privileges tied to their temporary status.

Upon re-entry, they may only be permitted to return as a visitor and must halt any work or study activities until the government finalizes their extension application.

Conditions for re-entry include:

TRV (Temporary Resident Visa) Exemption: If exempt, re-entry as a visitor may be allowed.
Valid TRV: Holders of a valid TRV may be able to re-enter Canada as temporary residents.

Those with implied status are advised to carry documentation proving that they have submitted an extension application.

If travelling is unavoidable, applicants should understand that re-entry may restrict their ability to resume work or study until their extension is approved.

For example, a student who departs Canada while awaiting a study permit extension may face restrictions on studying upon re-entry until a decision on their extension application is made.

Staying within the country during this period allows for a seamless continuation of study or work under implied status.

Whether your extension application is approved, refused, withdrawn, or rejected, each outcome impacts the duration and terms of your authorized stay differently.

Here’s a breakdown of each scenario:

a) If the Extension Application is Approved

When your application is approved, the newly issued permit will specify the length of the authorized stay.

The date on this document signifies when the decision was made, effectively resetting your Canadian status.

However, if you leave Canada and return, a border services officer may assign a new period of authorized stay, which should be adhered to for lawful re-entry.

b) If the Extension Application is Refused

In cases where the extension is refused, implied status remains in effect until a final decision is reached.

From the date of refusal, applicants are given a 90-day restoration period to regain legal status.

If an applicant re-enters Canada with a permitted stay period and receives a refusal during this timeframe, they may remain in Canada until the duration specified by the border officer ends.

c) If the Extension Application is Withdrawn

Withdrawing an extension application automatically cancels any pending application as of the date the withdrawal is registered.

The authorized stay period ends on this day, and if the applicant leaves Canada and re-enters under implied status, they may stay for the time determined by the border services officer.

d) If the Extension Application is Rejected

If an application is incomplete or does not meet eligibility requirements, it may be rejected.

A rejection implies that the application is considered invalid and the applicant’s status is not extended beyond the expiration of their original permit.

Those in this position must ensure they apply correctly or exit Canada when their current permit expires.

For temporary residents planning to transition to permanent residency, implied status can provide peace of mind, as this interim period is recognized as lawful Canadian residence.

Although a waiting period may exist between the expiration of the original permit and issuance of a new one, this will not impact your eligibility or processing for permanent residency.

Immigration officials will view this period as continuous legal residence, which can be crucial for applicants aiming to meet residency requirements.

6. Important Reminders for Maintaining Implied Status

Here are some essential guidelines for managing implied status effectively:

Submit Applications Early: Ensure all extension applications are submitted at least 30 days before the current permit expires to avoid last-minute complications.
Monitor Application Status: Track your application status and keep all documentation readily available, especially if you anticipate travel or re-entry.
Be Mindful of Activities: Avoid engaging in any unauthorized activities, such as working for a different employer or studying without the appropriate permit.
Understand Re-entry Limitations: If you plan to travel, be prepared for potential restrictions on resuming work or study upon re-entry until your extension is approved.

Implied status offers a temporary bridge for those navigating extensions and changes to their Canadian residence status.

By understanding the nuances of implied status, including travel restrictions, permitted activities, and implications of various application outcomes, you can better manage your Canadian temporary residency while awaiting official decisions.

Remember, staying informed about your legal status can help you remain compliant and avoid any disruptions in your stay in Canada.

For more details on maintaining temporary residency status, consult the latest updates and guidelines from IRCC.

What is implied status in Canada?

Implied or maintained status allows temporary residents who have applied to extend their permits to stay in Canada legally until a decision is made, even if their original permit has expired.

Can I work or study with implied status?

Yes, but only under the same conditions as your previous permit. If you wish to change employers, switch from work to study, or engage in new activities, a new permit must be obtained.

Can I travel outside Canada while on implied status?

Travelling outside on implied status is possible but comes with risks. Returning might restrict your ability to work or study until your permit extension is approved.

What happens if my extension application is refused?

If refused, you have a 90-day period to apply for restoration of your status. Leaving Canada and re-entering might also influence your permitted stay duration as assigned by the border officer.