Canada's Implied Status - Guide for International Students and Temporary Residents 

Summary: 

• Implied status allows temporary residents to legally remain in Canada while awaiting decision on permit extensions 

• Applies to international students, foreign workers, and visitors who apply before current permit expiry 

• Enables continuation of activities (study/work) under original permit conditions 

• Travel restrictions apply during implied status period 

• Application must be submitted before current permit expires to maintain legal status 

• Implications for permanent residency applications and status restoration 

Canada's immigration system offers a unique provision known as implied status, which plays a crucial role in helping temporary residents maintain their legal standing while awaiting decisions on permit renewals. This comprehensive guide delves into the intricacies of implied status, its benefits, application process, and implications for international students, foreign workers, and visitors in Canada. 

Understanding Implied Status in Canada 

Implied status, also referred to as maintained status, is a legal mechanism that allows temporary residents to continue their stay in Canada under specific conditions. This provision applies when an individual has applied to extend their temporary resident status before their current permit expires, and they are awaiting a decision on their application. 

The concept of implied status is rooted in Canadian immigration law, specifically in sections 183(5), 186(u), and 189 of the Immigration and Refugee Protection Regulations (IRPR). These regulations provide the legal foundation for temporary residents to remain in Canada and continue their authorised activities while their extension application is being processed. 

Who Can Benefit from Implied Status? 

Implied status is particularly beneficial for three main categories of temporary residents in Canada: 

1. International Students: Students who have applied to extend their study permits can continue their academic pursuits without interruption. 

2. Foreign Workers: Temporary workers who have submitted applications to renew their work permits can maintain their employment under the same conditions as their original permit. 

3. Visitors: Individuals in Canada on visitor visas who have applied for an extension can legally remain in the country while awaiting a decision. 

The Importance of Timely Application 

The key to obtaining implied status lies in the timing of the extension application. Temporary residents must submit their application before their current permit expires. Even a one-day delay in submission can result in the loss of implied status eligibility, potentially leading to serious consequences for the applicant's legal status in Canada. 

It is advisable to submit the extension application at least 30 days before the current permit's expiry date. This not only ensures eligibility for implied status but also provides a buffer for any unforeseen circumstances or processing delays. 

Conditions and Limitations of Implied Status 

While implied status offers significant benefits, it comes with certain conditions and limitations: 

1. Continuation of Original Permit Conditions: Individuals on implied status must adhere to the same conditions specified in their original permit. For instance, a student must continue studying at the same institution, and a worker must maintain their employment with the same employer. 

2. Travel Restrictions: One of the most crucial aspects of implied status is its limitation on international travel. If a person leaves Canada while on implied status, they may face challenges upon re-entry: 

   • Those exempt from Temporary Resident Visa (TRV) requirements may be allowed to re-enter as visitors. 

   • TRV holders may re-enter, but their ability to resume work or study is not guaranteed until their extension application is approved. 

3. Duration: Implied status remains valid until Immigration, Refugees and Citizenship Canada (IRCC) makes a decision on the extension application. The period of authorised stay will be equivalent to the validity of the new document if approved. 

Application Process for Implied Status 

To benefit from implied status, applicants must follow these steps: 

1. Prepare the Extension Application: Gather all necessary documents for the permit extension application well in advance of the expiry date. 

2. Submit Before Expiry: Ensure the application is submitted online before 11:59 pm Coordinated Universal Time (UTC) on the day the current permit expires. 

3. Retain Proof of Application: Keep a copy of the application and the confirmation of receipt. This serves as evidence of implied status if required. 

4. Continue Permitted Activities: Once the application is submitted, continue studying, working, or staying in Canada as per the original permit conditions. 

5. Await Decision: Remain in Canada and comply with all conditions while waiting for IRCC's decision on the extension application. 

Implications for Permanent Residency 

Implied status can have implications for those considering permanent residency in Canada: 

• Continuous Status: Time spent on implied status is considered as maintaining continuous status in Canada, which can be beneficial for certain permanent residency applications. 

• Work Experience: For programs like Canadian Experience Class, work experience gained during implied status is typically considered valid, provided the work was authorised under the original permit. 

• Study Completion: Students on implied status can complete their studies, which may be crucial for post-graduation work permits or certain immigration streams. 

Restoration of Status 

In cases where an individual fails to apply for an extension before their permit expires, they may be eligible for restoration of status: 

• 90-Day Window: Applications for restoration must be submitted within 90 days of losing status. 

• Restrictions: During the restoration period, individuals cannot work or study in Canada. 

• Application Requirements: Applicants must demonstrate that they met all requirements of their original status and explain why they failed to comply with conditions. 

Recent Changes and Considerations 

The Canadian government periodically updates immigration policies, which may affect implied status regulations: 

• Digital Processing: With the shift towards online applications, processing times for extensions may vary, potentially extending the duration of implied status. 

• COVID-19 Impact: The pandemic has led to temporary policy adjustments, including more flexible approaches to status extensions and restorations. 

• Provincial Variations: While implied status is a federal provision, its application may have slight variations depending on provincial policies and programs. 

Conclusion 

Implied status serves as a crucial safeguard in Canada's immigration system, offering temporary residents a legal means to continue their stay while awaiting decisions on permit extensions. Understanding the nuances of implied status is essential for international students, foreign workers, and visitors to navigate their stay in Canada successfully. 

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For those seeking to maximise their opportunities in Canada, Lurnable's premium membership subscription offers invaluable insights and guidance on immigration processes, including implied status applications. Our advisory services provide personalised support to help you make informed decisions about your stay in Canada. Stay updated with the latest immigration news and policy changes by joining our WhatsApp channel for instant updates on all our content. 

Remember, while implied status offers temporary relief, it's crucial to plan ahead and understand all aspects of your immigration journey in Canada. Stay informed, stay compliant, and make the most of your Canadian experience.

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FAQs 

1. What exactly is implied status in Canada? 

   Implied status allows temporary residents to legally remain in Canada under their original permit conditions while awaiting a decision on their extension application, provided they applied before their current permit expired. 

2. Can I travel outside Canada while on implied status? 

   It's not recommended, as leaving Canada on implied status may result in complications upon re-entry. You may lose your right to work or study until your extension is approved.

3. How long does implied status last? 

   Implied status lasts until IRCC makes a decision on your extension application. The duration can vary depending on processing times. 

4. What happens if my extension application is refused while I'm on implied status? 

   If your application is refused, you must leave Canada immediately or apply for restoration of status within 90 days if eligible. 

5. Can I change employers or educational institutions while on implied status? 

   Generally, no. You must continue to comply with the conditions of your original permit while on implied status. 

6. Is implied status automatically granted when I apply for an extension? 

   Yes, as long as you apply before your current permit expires. However, you should keep proof of your timely application. 

7. How does implied status affect my eligibility for permanent residency? 

   Time spent on implied status is usually considered as maintaining status in Canada, which can be beneficial for certain PR applications. 

8. Can I apply for implied status if I'm in Canada as a visitor? 

   Yes, visitors can apply for an extension and benefit from implied status, allowing them to stay legally while awaiting a decision. 

9. What documents should I carry to prove my implied status? 

   Carry your expired permit, a copy of your extension application, and the confirmation of receipt from IRCC. 

10. Can my family members also benefit from my implied status? 

    Family members must apply for their own extensions to benefit from implied status. Your status does not automatically extend to them.