Visitors, students, or foreign workers can lawfully remain in Canada until a decision is made on their application if they apply to extend their status before it expires. This time between the decision made and after expiry of temporary residents’ status is called implied status.
In this article, you can learn more about implied status and how it may affect the period of your authorized stay.
- Canada implied status
- Travelling outside Canada while having an implied status
- How implied status affects the length of the authorized stay?
Canada implied status
Temporary residents must apply at least 30 days before their current permit expires to extend their stay in Canada.
If their application is being processed when their current permit expires, they can remain in Canada under the same conditions as their previous permit.
For example, a temporary worker who applies to extend their work visa before it expires can continue to work in Canada for the same company while waiting for a decision.
Nevertheless, the temporary worker must stop working on the day their existing permit expires unless they have applied for another permit.
This can be extension of their work permit to work for a different employer or changing to a study permit.
If the status extension application is approved, the applicant (and their family member) can remain in Canada as long as they comply with the new permit conditions.
Moreover, the new permit would include an issue date. It could imply a waiting period between the issuance of the new permit and the current permit’s expiration.
However, it will not be a problem if the person later decides to seek permanent residency. This waiting period between expiration of existing permit and issuance of new one will be considered legal stay in Canada.
Immigration officer will recognize that this period is covered by implied status.
Travelling outside Canada while having an implied status
It’s crucial to remember that implied status only applies while the applicant is still in Canada.
A temporary resident with implied status who departs the country may be allowed to return as a temporary resident if certain conditions are met, which may include the following:
- The individual does not require a temporary residence visa or is exempt, or
- Has a valid temporary resident visa (TRV)
However, until a decision is reached about the application for the extension of status, a person with implied status would not be able to resume work or study.
Additionally, the applicant must show the officer at the port of entry proof of enough financial support while awaiting the outcome.
Therefore, it is strongly advised that anyone with implied status who departs the country do so with documentation proving that they have applied for a permit extension.
Upon departing Canada, a person having implied status (either to work or study) effectively forfeits that right until a decision is made regarding the application to work or study in Canada.
For instance, a student who has applied to extend their study permit and leaves Canada might be permitted to return. However, until a decision is reached on the application, they will not be able to study in Canada.
However, they could have legally continued to study in Canada if they had stayed on implied status.
How implied status affects the length of the authorized stay?
If the application for extension has been approved
If the extension application is approved, the document’s date of issuance shows when the decision on the application was made.
The applicant’s authorized stay period is now equal to the validity of the new document.
The border services officer may impose a period of stay, if the applicant leaves Canada and returns. Meanwhile, the application for an extension is refused before the end of this period.
In that case, the applicant may remain in Canada until the end of the stay specified by the border services officer.
If the extension application is refused
If the extension application is refused, the applicant is deemed in status until a decision is reached on their application.
Moreover, the 90-day restoration period begins on the date of refusal.
If the applicant leaves Canada and returns, the border services officer imposes a period of stay, and the application for extension is refused before the end of this period, the applicant may remain in Canada until the end of the stay specified by the border services officer.
If the extension application is withdrawn
There is no longer a pending extension application as of the day the withdrawal is registered, if the extension application is withdrawn. Consequently, the authorized stay period expires on that day.
If the applicant left Canada, the border services officer imposed a period of stay upon re-entry, and the extension request is withdrawn before the expiration of this period, the applicant may stay in Canada for the duration of the stay specified by the border services officer.
If the extension application is rejected
It is viewed as if the application was never submitted, if the application for an extension is rejected (deemed incomplete).
As a result, the applicant will continue to be in status until their current temporary resident status expires.
Source: IRCC
Latest Manitoba PNP Draw Sent 336 New Invites For PR
January 26, 2023 – Second Manitoba PNP Draw of 2023 sent 336 invitations for PR including 32 Express Entry profiles. Get full details here.
New IRCC Temporary Policy For Spousal Open Work Permit Eligibility
Phase 1 of new IRCC temporary policy expanding eligibility for spousal open work permit will come in effect on January 30, 2023.
Ontario PNP (OINP) Sent 692 New Invitations For PR
First Ontario PNP (OINP) Masters Graduate Stream of 2023 invited 692 profiles having EOI cut off score at 44 or above. Details inside.
Here Are New Updated IRCC Processing Times As Of January 25
Here are newly updated official IRCC processing times as of January 25, 2023 as well as comparison with last week’s processing times.
BC PNP Draw Sent More Than 270 New Invitations For PR
Latest BC PNP Draw (British Columbia) invited 221 applicants for permanent residency (PR). Minimum cut off score reduced by 3 points for 4 categories.
Ontario PNP (OINP) Draw Sent 620 New Invites For PR
First OINP International Student Stream of 2023 invited profiles having a score of 82 and above in general draw. Details inside.
Canada Immigration Backlog Drops To 918,300
Canada immigration backlog finally drops below 1 million as per latest available official IRCC data. Backlog reduces for citizenship & temporary residence files
International Students Protest Calling For New Changes to Manitoba PNP
International students calling on Manitoba PNP to lower the cut off points and work permit extensions that are expiring soon. Details inside.
Police Clearance Certificate (PCC) for Canada Immigration
Most Canada immigration and visa programs require a police clearance certificate commonly known as PCC. Check out PCC requirements and where to get it from.
IEC 2023: Second Draw of The Year Sent 7,118 New Invites
IEC 2023 Second draw sent 7,118 new invitations under three categories. As usual, most of the invites went to Working Holiday category.
IRCC Doubles PR Quota For Out-Of-Status Construction Workers In GTA
Today, IRCC announced doubling the Permanent Residency (PR) quota, for the out-of-status construction workers in the Greater Toronto Area (GTA).
Canada Permanent Resident Travel Document-All You Need To Know
Permanent residents outside Canada without valid PR cards need a permanent resident travel document (PRTD) to return to Canada. Here’s how to apply.
Alberta PNP – New Updated Numbers As Of January 17, 2023
Last Alberta PNP Express Entry draw was in December 2022 inviting 129 profiles having CRS cut off score 305 and above. Get full details here.
Express Entry Draw Sent 5,500 New Invites For PR-January 18
Express Entry draw Cut off score dropped by 17 points to 490 in the second draw of 2023! Get full details and Express Entry draw history here!
Check Out Latest IRCC Processing Times As Of January 18
Here are newly updated official IRCC processing times as of January 18, 2023 as well as comparison with last week’s processing times.
British Columbia PNP Sent More Than 190 New Invites For PR
January 17 – BC PNP Draw (British Columbia PNP) invited more than 190 applicants for permanent residency (PR) under 5 different categories. Details inside.
IRCC Considering New Measures To Clear Visitor Visa Backlog
IRCC hopes to significantly reduce or eliminate visitor visa backlog with “Aggressive Actions.” Announcement could be made within days as per internal sources.
Canada Study Permit – Know How to Address Gaps In Study!
If you have a study gap, but looking to apply for study visa in Canada. Learn about the most common reasons for a gap and how to justify them.