Last Updated On 9 April 2023, 9:52 AM EDT (Toronto Time)
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.
Table of Contents
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
New Canada Workers Benefit Payment 2023 Is Now Rolling Out
India Canada Latest News and Updates | Ongoing Diplomatic Issue
This page enlists all the India Canada latest news and updates related to the ongoing diplomatic issue between the two countries. We (INC – Immigration News Canada) are updating this…
Universal Eye Care Deemed Essential for Canadians
Today, Canadians are facing a unique health crisis that continues to baffle researchers and plague the nation’s healthcare system. Over eight million citizens are living with at least one of…
New Report On International Students in Canada
Today, Canadian Senate members issued a report describing ways to improve the integrity of the program for international students in Canada. While the survey reveals that international students benefit Canada’s…
New Express Entry Draw For 10 Transport Occupations Is Out Now
Today, Immigration, Refugees, and Citizenship (IRCC), announced the first transport Express Entry draw as part of its new category-based selection. This round of invitations emphasizes applicants with transportation experience, such…
New Ontario-OINP Draw On Sep 19 Sent Out 608 PR Invitations
On September 19, 2023, the Ontario Immigrant Nominee Program-OINP draw issued 608 invitations to apply for permanent residency (PR) in general draws under two different streams. 537 invitations have been…
New Express Entry Draw Today Invites 3,200 Profiles For PR
IRCC sent out 3,200 invitations to apply (ITAs) in a new Express Entry draw today, considering profiles from all the programs. The Comprehensive Ranking System (CRS) score jumped significantly by…
Migrants March On Streets Demanding New Permanent Residency Pathway
Migrants, including undocumented persons, students, and refugees, marched in cities throughout Canada on Sunday to seek permanent residency status for all before the federal parliament reconvenes on Monday. In Toronto,…
Top 5 High Demand Skilled Trade Jobs In Canada
Canada has more than 300 occupations designated as skilled trade jobs and most of them are in-demand across the country and offer attractive careers. On top of this, Canada is…
New Working Holiday Visa Draws Sent 4,955 Work Permit Invitations
International Experience Canada (IEC) sent out 4,955 invitations to apply for open work permits in the new Working Holiday Visa rounds of invitations in the last 2 weeks. 15,819 spots…
Cap On International Students – Here Is The Latest Update
New Housing Minister and former Immigration Minister Sean Fraser takes a kind of step back on the concept of placing a cap on international students. Like we initially reported, it…
Canada Announces New Measures To Tackle Housing Crisis & Rising Grocery Prices
On September 14, 2023, the prime minister of Canada, Justin Trudeau, announced a comprehensive set of new initiatives aimed at tackling the housing crisis and containing rising grocery prices. This…
Canadians Unhappy With PGP 2023 Not Opening For New Sponsors
The new round of PGP 2023 (Parents and Grandparents Program) will open on October 10, 2023, sending out invitations to apply for 24,200 prospective sponsors. IRCC is targeting to accept…
Know About MELT Program For Truck Drivers In Canada
The MELT program or course stands for mandatory entry-level training that is required to apply for a license to become a truck driver in Ontario, British Columbia, Alberta, Saskatchewan, and…
New Express Entry Certificate of Qualification Occupation List
The IRCC officially updated the list of trade occupations eligible for Express Entry certificates of qualification on September 8, 2023. This list now has a total of 101 occupations. The…
New Canadian Passport Ranking Is Now Number 6, Higher Than U.S.
The new Canadian passport has recently achieved a global ranking of 6 in the Henley Passport Index, surpassing the United States, which is now ranked number 7. This significant improvement…
New Parents and Grandparents Sponsorship 2023 To Open In October
New Parents and Grandparents Sponsorship 2023 News: The IRCC will start accepting up to 15,000 complete applications for the Parents and Grandparents Sponsorship 2023 in October 2023. Beginning on 10…
New Jobs Report: Unemployment Rate In Ontario Is Now At 5.9%
According to a recent jobs report from Statistics Canada for the month of August 2023, the unemployment rate in Ontario has risen to 5.9% from 5.6%. So the unemployment rate…
New OINP Express Entry Draw Invite Profiles With CRS Score 308-434
The Ontario Immigrant Nominee Program (OINP) has conducted a new Express Entry draw, issuing 300 Notifications of Interest (NOIs) for provincial nomination. This draw specifically targeted Express Entry profiles created…