Implied Status in Canada
- 1. What is implied status?
- 2. Does a candidate have to submit an application for implied status?
- 3. How long does implied status last?
- 4. Can an individual on implied status still work?
- 5. Can an individual on implied status still study?
- 6. What happens to implied status if an application is refused?
- 7. If someone on implied status leaves Canada, can they re-enter the country?
- 8. What documents are required to prove that someone is legally in Canada on implied status?
- 9. If the candidate applied for a different permit, can he or she continue the activities allowed by the previous permit while awaiting a decision on the application?
- 10. Will the apparent gap in the dates between two permits affect a future application for a Canadian Permanent Residence visa?
A person can legally remain in Canada under implied status if their previous permit for temporary stay has expired, but their application for a new permit is underway. Implied status permits the individual, and his or her family if applicable, to continue living in Canada under the conditions of the expired permit until a decision is made on the application. This generally applies to individuals or families who have applied for an extension of their work permit, study permit, or visitor visa.
No. An individual or family who has applied for an extension of a previous permit automatically obtains implied status upon the expiration of the previous permit, while awaiting a decision on the application.
The individual or family may remain on implied status until a decision is made on the application.
If a temporary worker applies for a work permit extension for the same employer before the expiration of the previous permit, he or she may continue working under the conditions of the previous permit. That means that he or she may still work for the same employer. However, if he or she has applied for a work permit for a different employer, he or she must cease working when the permit expires and await the decision on the application.
If a student applies for a study permit extension before the expiration of the previous permit, he or she can continue studying under the conditions of the previous permit. However, if he or she has applied for a study permit for a different institution, he or she must cease studying when the permit expires and await the decision on the application.
If an application is refused while the applicant is on implied status, the applicant will be out of status in Canada. Depending on the situation, the individual may be able to apply for restoration of status.
People who leave Canada while on implied status may be able to re-enter Canada as temporary residents if they have a multiple-entry visa, or if they are temporary resident visa (TRV)-exempt. If someone from a country that requires a TRV leaves Canada to visit the United States or St Pierre and Miquelon only, he or she is considered TRV-exempt and can return to Canada as a temporary resident.
However, individuals on implied status in Canada cannot resume work or study after leaving and re-entering the country, until the new permit is issued for work or study. That is, if a student leaves Canada while on implied status and returns to the country before a decision has been made on the application, he or she will not be able to resume studying.
Proof of the application for an extension of a permit is generally accepted as proof of implied status. If the application was submitted while the individual's previous permit was valid, the individual remains on implied status. It is strongly recommended that an individual who leaves Canada while on implied status carries proof of the submission of the application, to assist with re-entry.
Applicants who have been in Canada on implied status may have permits that show a gap in the dates between the expiry of the former permit and the issue of the more recent one. However, the renewed permit will generally state that the holder maintained their status until the new permit was issued, thus explaining the gap in dates.