Implied Status in Canada: What You Must Know

Understanding Implied (Maintained) Status

In Canada, one is allowed to stay legally in the country on Implied Status (or Maintained Status, in contemporary references) while the extension application is pending, provided there has been an application to extend his or her study permit, work permit, or visitor status before expiry of said status.

This implies that a person should not lose legal status simply because Immigration, Refugees and Citizenship Canada (IRCC) has not yet finished reviewing their extension application. However, if your application for the extension has been submitted after your status has expired, you will not be protected.

How Implied Status Applies to Different Categories

Visitors

If you are visiting Canada and you apply for an extension of your stay before your visa expires, you are allowed to remain in Canada under the same conditions until the extension decision is made. You cannot work or study during this time unless you could have done so before.

International Students

If your study permit expires but you apply for an extension before the expiry date, you may continue to study on the same terms until IRCC decides on your permit. Your implied status automatically ceases if you depart from Canada during this time, meaning that you will have to wait for a new approval before you can return.

Temporary Foreign Workers

If you apply for an extension in due time on a valid work permit, you shall be allowed to work after the decision on the extension has been issued, but under the same employer and conditions. Approvals are needed for changes in employer or occupation.

Why It Matters

A lot of people lose their legal status just because they do not understand how the timelines for processing work. Implied status is there as a safety net, but it will only work if you take timely action. The applicant, before the expiry, must lodge a full and proper application to maintain his/her status to remain, study, or work in Canada.

Conclusion and Call to Action

Maintained status offers peace of mind while waiting for permit extensions but a lot of precision and awareness go into establishing that status. You cannot afford to lose legal status by missing a deadline or submitting an incomplete application.

Abhinav Immigration Services guides clients through every step of maintaining or restoring their status in Canada. If your permit is expiring soon, do connect with one of our licensed consultants to be fully compliant and continue with an uninterrupted stay.