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Implied Status in Canada

What is implied status? 

The Canadian concept of extension by law is the automatic extension of temporary resident status as a visitor, worker or student per subsection 183(5) Immigration and Refugee Protection Regulations (IRPR). This regulatory provision is called implied status.

Image by John Iglar from Pixabay 

Furthermore, when workers or students apply for renewals before their permits expire, paragraph 186(u) and section 189 IRPR allow them to continue working or studying beyond the expiry date. However, they must remain in Canada and meet the conditions of their initial permits to maintain legal status until Immigration, Refugees and Citizenship Canada (IRCC) makes a decision.

During the processing of their applications, temporary residents may confirm their implied status by providing a copy of the following:

  • Expired visitor record, work permit or study permit
  • Application for an extension 
  • Fee receipt
  • Delivery confirmation of the application before the expiry date

Upon receipt of a decision, temporary residents must inform Service Canada and their employers of the new expiry date. 

Update

On October 20, 2020, IRCC modified the processing of online work permit extensions to allow temporary residents on implied status to access social and health benefits with greater ease. Additionally, the changes will assist employers to better understand their employee’s status in Canada.

Background

Obtaining access to government services can be challenging without an official document to prove status. Consequently, IRCC edited the wording of their Acknowledgement of Receipt (AoR) letter confirming that the permission to work has been extended to a specific date or until a decision is made. 

Acknowledgement of Receipt

See the second paragraph of the AoR for an online work permit extension application.

For more information regarding implied status, contact us by eMail or phone.

Disclaimer

Information provided in this article does not constitute immigration or citizenship advice. Only authorised representatives are allowed to assist applicants with immigration and citizenship services for a fee. In addition, immigration laws, regulations, and policies are changing constantly.

If you need help with the assessment of your case, then obtain sound advice from Mrs. Katharina Kontaxis, RCIC. Only with a proper case strategy can you reach your goal of Canadian permanent residence or Canadian citizenship.

KIS Migration offers a full range of Canadian Immigration and Citizenship Consulting Services in English, French and German. Its business model of Keeping It Simple is key to success. Everyone’s path to Canada is unique! KIS Migration assists you on your journey to Canada while making the process easy for you. Let KIS Migration help you realize your Canadian Dream!