Temporary residents (Tourists, Students and Workers) are aware that they have to maintain their immigration status in Canada, and they must file an application to remain in Canada before the expiry of their permit (Work or Study Permit) or visitor status.
A lot of people are not clear about what is next or what they are allowed to do after they have submitted their application to extend their stay as they are not in possession of a valid immigration document (Study Permit, Work Permit or visitor stay validity) that confirms what their status is in Canada and what rights are they entitle while waiting for the response from IRCC.
Whoever apply to extend their stay in Canada before the expiry of their visitor status or work and study permits have what we call â€œImplied Statusâ€ as long as they have applied before the expiry date of the work or study permit, or if you are a tourist, before the 6 months stay after you arrived.
Implied Status means that the person, (as tourist) or work permit holder or study permit holder continues to maintain their legal immigration status in the country until a decision is made on their submitted extension application. This allows the applicant to legally reside in Canada even though the permit has expired, no matter how long it will take Immigration, Refugees and Citizenship Canada (IRCC) to process and finalize their application.
Implied Status is granted by Canadaâ€™s immigration laws. This means that IRCC will not send you a document or confirmation that you have implied status, nor tell you what you can or cannot do while under implied status.
The only way to show you benefit from implied status in Canada is to keep a filed copy of your application, along with proof that it has been submitted to the immigration office. Some applicants may know that with implied status they can continue to visit, work or study, as applicable, under the same conditions as their expired visitor record or permits until a decision is made on their application to extend their stay in Canada.
However, what happens if the same person leaves Canada while under implied status? : Implied status continues to exist even if the person benefiting from it departs Canada. Therefore, they continue to have legal immigration status when they re-enter Canada without having to make a new application to enter the country. However, if a person departs Canada and later returns under implied status, they can no longer work or study under the same conditions of their expired work or study permits. For this reason, unless necessary it is generally advisable to avoid travelling outside Canada while under implied status.
In cases where leaving Canada is unavoidable, make sure that you have a multiple-entry visa to come back to Canada or confirm that you have a valid ETA to reenter the country. You should prepare in advance and take the necessary steps, if possible, to make a new application for a work or study permit at the Canadian port of entry, in case you are eligible.