Your gateway to Canada

What exactly is Implied Status and when does it apply?

By Atty. Henry Moyal

A worker or student or visitor in Canada are considered temporary residents as they have a limited time by which they are authorized to remain in Canada. A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law ( Regulation 183(5) until a decision is made. Such a person is considered to have “implied status” as a temporary resident during that period.

In other words, as long as an applicant submits their renewal application before expiry date, the applicant’s status is kept intact and continues to have such status until Canada Immigration makes a final decision on the renewal application – regardless of how long it takes.

While many applicants feel uncomfortable remaining in Canada with no official “ paperwork or document” beyond the expiry date, Regulation 183(5) is the law that saves them.

Further, it is important to not that if a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

But what happens if a person leaves or is required to leave Canada during the implied status period?

A temporary resident with implied status who has left Canada may be allowed to:

• re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt or on a multiple-entry visa.

Applicants cannot however resume work or study in Canada until their application for renewal has been granted.

It should be noted that this applies to foreign nationals who are TRV exempt and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt. In this case, their period of authorized stay is extended, pending a decision.

• apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the regulations.

Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE.

What are the different outcomes with implied status applications?

• If the extension is approved, the date of issue shown on the document represents the date a decision was made.
• If the extension is refused, the applicant is considered in status until the day the decision is made on their application. Applicants may be eligible for restoration of status.
• If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193