Navigating Canada's immigration landscape requires a clear understanding of various statuses and permits. One such critical concept is Implied Status, now officially termed Maintained Status. This guide delves deep into what implied status entails, its implications for temporary residents, and how it affects those awaiting permanent residency decisions.
What is Implied Status in Canada?
Implied Status refers to the legal right of temporary residents, such as workers, students, or visitors, to remain in Canada under the same conditions of their expired permit while awaiting a decision on a submitted extension application. This status is automatically granted if the application is submitted before the current permit expires.
Eligibility Criteria for Implied Status
To benefit from implied status:
- Timely Application: Apply to extend your stay before your current permit expires.
- Stay Within Canada: Remain in Canada while awaiting the decision. Leaving the country may forfeit your implied status rights.
- Same Conditions: Continue under the same conditions as your original permit (e.g., same employer for work permits).
Duration of Implied Status
Implied status remains valid until Immigration, Refugees and Citizenship Canada (IRCC) decides on your extension application. During this period, you can legally stay in Canada and continue your activities under the original permit's conditions.
Implied Status While Awaiting Permanent Residency
Applying for permanent residency (PR) does not automatically grant implied status. To maintain legal status while awaiting PR decisions:
- Maintain Temporary Status: Ensure your temporary resident status (work, study, or visitor) remains valid.
- Apply for Extensions: If your temporary permit is nearing expiration, apply for an extension to avoid falling out of status.
Rights and Limitations Under Implied Status
| Aspect | Rights Under Implied Status |
| Work Permit Holders | Continue working under the same employer and conditions as the original permit. |
| Study Permit Holders | Continue studying at the same institution under the same conditions. |
| Visitors | Remain in Canada but cannot work or study. |
| Travel Outside Canada | Leaving Canada may result in loss of implied status. Re-entry does not guarantee resumption of work or study rights until a new permit is issued. |
Applying for Restoration of Status
If you lose your implied status (e.g., by leaving Canada or if your extension application is refused), you may apply for a Restoration of Status within 90 days. During this period:
- No Work or Study: You cannot work or study until your status is restored.
- Stay in Canada: You must remain in Canada while processing your restoration application.
Conclusion
Understanding and maintaining implied status is crucial for temporary residents in Canada, especially those awaiting permanent residency decisions. Ensure timely applications, remain within Canada, and adhere to the conditions of your original permit to stay compliant with immigration regulations.