What is "Implied Status" in Canadian Immigration Law?
The term "Implied Status" can be confusing for some applicants as there are several circumstances that can lead to this status. If we had to put in simpler terms, we would say that implied status means you have a valid status while you are waiting for a decision to be made.
The most common situation is someone who has an expired study or work permit but has already applied for another valid permit and is only waiting to hear back from Immigration Canada. However, the worse situation would be for an applicant to believe that he/she is under implied status when they are not, which means the person is overstaying and can lead to severe consequences.
What is Implied Status?
Implied status is a situation where a foreign national is allowed to stay in Canada even if their previous visa or permit has already expired. The person is only allowed to stay on "implied status" because they have already submitted an application to extend their stay or a new application and they are simply waiting for a decision to be made on this application.
You do not have to apply to get implied status, it is automatically obtained as soon as you submit the new application.
How do I prove that I have "implied status"?
There is no paper or document that will indicate that you have implied status. The best practice to prove that you have legal status in Canada is to keep a copy of your previous permit or visa and a proof that you have submitted a new application before the expiry of the previous status.
Can I continue working on "implied status"?
Short answer: it depends if you stay in the same job.
If you applied for an extension of your work permit, you can continue working while you are on implied status if you keep working for the same employer. If you applied for a work permit extension with a different employer, you are not legally allowed to work on implied status because your previous work permit is linked to your old employer.
If you are student working 20 hours a week (maximum allowed for study permits) and you are applying for a post-graduate work permit, you may work full-time after you have submitted your application for a post-graduate work permit. This is because you are considered to be in "implied status" while waiting for a decision.
Can I continue studying on "implied status"?
Short answer: it depends if you study in the same school
If you applied for a study permit extension before the expiry of your current study permit and you are waiting for a decision to be made, you are considered under "implied status" and you may only continue studying if it is in the same educational institution. Quebec students must also remember to renew their Certificat d'Acceptation du Québec (CAQ).
Where can I find "Implied Status" in the law?
Implied status for work permits is regulated in the Immigration and Refugee Protection Act (IRPA) under section 186 (u) :
186: A foreign national may work in Canada without a work permit:
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;
and for study permits, under section 189:
189: A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.