What is implied status in Canada?

Implied status is an immigration concept whereby individuals, in certain situations, who make a new immigration application can continue to hold legal temporary status in Canada until a decision is made on their new application, even if their current permit expires during processing.  Implied status is provided in specific circumstances only, and those who make a mistake with this end up illegally in Canada and subject to various penalties.

I recently met with a lovely European couple who wanted my help preparing their application for Permanent Residence, as they had just received an invitation to apply under Express Entry.   Shortly into our conversation, we were all horrified to discover that they were actually in Canada illegally at the time.  Instead of a thorough discussion of the ins and outs of an Express Entry application, we ended up discussing how they needed to stop working immediately and make plans to leave the country as soon as possible.  It was not a fun discussion to hold, as they had set up house, had good jobs, a decent car and were actively planning to stay in Canada forever.

These were well read, organized and intelligent folks who had done a lot of research online and thought they had taken care of their situation properly.  The problem – their work permits expired and they assumed that because they were in the Express Entry pool, they had implied status.  They had discussed the situation with their workplaces, and even called Alberta Health Care for an extension of coverage – which was granted in error.  They were certain that everything was just fine, until that fateful hour in my office when their world came crashing down around them.

Misconceptions about implied status are prevalent, and mistakes are incredibly costly.  Let’s dig into the important details so that you don’t find yourself in a similarly devastating situation.

What is implied status?

Implied status is an immigration concept enacted when an individual with temporary status in Canada makes a new application to extend their temporary status.  If you make a new application before your existing status expires, you are considered to have implied status until a decision is made on your new application.  Implied status means that you continue to have legal temporary status in Canada, even though you don’t have a permit to show that.

These situations DO NOT provide implied status:

  • Applying for Restoration of Temporary Status
  • Applying for Permanent Residence in any category
  • Submitting an Express Entry Profile
  • Submitting an application for Provincial Nomination
  • Applying for a new type of Temporary Status through an overseas visa post

Some examples of achieving Implied Status, or not:

For study permit holders

  • A student in Canada applying for an extension of their study permit – can continue studying
  • A student in Canada applying for a post grad work permit – can start working
  • A student in Canada who applies to change to a worker because they have an LMIA – needs to stop studying when the study permit expires and cannot work until the work permit is issued, but continues to have legal temporary status to remain in Canada

For work permit holders

  • A worker in Canada who applies for an extension to their work permit because of their passport validity – can continue working
  • A worker in Canada who applies for a new LMIA based work permit – can continue working
  • A worker in Canada who applies for an open work permit attached to their spouse or common law partnership sponsorship application – can continue working
  • A worker in Canada who applies for a study permit – needs to stop working when the work permit expires, and wait to start studying until the study permit is issued, but continues to have legal temporary status to remain in Canada

For visitors

  • A visitor in Canada who applies to extend their stay as a visitor – has implied status to remain inside Canada
  • A visitor in Canada who is eligible for, and applies for an inland open work permit – has implied status to remain inside Canada
  • A visitor in Canada who applies for an LMIA based work permit – does not have implied status and needs to also extend their stay as a visitor in Canada
  • A visitor in Canada who applies for a study permit – does not have implied status and needs to also extend their stay as a visitor in Canada

Implied status when an application is returned as incomplete

If you submit a new application for temporary status before your current permit expires, but that application is returned to you as incomplete after your current permit has already expired, you lose implied status as of the date your application is returned.  You will need to apply for restoration of your status and stop studying or working until a new permit is issued to you.

Implied status is ONLY for inland applications, NOT overseas applications

It’s important to remember that implied status is only granted for temporary applications that will be processed inside Canada.  It’s a bit confusing, because it is also possible to be inside Canada and apply for a new temporary status that will be processed through an overseas visa post – and those applications do not provide implied status.

In terms of online applications, if you are completing an application for Temporary Residence that falls under the “Stay in Canada Longer – Change conditions or extend your stay” category then you will gain implied temporary status from the time that your current status expires until the time that you receive a decision on your new application.

If you are completing an application for Temporary Residence that falls under the “Come to Canada Temporarily – Visit, Study or Work in Canada”, then you will not gain implied temporary status because these applications are processed at a visa office that is outside of Canada.

Travelling with implied status

Travelling outside of Canada is not recommended when you have implied status. In most cases, if you leave Canada while you have implied status, and return before your new application has been processed, then you will lose the right to work or study while waiting.  Going to the land border to flagpole while under implied status can also cause a lot of problems, particularly if you don’t know what documents to compile in order to prove that you do indeed have legal status in Canada.  You can quickly find yourself in trouble with CBSA because they assume that you have overstayed inside Canada.

How to Prove Implied Status

No document is issued in order to prove implied status, so your own recordkeeping is paramount to ensure that you don’t get accused of being illegally in Canada.  To be able to prove that you have legal immigration status in Canada while you are under implied status, you should ensure that you compile the following documents:

  • copy of the application to change terms and conditions as a worker, student or visitor
  • copy of the fees paid receipt
  • copy of your expired permit
  • copy of the proof of mailing receipt (date stamped) to show your new application was made prior to your old permit expiring
  • copy of the proof of delivery receipt to show your application is with IRCC

Implied Status and Other Benefits

Each of the Provinces handles implied status differently, with the two major concerns being health care coverage and driving privileges.  In Alberta, if you call Alberta Health Care before your current permit expires and advise them that you have applied for a new permit and will have implied status,  you will receive a 90-day extension to your Alberta Health Care coverage.  However, driver’s licenses in Alberta are not renewed on the basis of implied status.  If your driver’s license will expire in conjunction with your immigration permit, then you will not be able to get a new driver’s license until your new immigration permit has been issued.  It’s important to plan ahead on these matters when considering the timing of your immigration applications.

Implied Status and Canadian Work Experience

The time that you spend working in Canada with implied status is eligible to be considered under the Canadian Experience Class and is also eligible as Canadian Work Experience for your CRS points calculation in Express Entry.  You will need to provide proof that you had implied status with any application for Permanent Residence that includes time spent in Canada without an actual permit.

Special notes about implied status and Working Holiday visa holders

There is a significant amount of discussion online about working holiday visa holders and implied status, and unfortunately much of the online information is incorrect.   If you hold an IEC work permit (Working Holiday, International Co-op or Young Professionals), you CAN benefit from implied status in certain situations if your application is handled correctly.  These are the most common scenarios:

A) Your Working Holiday Permit is set to expire and you have a new IEC Permit (working holiday, Int’l Co-op or Young Professional) in process – you do not have implied status.  Your options are:

  1. Leave Canada when your working holiday permit expires and return when the new permit is approved.
  2. Apply for an extension as a visitor before your working holiday permit expires, stop working when work permit expires and flagpole when the new IEC permit is approved.

B) Your Working Holiday Permit is set to expire and you have applied for Permanent Residence as the spouse or common law partner of a Canadian and included an application for an open work permit with your PR application – you do have implied status if your application for PR is accepted as complete.

Implied status – you need to get this right!

It’s apparent from this very basic discussion of implied status that it is a complicated topic.  Making a mistake on this issue can drastically affect your future plans for life in Canada – so you need to get it right!  The best option is always to consult with a professional to be certain that you understand your own situation correctly.  At The Way Immigration, we deal with implied status on a daily basis and we would be happy to help you understand where you fit within this complicated picture.  Together we can ensure that your future in Canada is as happy and secure as you are planning it to be!

 

FRAN WIPF, A REGULATED CANADIAN IMMIGRATION CONSULTANT

Fran Wipf is an expert in Canadian immigration matters. She was licensed as an immigration consultant in 2008, and since that time, she has assisted thousands of individuals, families and businesses to find Canadian immigration success. You can learn more about Fran, and the services she offers, at www.thewayimmigration.ca

OTHER IMMIGRATION TIPS

Discover more articles and tips like this

Would you like to see something specific?

VIEW ALL
All Immigration Tips
Self Employed work experience

Self-employed work experience for immigration

A working holiday visa in Canada is completely open, which gives you a lot of freedom in terms of when, where and what kind of work to do. But like anything in life, just because something is possible, it doesn’t necessarily mean it’s a good idea! There is a lot to consider before deciding that self-employment is the best option for your time spent working in Canada. Read on to ensure that you understand the immigration limitations of working as self-employed using your working holiday permit.
READ ARTICLE
Visitor visa or super visa to Canada

Super Visa or Visitor’s Visa – How to Decide

Living in Canada is great, but it can be difficult when you have left your loved ones back home. Having your parents or grandparents travel to Canada to spend time with your family provides so many benefits both to you and to them. The process of applying for their visas can be confusing and it’s important that you make the right choices, because refusals can be difficult to overcome. This post explains the different types of temporary visas available to parents and grandparents and describes the circumstances when each type of visa is appropriate.
READ ARTICLE
Canadian Family

Top Tips for Super Visa Applications

One of the most difficult things about immigrating to another country is the separation from friends and family in your home country. It’s exciting to think about having your parents or grandparents join you in Canada for an extended period of time, and a properly prepared Super Visa application can make that possible. In this article, we provide our best tips to help you maximize the benefit that your family will obtain from the Super Visa process.
READ ARTICLE
Travel without a valid PR card in Canada

How to Travel Without a Valid PR Card

Once you become a Permanent Resident of Canada, you will need a valid PR card in order to board a commercial airline, train or bus that is travelling to Canada. However, sometimes life happens, and you find that you need to travel outside of Canada even though you don’t have a valid PR card in order to return. There are a couple of ways that you can make this work if you are willing to try some unconventional approaches to taking your trip. This post explores your options to return to Canada, even without a valid PR card.
READ ARTICLE
Share via
Copy link
Powered by Social Snap