Implied status and work without a work permit clarified and redefined

Under the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, if a temporary resident applies for an extension of their work, study, or visitor status before the expiry of their current status, they are lawfully allowed to remain in Canada under the same conditions as their expired permit until a decision is made.

The term previously used for this extended status was 'implied status,' but it has long caused confusion amongst officers, applicants, and other third-party recipients, such as employers.

On April 8, 2021, IRCC extensively updated the instructions to clarify this period of extended status (formally, 'implied status') under the law as well as provide transparency around authorization to work without a work permit during the processing period of a work permit extension.

What is Maintained Status (previously implied status)

All temporary residents in Canada have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay. Despite this, a temporary resident may apply to extend their stay in Canada. If an applicant does this before the expiry of their temporary resident status, their authorized period of stay is extended by law until a decision is made. A person is considered to have legal status as a temporary resident during the processing period.

Note: temporary resident permit (TRPs) holders are considered temporary residents. However, when a TRP holder applies for a new TRP, they are not renewing their status but applying for a subsequent TRP. Therefore they do not maintain their temporary resident status during the processing period.

What you need to know to ensure you don't lose your temporary status in Canada:

1.      Date and time application is received by IRCC

In determining whether an applicant maintains their temporary residence status during the process, the application must be received by the appropriate processing office before the expiry of the current status.

For electronic applications, Coordinated Universal Time (UTC) is used. Therefore, receipt does not depend on time zones; all applications must be submitted before midnight UTC (8.00 p.m. EST) on the date the applicant's status expires.

For paper applications, the date received is the date the application is physically received and stamped at the Case Processing Centre. If the date it is physically received is after the expiry date of the applicant's status, the officer will backdate the received date by seven days to account for any mail delivery delays.

If the temporary resident is applying to renew their work or study permit before the expiry of their existing permit and their existing permit expires before a decision is made on their extension, the IRPR authorizes them to work or study without a permit under the same conditions as their existing permit until a decision is made on their extension application. This only applies as long as they remain in Canada.

2.      Travel outside of Canada during the processing of an extension

Applicants that leave Canada during a period of maintained status may return to Canada and be permitted entry as a temporary resident pending a decision on their work or study permit extension application or apply for a new work or study permit at the port of entry if they are eligible under the law.

• Re-enter as a temporary resident

If an applicant has submitted an application for an extension on their work or study permit and is exempt from a temporary resident visa or holds a temporary resident visa, the border services officer will determine the period of authorized stay on entry to Canada.

The authorization to work and study without a permit while waiting for a decision of an extension ends when on departure from Canada. If a new study or work permit has not been issued prior to your return to Canada, you cannot resume work or study until the application for renewal has been granted.

Temporary residents from TRV-required countries whose authorized period has been extended under-maintained status, who are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are considered to be TRV exempt. If traveling anywhere other than the United States or St. Pierre and Miquelon, the are not TRV exempt.

•  Apply for a new work or study permit

Some applicants may be able to apply for a new work or study permit at the port of entry. You are eligible to apply for a work permit at the port of entry if you are exempt from the requirement to obtain a temporary resident visa and a study permit at the port of entry if you are a foreign national or a permanent resident of the United States, a person who has been lawfully admitted to the United States for permanent residence, or a resident of Greenland or St. Pierre and Miquelon.