What is implied status?

What is implied status?

Under the Immigration and Refugee Protection Regulations (IRPR), 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.

For example, if you are currently working in Canada, and your work permit is about to expire, submitting an application to extend your stay as a worker, before the expiry listed on your current work permit will give you implied status. This means you can continue to remain and work in Canada until a decision is made on your work permit extension.

If you leave Canada while on implied status, you cannot resume work or study until your extension has been granted.

Frequently Asked Questions

What happens if my extension is refused?

If you were on implied status and your application has been refused, you will no longer have any status; you will be out of status.

To rectify your status, you should determine if you are eligible to apply for restoration of your status. A restoration of status application must be submitted within 90 days of losing status in Canada.

I was on a study permit, and submitted a work permit before my expiry, does this mean I can start work?

In most cases, no. You cannot apply for a different permit and benefit from the conditions of the new permit while you are awaiting a decision. A few examples:

• You have applied for a new work permit with a different employer – you must stop work when your previous status expires.

• You have applied for a new study permit for a different school- you must stop studying when your previous permit expires.

An exception to this rule is applying for a post-graduate work permit (“PGWP”). If you have submitted an application for a PGWP and held a valid study permit at the time of submission, were eligible to work off-campus without a permit, and did not work off-campus more than 20 hours per week during academic sessions, you may work while waiting for the decision on your PGWP. Click here to read more information on PGWPs.

Can I use work experience gained while on implied status in my express entry application?

Yes, you can as long as you continue to work under the same conditions as your previous work permit.

This also includes if you have applied for your PGWP and meet the conditions to start working on submission of the application. Your work experience is authorized from the date you submitted your PGWP application and can count towards your one-year requirement under Canadian Experience Class.

Can I change employers while I am on implied status?

In most cases, no. However, if you have an open work permit, and have submitted an extension for a new open work permit, you could change employers and continue to work under implied status until a decision is made.

How do I prove implied status?

Showing you have submitted an extension of your status before your expiry should satisfy as evidence of your implied status. You will need a copy of your Acknowledge of Receipt, and your previous permit to do this.

If your application is approved, there will generally be a remark on the new permit, “Temporary Resident Status maintained as per R183(6)". R183(6) in short establishes you retained your status by extending it before the expiry date of your previous permit. This explains the gap in your status documents.