Implied status in Canada is an immigration concept where individuals in specific situations who make a new immigration application can still hold a legal temporary status in the country. This legal temporary status is valid until a decision is made on their new application. Moreover, even if the existing permit expires during the processing, these individuals can still legally remain in the country. Still, as mentioned, this is only for specific circumstances.
If you make a new application even before your existing status expires, you will be considered to have an implied status. However, these are the situations that don’t provide implied status:
- When you’re applying for Restoration of Temporary Status
- When you’re applying for Permanent Resident in any category
- When you’re submitting an Express Entry Profile
- When you’re submitting an application for Provincial Nomination
- When you’re applying for a new type of Temporary Status through an overseas visa post
Are You Eligible for Implied Status?
As mentioned, not everybody is eligible for implied status. There are only specific circumstances when you can get one. For one, if you’re a study permit holder and you’re applying for an extension of your study permit, or you’re applying for a post-graduate work permit. Another thing is when you’re a student in the country who applies to change to a worker because you have an LMIA.
Implied status can also be applied to work permit holders. If you work in the country and you apply for an extension of your work permit due to passport validity, or you’re a worker who applies for a new LMIA based work permit.
Also, if you’re a worker in the country who applies for an open work permit attached to your spouse or common-law partnership sponsorship application. You can also have an implied status if you’re a worker and you apply for a study permit.
Visitors in Canada can also have an implied status if you apply for an extension of your stay or if you’re eligible for an inland open work permit. You can also get an implied status if you’re a visitor and you applied for an LMIA-based work permit, or you apply for a study permit in the country.
How It Works
The implied status is granted by operations of Canada’s immigration laws. CIC will not send you a document that confirms this specific status or tell you what you can or can’t do under this status. The only way to show that you have this specific status in the country is to keep a filed copy of your application with proof that it has been delivered to the immigration office.
People under implied status can continue to visit, work, or study as applicable and it will continue to exist even if you leave the country. However, if you leave the country and return under implied status, you can no longer work or study under the same conditions as your expired work or study permits. For this reason, it is not advised to travel outside the country while under implied status.
Getting implied status in Canada can be tricky, which is why you need to seek the help of an immigration consultant. With the help of an immigration expert, you will be able to make the right decisions and avoid mistakes that could delay your status in the country.
If you’re looking for professional help from a trusted firm, please contact us at firstname.lastname@example.org or call 1-888-404-8472.