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Implied Status in Canada: Know in Details

October 21, 2021BY Immigrationincanada

Implied status is an immigration facility in Canada that legalizes your extended stay in Canada. You have to be well informed and accurate to apply for an implied status in Canada.

Usually, you have a very short time to apply for that. If you don’t have enough legal knowledge on this matter, it’s recommended to contact one of our experienced immigration lawyers right away.

In this article, you can learn about each crucial detail related to imp-led status in Canada.

On this page, you can know about:

  • What is implied status?
  • Who can apply for the implied status?
  • When are you eligible to apply for maintained status?
  • Going outside of Canadian territory
  • What is a period of authorized stay?
  • What happens when my application is refused?
  • Application withdrawn
  • Application rejected
  • How to apply for an implied status

So read carefully till the end without skipping.

What is implied status?

Implied status refers to your legitimacy to stay in Canada till you get the final decision on your request to renew your temporary immigration permit. According to IRPR (Immigration and Refugee Protection Regulation), any foreign national allowed to enter Canada is entitled to temporary resident status. And you, as a foreign national, should leave Canada before the validity of the permit expires.

You will face numerous legal consequences if you stay without any valid permit. However, you can apply to extend or renew your temporary resident status.

If applied properly following immigration rules, you can reside in Canada without breaking immigration law until the authority decides on your application.

Note: this process was previously called implied status. Now the immigration authority refers to it as maintained status during processing time.

Who can apply for the implied status?

There are various classifications available for an immigrant. Immigrants of a certain type are allowed to apply for implied/maintained status.

Below is a list of immigrants who are usually considered eligible to apply for implied status in Canada.

  • A student with a study permit
  • A student for the post-study work permit
  • A student aiming to switch from a study permit to a work permit
  • A worker to extend the work permit
  • A worker with a permit for a new LMIA based work permit
  • A worker to start study with study permit *
  • A visitor to extend the duration of stay

*A work has to refrain from working on switching to a study permit. Then you can start study once the study permit is granted.

When are you eligible to apply for maintained status?

You are eligible to apply for maintained/implied status in Canada till you have a valid temporary resident permit. Eligibility criteria to apply for maintained status is simple and short. But you have to comprehend them precisely.

Below is the simplest description of eligibility criteria to apply for implied/maintained status:

  • You have a valid temporary resident status
  • You have a minimum of 30 days before it expires
  • You are staying inside Canada during the application

You are not eligible to apply for implied status in Canada with permanent residency status. If you still have any confusion about your eligibility to apply, you should consult a lawyer.

Time and date of the application

Your application time and date play a vital role in verifying if your status is implied (under subsection R183(5)). You can submit your application either electronically or through paper.

For electronic submission, you have to submit the application before midnight UTC (Coordinated Universal Time). If the authority receives your application after midnight, then it will be considered as not maintained status.

Therefore, you should apply in advance, keeping enough time in hand. Don’t wait for the last moment to apply.

On the other hand, your paper application is stamped on the date received at the Case Processing Centre. The authority would backdate your application 7 days if it was received after the deadline due to mail delivery delay.

Note: for certain cases, it is compulsory to submit the application electronically.

Going outside of Canadian territory

The general rule is that you should not leave Canadian territory while the decision for your maintained status is pending. You are also advised to refrain from traveling to border and Canadian ports of entry while you are on an implied status.

If you travel outside Canada with an extension of implied status, you will be examined for re-entry. The border officer may be allowed to you or not.

Re-entry as a temporary resident in Canada

You may be allowed re-entry in Canada while your extension decision for temporary status is pending. You will be exempt if you have a multiple entry visa. The border officer determines your period of authorized stay upon entry.

Hence, check on this matter prior to your travel.

Application for new work or study permit

If you are trying to access entry in Canada with a study permit after traveling to Canada with implied status, you may be allowed to re-apply at the port of entry. The border officer inspects cases of an individual with a study permit a bit differently.

However, you still have to pay for the fees of a fresh application and supporting documents.

What is a period of authorized stay?

You will get a period of authorized stay if your application is approved. A period of stay is equally strong as a new permit.

On your re-entry, the border authority may apply a different period of authorized stay. The validity will be counted for the longer one.

What happens when my application is refused?

If the final decision of your application is refused, you will not be stripped of your implied status right away. You will have a restoration time of 90 days starting from your refusal day. That means you have a span of 90-day to submit a new application. You can also leave Canada without being accused.

Application withdrawn

You can withdraw your application too. There will no longer be a pending application. That means your period of authorized stay is over on the day of application withdrawal. Therefore, you have to leave Canada as soon as possible.

Application rejected

Sometimes your application might be rejected. The main reason for extension application rejection is the submission of an incomplete application. You should not submit an incomplete application.

How to apply for an implied status

To have a maintained status in Canada, you have to follow the below steps:

  • You must be within Canada
  • You should fill the application completely.
  • You have to submit the application before the deadline.

Closing Notes

Many temporary immigrants have a misleading idea about implied status. Without proper and clear ideas on the implied status, you may end up in serious trouble. Some legal instructions may be difficult for you to understand. Therefore, it is logical to take legal assistance for successful implied status.

Frequently Asked Questions

Below is the list of frequently asked questions for implied/maintained status. Read them to know your matching queries.

Can I continue to study with implied status?

Yes, you can study until the delivery of the final decision on your application.

Can I travel outside Canada with maintained status?

You can leave Canada with implied status. But you may not be allowed re-entry until the final decision of the extension application.

How long can I be on implied status?

Usually, you may get a maximum of six months to stay inside Canada on implied status.

How many times can I extend my temporary status?

There is a specific limit on how many times you can apply for an extension of temporary status. You can apply as long as you meet the renewal conditions.

How long does it take to extend a work permit?

If you have applied electronically, it may take from 3 to 8 weeks to complete the process. On the other hand, your paper application through mail takes 10 to 12 weeks.

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