Implied Status: What It Means for Visitors, Students, and Workers

Understanding Canada’s immigration rules can be tricky, especially when it comes to maintaining legal status as a temporary resident. If you’re a visitor, student, or worker and you’ve applied for an extension to stay in Canada, there’s a crucial grace period that might allow you to remain in the country while your application is being processed. This period, known as implied status, is an important concept that helps prevent any gaps in your legal status.

What Exactly is Implied Status?

Implied status allows you to stay in Canada under the same conditions as your original permit while your extension application is reviewed. For example, if you’re a worker waiting for a decision on a work permit extension, you can continue working for the same employer until a decision is made. Even if your original permit expires during this period, your stay remains legal as long as the government hasn’t yet decided on your application.

How to Apply for an Extension: Key Considerations

If you want to maintain uninterrupted status, it’s important to apply for an extension at least 30 days before your permit expires. While it’s ideal to apply ahead of time, even applying the day before expiration can still grant you implied status. Once you’ve applied, you are legally allowed to stay in Canada and continue with your activities—whether it’s work, study, or simply staying as a visitor—under the same terms as your original permit.

Here’s how implied status works for different types of temporary residents:

• Workers: You can continue working for the same employer as your original work permit allows.
• Students: You can keep studying under the conditions of your study permit.
• Visitors: You can stay in Canada, but you must avoid activities that require a work or study permit.

However, if you’re looking to change jobs or switch from work to a study permit, you’ll need to apply for the appropriate permit for those activities.

Travelling Outside Canada with Implied Status

Implied status only works while you remain in Canada. If you leave the country during the period your application is being reviewed, you risk losing the benefits of implied status. When you return, you may only be allowed to re-enter as a visitor and cannot continue working or studying until your application is approved.

If you do need to travel, make sure you carry documentation showing that you’ve applied for an extension. While you can leave Canada with implied status, re-entering may limit what you’re allowed to do—so it's important to understand the possible restrictions.

What Happens if Your Extension is Approved, Refused, or Withdrawn?

The outcome of your extension application will determine how long you’re allowed to stay in Canada:

• Approved: If your application is approved, the new permit will specify how long you can stay in Canada.
• Refused: If your extension is refused, you’re granted 90 days to restore your status.
• Withdrawn: If you withdraw your extension application, your authorized stay ends on the withdrawal date.
• Rejected: If your application is incomplete or doesn’t meet the necessary criteria, it may be rejected, and your status won’t be extended.

Implied Status and Permanent Residency Applicants

If you’re hoping to transition from temporary to permanent residency, implied status can be reassuring. The time you spend under implied status is considered continuous legal residence, which won’t affect your permanent residency application.

Tips for Maintaining Implied Status

• Submit applications early: Aim to apply for extensions at least 30 days before your current permit expires.
• Monitor your application: Stay updated on your application status and keep necessary documentation ready.
• Avoid unauthorized activities: Make sure you’re not working for a different employer or engaging in unauthorized study.
• Be cautious when travelling: Understand the potential limitations if you leave Canada during this period.

Implied status is an essential tool for temporary residents in Canada, offering legal assurance while awaiting extension decisions. Understanding how it works, especially regarding travel and re-entry, helps prevent disruptions in your stay.