If you’re wondering what exactly implied status in Canada means, then this article is the right read for you. With the implied status, a lot of facts come into picture for the concerned pupil’s status in the country. Read on to know more about what is implied status in Canada and all notions around it.
What Is Implied Status In Canada?
When a temporary resident of Canada, who could be a worker, a student or a visitor applies for an extension for their status before their current status expires, that person receives implied status. This means that you applied for the extension of your status, from inside Canada, as your current status comes close to an expiry. Untill the decision about the renewal status is made by the government officials, you will possess the implied status in Canada.
When you’re under implied status, you are allowed to carry out all activities allowed under your previous status which would have expired. If you are a student, you will be allowed to attend your university. If you’re a worker, you will be allowed to attend office and carry out your duties, and so on.
Implied status in Canada is also synonymous with saying that you’re living in Canada legally. Although, even with your implied status, you will not have any documentation stating that you are allowed in the country. Yes, even though you’re physically in the country and the document showing your status had expired, you will not be recognized as ‘legal’ by possessing a specific document. The only way prove your legal status when you extend your stay is with proof that includes your previous status and the proof of timely submission of your application for renewing your status. You will get an online submission letter that will help prove your case if ever needed.
If you’re confused about what a status document is, it is either:
- Work Permit
- Temporary Resident Permit
- Study Permit
- Visitor Permit
Can You Work On Implied Status In Canada?
According to section 186 of the Immigration and Refugee Protection Regulations:
–No Permit Required
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;
which means that if an employee has an open work permit, they can continue to work under the same circumstances, rules and regulations that they were following before their status expires. They can also start working under a new employer but if an employee possesses the LMIA-specific work permit, they will not be eligible to work under a new employer and have to continue with their previous job.
Can I Travel Outside Canada On Implied Status
Let’s discuss how traveling outside the country would affect different people:
- Workers: If you leave Canada under your implied status, once you return to the country, you will not be allowed to work until your status is renewed.
- Student: Same goes for students, if you leave the country under the implied status, you will not be allowed to resume your studies until your status is renewed. The only exception to this is if you are a minor studying at the primary or secondary level.
- Visitor: If you are a visitor and you leave under the implied status, you will re-enter the country as a visitor with a new timeline (subject to the discretion of the officer at the port of entry).
Can I Apply For PR Under The Implied Status?
You can apply for your permanent residency under your implied status under any PR stream. Since implied status in Canada is legal, you can easily apply for your permanent resident status while waiting for your status to be renewed. However, if your status has been refused or returned there are a few PR streams that allow you to apply for PR while not holding a legal status in Canada, such as a Spouse or Common-Law Partner.
If you are looking to extend or renew your implied status Canada, lawyers at Chaudhary Law Office can provide you with the right information and make your case stronger for the same. Get in touch with us today to know more and get started on your application.
