| IRCC replaced “implied status” with “maintained status” on April 8, 2021. |
Many people who are in Canada are temporary residents. They mainly fall into three groups of visitors, international students and foreign workers. If you want to know more about these options, read the following article:
- Temporary Resident Canada: Opportunities and Restrictions
Maintained (Implied) Status for Visitors
You may usually stay for up to six months [practioners see R183(2)]. Of course, this is subject to the decision of a border or immigration officer. Regardless, you may request an extension of your stay before it expires. Imagine you make such a request, but they do not reply before your stay expiry. Let me give you an example:
- You enter Canada on August 1.
- The border officer grants you a six-month stay in Canada. In other words, you need to leave Canada by the end of January next year.
- You file for an extension of the stay in the middle of January.
- It is now February, and you have not received any response from the immigration authorities.
The previous example and similar situations lead to implied status. Consequently, implied status means you applied for an extension or change of your status in Canada before the expiry date of your stay. However, the officer has not decided on your application despite passing your original request’s expiry date.
If you are a visitor and you have implied status in Canada, your status remains as a visitor until you receive the decision from the officer [practitioners see R183(5)]. You may not work or study in Canada unless your work or study is possible without a permit.
Can I leave and re-enter Canada with an implied status as a visitor?
If you have implied status, you may, of course, leave Canada at any time. Nonetheless, if you want to re-enter Canada, you need to be from a visa-exempt country or hold a valid TRV. When you re-enter Canada, you are still a visitor and cannot work or study in Canada unless your work or study is exempt from a permit.
Can I apply for a work permit or study permit at a Port of Entry?
If you have implied status, you may apply for a work permit or study permit upon re-entry to Canada under one of the following circumstances:
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- TRV-required countries: You may apply for a work permit at a Port of Entry only if you solely visited St. Pierre and Miquelon or the United States. Nonetheless, you need to show documents to a Border Services Officer that proves you have implied status. For example, consider presenting the Submission Confirmation letter and the receipt of paying the processing fee [practitioners see R190(3)(f)(ii)]. You may read my article on flagpoling for more information.
- TRV-exempt countries: You may apply for a work permit at a Port of Entry regardless of the country you visited [practitioners see R198].
- The US Citizens, permanent residents of the US, residents of Greenland, and residents of St. Pierre and Miquelon: You may either apply for a study permit or work permit at a Port of Entry regardless of where you visited [practitioners see R214].
Maintained (Implied) Status for Foreign Workers
Let’s say you hold a valid work permit and then apply for a new one or a change of status before your work permit expiry. You hold an implied status in this situation, and you may continue working in Canada. However, you may only work under the conditions defined by your existing work permit. For example, you need to make sure to follow any restrictions imposed on the place of work or type of work [practitioners see R186(u)].
Can I leave and re-enter Canada with an implied status as a worker?
You may leave and re-enter Canada only if you hold a valid TRV or are exempt from a TRV. However, you may not work upon entry. You also need to prove to the Border Services Officer that you have enough financial resources to cover your Canada expenses.
Can I apply for a work permit at a Port of Entry?
Please see the answer to this question under the Implied Status for Visitors section.
Maintained (Implied Status) for International Students
If you are an international student and hold an implied status, you may continue studying in Canada [practitioners see R189]. However, you need to comply with all the conditions imposed on your studies in Canada.
Can I leave and re-enter Canada with an implied status as a student?
You may leave and re-enter Canada only if you hold a valid TRV or are exempt from a TRV. However, you may not study upon entry. You also need to prove to the Border Services Officer that you have enough financial resources to cover your Canada expenses.
Can I apply for a study permit at a Port of Entry?
Please see the answer to this question under the Implied Status for Visitors section.
Maintained (Implied) Status for Temporary Resident Permit (TRP) holders
If you hold a TRP and are currently in Canada, you may request a new TRP before the current TRP expiry. Of course, it is up to the immigration officers to approve the new TRP. However, while you are waiting for their decision, you hold an implied status if your current TRP expires according to subsection 183(5) of the IRPR. Regardless, do not attempt flagpoling for a TRP. Also, if you already hold a work permit, you may continue to work, but you need to include a new work permit application along with your new TRP application.
Expiry of a Maintained (Implied) Status
Your implied status expires on one of the following dates:
- When you leave Canada,
- if they reject your application because it is incomplete, or
- when an officer decides your extension request.
I have another article that explores losing a maintained status in more detail.
If the officer’s decision is unfavourable and your previous status is no longer valid, you have no status in Canada. Of course, both rejection and refusal of application are adverse decisions. Consequently, the officer will ask you to leave Canada immediately. In this situation, you either need to go to Canada as soon as possible or apply for restoration of status. You must apply for restoration of status in less than 90 days from the day you lose your status. Remember, a person who applies for restoration of status has no active or maintained status in Canada.
Consider reading the following article to explore your options for staying in Canada:
- Stay Beyond Six Months in Canada for eTA and TRV Holders and US Citizens.