Certain Circumstances that can lead to Implied Status
There are several different circumstances that can lead to implied status in Canada. Many individuals are unfamiliar with what implied status is or what it does. A specific circumstance that often results in implied status is when a foreign national has a permit or visa in Canada that is about to expire but they apply to extend their stay. When they extend their stay and are waiting for a decision to be made on their application, their status will be implied and they will be able to remain in Canada. For further information about implied status, I will explain, in this article, what implied status is, whether you can continue your authorized activities in Canada, and much more important information pertaining to implied status.
What is Implied Status
Implied status is defined as a foreign national being allowed to remain in Canada, even if their previous permit or visa has expired. This is permitted because they are awaiting the decision of a new application or an application to extend their stay. The foreign national, as well as any of their family members, may continue residing in Canada under the same conditions set out in their expired permit or visa until they receive a decision on their new application. The permits and visas that this often applies to are work permits, study permits and/or visitor visas.
It is important to note that one does not have to apply for implied status. They will gain implied status when applying for an extension or a new application. Therefore, the implied status is automatically obtained once they submit the new application, even though their current permit or visa has expired. Once they have received a decision on their new application, their implied status will expire.
Can you Continue Working while on Implied Status
Whether a foreign national can continue working on implied status entirely depends on whether they will be working for the same employer. For instance, if a foreign national has applied for a work permit extension before their previous work permit has expired and, in addition, they will be working for the same employer, then they will still be able to work for that same employer on implied status. In contrast, if the foreign national has applied for a work permit extension for a different employer, then they must stop working entirely until Immigration has made a decision on their new application. It is extremely vital for your status in Canada that you abide by these rules because if you do not, you may be requested to leave Canada entirely.
Can you Continue Studying while on Implied Status
Whether a foreign national can continue studying on implied status entirely depends on whether they will be studying for the same institution. This is very similar to the previous work permit scenario. As long as the foreign national has applied for an extension prior to their study permit expiring and will continue studying at the same educational institution, they will be on implied status and may continue studying. On the other hand, if the foreign national has applied for a study permit extension for a different educational institution, then they must stop studying entirely until Immigration has made a decision on their new application. As previously mentioned, it is essential for your authorized status in Canada that you abide by these requirements because if you do not, you may be requested to leave Canada.
Documents that can prove my Implied Status
The most important document to keep and provide to Immigration, if requested, is the evidence that the application for an extension of a permit or visa was submitted. If you have this document, this will prove your implied status. If you, by any chance, need to leave the country and you are currently on implied status, it is essential that you carry the proof of the submission of the application. If you do not have this documentation, you may not be permitted re-entry into Canada.
Refusal of an Application
You may wonder what happens if your new application is refused; would you still have implied status? Unfortunately, no, you would not. If the application is refused while the foreign national is on implied status, then the foreign national would then be out of authorized status in Canada. However, depending on the specific circumstance, the foreign national may be able to apply for a restoration of status. It is important to take a look at your refusal letter to see if a restoration of status is available.
An important note to consider is the gaps in between your current permit or visa and the new permit or visa. Because you applied for an extension before the expiration of your current permit or visa, you may have expired status before receiving your new permit or visa. This is to be expected, especially if you were on implied status. The new permit or visa will indicate that the permit or visa holder maintained their authorized status in Canada until the new permit or visa was issued. This essentially successfully explains the gaps in the dates.
Contact Akrami & Associates
If you would like to apply for an extension of a permit or visa before your current permit or visa expires, it is important to take all of the aforementioned information into consideration before applying. Immigration applications are difficult to pursue on your own, especially if you are unfamiliar; it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients apply for an extension of their permit or visa in order to remain in Canada. If you believe that you may be eligible to apply, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!