Canada’s immigration system is comprehensive and generous at the same time. It allows foreign nationals the opportunity to come to Canada whether it be for business, work, study, or pleasure. However, Canada’s immigration is nuanced and thorough. This means that you must ensure that you are always in compliance with the Immigration Act and Regulations and with the conditions of the legal status you have been granted to enter Canada.

In this regard, you must always make sure that you have valid legal status in Canada. As a Temporary Resident, you must be aware of the validity of your Temporary Resident Visa. If your Visa is going to expire soon and you want to stay in Canada longer, you must take steps to extend the period of your authorized stay in Canada.

Implied Status

If you are a Temporary Resident in Canada and you want to extend your period of authorized stay in Canada, you must seek an extension of your Temporary Resident Visa before it expires. If you have extended your period of authorized stay in Canada before your initial Temporary Resident Visa expires, then your authorized stay as a Temporary Resident in Canada is extended by law until a decision is made on your extension request. You are then considered to have implied status as a Temporary Resident during this period.

If you, as a Temporary Resident, apply for a renewal of your Work or Study Permit and your Permit expires before a decision is made on your renewal, you have the right to continue working or studying under the same conditions as your Initial Work or Study Permit pending a determination on your application for renewal. But this only applies as long as you remain in Canada.

If you are a Temporary Resident with implied status and you left Canada:

  • You may be allowed to re-enter Canada as a Temporary Resident, pending a decision on the renewal of your application to study or work in Canada, provided that you are Temporary Resident Visa Exempt under the Regulations or you are on a Multiple-Entry Visa. You may not resume your work or study in Canada until your application for renewal has been granted. If you are not able to resume work, you must satisfy the immigration officer that you have sufficient means of support.
  • You may be allowed to new Work or Study Permit at the Port-of-Entry provided that you have a right to do so under the Regulations.

Therefore, having implied status is a delicate thing. You must ensure that you are complying with all aspects of your Temporary Resident Visa, and the Regulations as you away a decision on your renewal application.

At Akrami & Associates, our team of legal professionals has the skills, expertise and knowledge to ensure that you have a strong renewal application and we will ensure that you are complying with all aspects of the Regulations. We will be with you every step of the way.

Shabnam Akrami

Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates. p> Prior to receiving her Paralegal Diploma with Honours, she completed her Law Degree from the UK at the University of London as well as completed a Post Graduate Diploma. In addition, she has also graduated from York University where she received both her Bachelor in Criminology and Masters in Socio-Legal Studies. She is also a Member in good standing with Law Society of Upper Canada. Prior to opening her own firm, she gained extensive experience in corporate immigration law; specializing in work permits, temporary resident permits and rehabilitation cases. She has in depth and hands on experience in all Canadian Immigration and Citizenship matters. These matters include preparation and submission of applications for permanent residence, work permits, NAFTA applications, labour market opinions, temporary resident permits, sponsorships, and business investors. Shabnam is dedicated to all her clients and committed to the successful completion of all the immigration matters in her care. With Shabnam, there is always a way!

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