How does implied status work in Canada?
Extending a Stay in Canada
A person has implied status as a temporary resident when they apply to extend their status before their current status ends. Immigration Canada states that implied status occurs when a temporary resident’s stay is extended by law until a decision is made. In other words, if your work permit expired but you applied to extend your stay before the expiration date, you can stay in Canada and continue working until a decision has been made on your application.
So, who benefits from implied status? All temporary residents (i.e. students, workers, and visitors) can benefit from implied status. This means that in most cases, temporary residents do not need to leave Canada to apply for an extension of their status as long as they submit the application before their current status expires.
In most cases, if you want to change the conditions of your status (e.g. switching from a visitor visa to a work permit or a study), you must apply from outside of Canada. If, however, you want to go from a student to a worker and you apply for a Post-Graduate Work Permit, you are covered under implied status. If you are not eligible for the Post-Graduate Work Permit, but you apply for a work permit as a student, you will be granted implied status but you cannot work until you are granted a work permit.
Implied Status Work Permit
Can I still work if my work permit expires?
Yes, as long as you apply to extend your work permit before or on the date of expiration, you have implied status. So, you will keep the same status as your original permit until there is a decision made on your application.
Can you change jobs on implied status?
It’s important to note that with implied status, you can continue performing the activities you were previously performing on your work permit, study permit, or visitor visa. For example, if you were working as a server at a restaurant on your work permit, you can continue working in your position until a decision has been made regarding your application.
You must continue to meet the conditions of your previous permit. So, if your previous work permit was employer or job-specific, you must continue to work for that employer or in that job.
Implied Status International Experience Canada Class (Working Holiday Visas & Young Professionals)
Unfortunately, you cannot benefit from implied status under the Working Holiday Visa or the Young Professionals category in the International Experience Canada program. Rather, you would likely need to leave the country and re-enter. Alternatively, you could apply to stay in Canada as a Visitor, in which case you would be granted implied status.
An exception to this rule exists for those who come to Canada on an IEC program, such as the Working Holiday Visa and find a job and an employer willing to complete a Labour Market Impact Assessment for them. In this case, you can benefit from implied status while the Work Permit application and LMIA are being processed.
Bridging Open Work Permit Implied Status
If you are in Canada on a work permit and you submit a Permanent Residency application that has been approved in principle, you can get a Bridging Open Work Permit. The Bridging Open Work Permit is for people whose work permit is expiring; so, you can bridge that previous work permit until your PR application is approved. This will allow you to stay in Canada and continue working until to have been granted Permanent Resident status.
How long is implied status in Canada?
Implied status lasts until a decision is made on the application. Processing time will vary by application.
Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.
We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.