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implicitus status


Temporary residents (tourists, students and workers) are aware that they have to maintain their immigration status in Canada and must apply to stay in Canada before their permit (work or study permit) or visitor status expires or entry stamp.

Many people are unclear on what is next or what they are allowed to do after they have submitted their application to extend their stay, as they do not possess a valid immigration document (study permit, work permit or valid visitor stay). ) to confirm their status in Canada and what rights they have while waiting for the IRCC’s response. Anyone applying to extend their stay in Canada before the expiration of their visitor status or work and study permits has what we call “Implied Status” as long as they applied before the expiration date of the work or study permit. , or if you are a tourist, before the 6 months of stay after your arrival.

Implied Status means that the person (as a tourist) or work permit holder or study permit holder continues to maintain their legal immigration status in the country until a decision is made on their extension application. presented. This allows the applicant to legally reside in Canada even though the permit has expired, regardless of how long it will take Immigration, Refugees and Citizenship Canada (IRCC) to process and finalize their application.

The implicit status (Implied Status) is granted by the immigration laws of Canada automatically. This means that IRCC will not send you a document or confirmation that you have Implied Status, or tell you what you can or cannot do while under Implied Status.

The only way to prove that you benefit from implied status in Canada is to keep a copy of your application on file, along with proof that it has been submitted to the immigration office. Some applicants know, with Implied Status, they can remain in Canada as tourists, working or studying, as appropriate, under the same conditions as their visitor registrations or permits have expired until a decision is made on their application to extend. your stay in Canada.

However, what happens if the same person leaves Canada while under implied status? Implied Status continues to exist even if the person benefiting from it leaves Canada. Therefore, they continue to have legal immigration status when they re-enter Canada without having to submit a new application to enter the country. However, if a person leaves Canada and then returns under implied status, they can no longer work or study under the same conditions as their expired work or study permits. For this reason, unless necessary, it is generally advisable to avoid traveling outside of Canada while in Implied Status.

In cases where leaving Canada is unavoidable, make sure you have a multiple entry visa to return to Canada or confirm that you have a valid ETA to re-enter the country. You should prepare in advance and take the necessary steps, if possible, to submit a new work or study permit application at the Canadian port of entry, should you be eligible.

In summary:

Implied Status allows you to stay in Canada, as a visitor, student or worker, under the same conditions as the original study work permit.
Implied Status is activated whenever: You applied before the expiration date of your study or work permit. If you are a tourist, you requested it before 6 months of stay. Note that to calculate 6 months always count -1 day from the original entry. For example, if you enter on March 5, 2018, your due date is September 4, 2018. Therefore, you must apply by at least September 3. 2018.

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