Implied Status in Canada

You may have heard of the term "implied status" but what does it really mean? 

If the period authorized for your stay in Canada has ended and you have applied to extend your stay in Canada and a decision has not yet been made on your application, you are allowed to remain in Canada under the same conditions until the day a decision is made on your application.

If your application is successful, then invariably your period of authorized stay will be extended and you may remain in Canada until the end of the new period authorized for your stay.   

If your application is refused, the period during which you were awaiting a decision will not be counted against you as a breach of the Act.  

Here is a practical example.  

Mr. X has a job with ABC company.  His work permit expires in February 2014.  In January 2014, he put in an application to extend his status in Canada as a worker.  Mr. X does not receive a decision until May 2014 however, he has remained with the same employer, doing the same job.  

Is Mr. X in breach of the Immigration and Refugee Protection Act (IRPA)?  No he isn't because the Regulations made pursuant to the IRPA automatically extends the period authorized for his stay in Canada until a decision is made on his application.  

If his application is granted, of course he can continue to work in Canada pursuant to the conditions of his new work permit.  If his application is refused, he will need to explore further options.  

Are you out of status? Is your status about to expire? or Has your application been refused? We may be able to help you.  Visit our website www.y-canada.ca or send us an email to info@y-canada.com.