Canada’s Implied Status, officially termed as “maintained status” by Immigration, Refugees and Citizenship Canada (IRCC), is an essential provision for temporary residents, including international students and workers, allowing them to stay legally in the country while awaiting a decision on their application for extension. This article explores how Implied Status works, its application process, and key considerations for those navigating Canada’s immigration system.
What is Implied Status?
Implied or maintained status is a provision by IRCC that enables temporary residents in Canada to remain legally in the country under the same conditions of their original permit while their extension application is processed.
For instance, if a student nearing the expiration of their study visa applies for an extension, they are granted the right to continue studying under the conditions of their existing permit until a decision on their application is made.
This legal assurance applies as long as the extension application is submitted before the current permit expires. Though IRCC allows residents to apply even a day before the expiration, submitting applications at least 30 days in advance is strongly recommended for a seamless process.
Who Can Apply for Implied Status?
Temporary residents, including:
- International Students: Students in Canada on a study permit can continue their education under Implied Status if their application for an extension is under review.
- Temporary Workers: Those working in Canada under a valid work permit can also maintain their status and continue working under the same conditions during the review process.
Validity and Conditions of Implied Status
If the application for an extension is approved, the new document will specify the decision date and extend the stay for the approved period. Until the decision is made:
- Residents can legally remain in Canada.
- They must adhere to the same terms as their original permit (e.g., working or studying under the same conditions).
However, Implied Status is only valid as long as the applicant remains within Canada.
Travel Restrictions on Implied Status
Leaving Canada while on Implied Status can complicate matters.
Re-entry Considerations
Temporary residents who leave Canada under Implied Status may only re-enter the country if:
- They are exempt from requiring a Temporary Resident Visa (TRV).
- They already possess a valid TRV.
For international students and workers, re-entering Canada under these circumstances may restrict their ability to resume work or study until their extension is approved. Therefore, staying within Canada during this period ensures uninterrupted study or work.
Key Steps to Apply for Implied Status
- Submit Your Application Early: Apply for an extension at least 30 days before your current permit expires to avoid last-minute complications.
- Provide Accurate Documentation: Ensure all forms and required documents are complete and error-free.
- Track Application Status: Regularly monitor your application status through IRCC’s online portal.
Why is Implied Status Crucial for Indian Students?
India is Canada’s largest source country for foreign students. In 2023 alone, an estimated 4.27 lakh Indian students were studying in Canada. From January to August 2024, 1.37 lakh Indian students received study permits, accounting for 36.7% of all international students.
For such a large population of Indian students, Implied Status provides a reliable way to ensure their stay remains lawful while awaiting decisions on permit extensions, making it a vital provision in Canada’s immigration framework.
Implied Status is a lifeline for temporary residents in Canada, offering them the legal flexibility to continue studying or working seamlessly. For international students and workers, adhering to the application timeline and understanding travel restrictions is essential for a smooth experience.
