Implied status and travelling outside Canada
A temporary resident with implied status who has left Canada may be allowed to
re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.
They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.
It should be noted that this applies to foreign nationals who are TRV exempt, as per paragraph R190(3)(f), and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision. This interpretation of the legislation is consistent with the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration);
apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.
Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).
Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.
If the foreign national must resume work or study, they can apply for a new work or study permit at the POE, but only if they are authorized to do so under the IRPR.
