Here is the full-text for people that are afraid to click on links:
Implied Status:
A Guide for Canadian Workers and Students
It is often the case that a worker or student has applied to renew their work or study permit but will not receive their new permit before the expiry of their current one. The question becomes, "What can they do in the meantime?" The Immigration and Refugee Protection Regulations (IRPR) have made clear provisions for this situation. This is known popularly as "implied status." This article will outline:
1) The definition of "implied status"
2) The relevant regulations that relate to "implied status"
3) What the concept of "implied status" means for workers and students who are without their new work or study permit
Firstly, R183(5) of the IRPR states that:
"If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of period authorized for their stay, the period is extended until
(a) the day on which a decision is made, if the application is refused; or
(b) the end of the new period authorized for their stay, if the application is allowed
OP 11 Temporary Residents paraphrases this by stating:
"A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period."
To summarize in plain English, this means that if a worker or student has re-applied to extend their stay in Canada before the expiration of their current permit, they will be authorized to stay in Canada until a decision is made on their case.
So what does this mean for the worker or student?
While the student or worker is under "implied status," they may continue to work or study as per the conditions of their current permit.
This is covered in R186(u) and R189 of the IRPR which state:
186. No Permit required - A foreign national may work in Canada without a work permit
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date
189. Expired study permits - A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.
The most important thing to note from these passages is that in order for the applicant to maintain their "implied status," they MUST remain in Canada until a decision is made on their application.
Therefore, to summarize the concept of "implied status":
1) The worker or student MUST have applied to extend their stay before the expiration of the current permit
2) If they have done so, workers and students may continue to work or study as per the conditions of their current permit until a decision is made on their new application
3) They may continue to work or study provided they REMAIN in Canada. If they leave Canada, they will lose their implied status.
This provision was created to allow workers and students uninterrupted work or study while their application for renewal/extension is in process.
