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Implied Status For Citizenship Application

MMPL

Full Member
Nov 24, 2015
37
3
Section 9 In Citizenship Application there is no option for Implied Status. Please, someone, help in my situation.
Study Permit Expire - - - July 2015 (Applied For Post-graduation Work permit)
Implied Status - - - - Aug 2015 to Nov 2015 (Waiting For Work Permit)
Work Permit Received - - - Dec 2015

So How Can I indicate My Implied Status? In Physical Presence Calculator implied status days count towards my citizenship physical presence?
 

aditvasu

Star Member
May 9, 2019
54
10
Section 9 In Citizenship Application there is no option for Implied Status. Please, someone, help in my situation.
Study Permit Expire - - - July 2015 (Applied For Post-graduation Work permit)
Implied Status - - - - Aug 2015 to Nov 2015 (Waiting For Work Permit)
Work Permit Received - - - Dec 2015

So How Can I indicate My Implied Status? In Physical Presence Calculator implied status days count towards my citizenship physical presence?
Everyone who came on Student/Work Permit and then converted to PR later, will have few months of implied status.

It is the just waiting period for the new work permit.
As long as you regularize your status with new work permit, it is fine.
Actually the new work permit starts from the date when the your old permit ended.
So your implied status is already covered by the new work permit. Just chill bro.
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
A longer answer than wanted, perhaps, but the short of it is:

1) Report implied status as an extension of the previous status (for example, if student permit expired July 23, 2016, and the applicant KNOWS with relative certainty she had implied status following that until, say, September 5, 2016, list student status as expiring September 5, 2016), and include time in the presence calculator, BUT

2) be sure to wait to apply with a buffer at least that many days MORE than the minimum (see example in longer answer)

Section 9 In Citizenship Application there is no option for Implied Status. Please, someone, help in my situation.
Study Permit Expire - - - July 2015 (Applied For Post-graduation Work permit)
Implied Status - - - - Aug 2015 to Nov 2015 (Waiting For Work Permit)
Work Permit Received - - - Dec 2015

So How Can I indicate My Implied Status? In Physical Presence Calculator implied status days count towards my citizenship physical presence?
As best I can sort things out: OK to report days IN Canada with implied status as pre-PR days with Temporary Resident status, so they are included in the presence calculation BUT . . . BUT best to have enough total days credit so that qualifying for citizenship does not depend on getting credit for those days.

Example: applicant who had 42 days implied status between expiration date of one permit, and the formal date another was issued, should report these so that the presence calculator shows 21 days credit toward the physical presence requirement. BUT be sure to apply with at least total 1116 days credit toward the physical presence requirement (1095 plus 21). Actually it would be far better to wait to apply with at least 1126 days credit (1095 plus 21 to cover implied status period plus 10 more for a general buffer), and my sense is it would be better to wait to apply with at least 1146 days (1095 plus 21, plus a month for a general buffer).

EXPLANATION . . .

SO FAR AS WE KNOW, or can figure out, days IN Canada with "implied" status are days the individual had temporary resident status in Canada and thus they should count. "Should" does not mean for certain they WILL count.

Technically any days in Canada (within the five year eligibility period) the citizenship applicant had temporary resident status in Canada count, a half-day credit for each such day. A lot of emphasis needs to be given that this is about what SHOULD TECHNICALLY count.

How things work practically is more complicated.

For example, however, there is sufficient reporting to readily indicate that applicants relying on days in Canada with visitor status are likely to encounter problems UNLESS they were issued a visitor visa or visitor record (and even then some problems have been reported). This is largely because there is no GCMS record, for the client, verifying status in Canada during those times absent a formally issued visa or Visitor Record. If IRCC cannot verify status, applications have been returned.

That is, there is no doubt, days in Canada with visitor status COUNT. But, it is readily apparent that without a formal visa or Visitor Record, there is at least a high risk such days will not get credited by IRCC.

As for implied status in particular: There is not enough reporting about how things go for those relying on implied status to draw firm conclusions other than to recognize that there are similar reports that some applications relying on implied status days are being returned, not even processed, IRCC in effect NOT counting the implied status days.

There is an arguable case to be made that IRCC should count such days. And it appears that for some applicants they are counting such days. (Again, the reporting is not sufficient to clearly illuminate how this will go for any particular individual.)

Generally, unless one is litigious and willing to go through the much longer and intrusive and demanding process of pushing an arguable case, it is best to make an application more likely to stay in the routine processing lanes. Relying on what is arguable tends to be a bad bet.

Note, after all, there is no separate "implied status" as such. If and when an individual is in Canada after the expiration date of a permit or visa, if they have made a timely application which qualifies, they remain in Canada with that status, but "implied" status rather than formally or officially granted status. This at least means they are not violating Canada's immigration rules, and are eligible to be granted status to remain in Canada without having to leave Canada and obtaining authorization to return.

Whether or not that means they have Temporary Resident status qualifying for credit toward the citizenship physical presence requirements is a separate matter.

Even assuming implied status does mean the individual had Temporary Resident status (rather than it only meaning the individual is legally in Canada), at least technically, the problem of verifying that status remains. Remember, the burden of proof is on the applicant. Generally IRCC readily verifies an applicant's status in the client's GCMS records.

It appears that if a review of the applicant's GCMS records do not verify the individual had status during a period of time, IRCC may subtract those days from an applicant's presence calculation . . . even at the initial screening applications for completeness phase.

THUS . . . even though applicants probably should declare days they are confident they had implied status they should also WAIT to apply with a buffer over the minimum requirement AT LEAST enough days to FULLY COVER the credit for days with implied status, and do this in addition to what the applicant confidently feels is a sufficient buffer over the minimum otherwise.

Many think 10 days buffer is enough generally. I lean toward at least a month. What is prudent varies with circumstances. Some applicants should wait to apply with a much bigger buffer. How much is a very personal decision based on the individual's situation.

THUS, for the applicant who has implied status days, IN ADDITION to that general buffer, best to wait to apply with an additional number of days at least equal to the number of days credit based on implied status. Thus, for example, if the applicant's period of implied status totaled 74 days, for which the applicant gets 37 days credit toward the presence requirement, that applicant would be wise to wait until he or she has around 1162 days (37 days plus some over the minimum 1095) credit in the physical presence calculation. For those who feel that the ten day buffer is enough, then they should wait until they have at least 1142 days credit in the presence calculator output (1095 plus 10 for basic buffer plus 37 to cover the implied status period).

SUMMARY: Many times waiting longer to apply can result in taking the oath of citizenship sooner.

Why rush to make an application that is at high risk, at best, of getting bogged down in non-routine processing which could add many months if not a year or more to the timeline?


ALSO NOTE:

To my understanding there is generally NO official confirmation of "implied status."

Thus, in addition to what I discuss above, I also suspect some individuals believe they had implied status when technically they might not have. Remember, being out of status in Canada is not a big deal and generally if and when the individual again has status, the fact that he or she was previously in Canada without status is, ordinarily (some exceptions), totally cured. So just the fact that nothing happened after one permit expired and eventually IRCC gave the individual status again does NOT necessarily confirm the individual had implied status during that interim period.