‘lmplied Status’ Update


‘Implied Status’ is the right to remain in, and typically for our purposes, work in, Canada while a work permit extension application is in process. As long as the person has submitted their application prior to the expiration of the current work permit, that person may continue to work in Canada until a decision is made on their extension. There can be some complications though, and caution needs to be exercised. This topic was reviewed in some detail in a prior issue of ImmPulse™; please see http://www.kranclaw.com/2015/07/implied-status-the-explicit-explanation/.

However, Immigration, Refugees and Citizenship Canada (IRCC – formerly CIC) has just released some guidelines for its own officers, with regard to implied status. Though some of it codifies what was already known, it is beneficial to review its provisions, to ensure an understanding of what IRCC officers are actually instructed (and to therefore anticipate their position on specific cases). In particular, the primary question is with regard to people who exit Canada during their implied status, and seek to return. (People who remain in Canada during the entire renewal process will have no problems.)

The guidelines indicate that:

  • A temporary resident with implied status who exits Canada while the extension application is pending may return to Canada, but, he or she may not work until the extension has been granted. (Similarity, someone studying under implied status who exits and returns would not be allowed to study until renewal is granted.)
  • Clearly, for those who need a visa, the above is subject to their ability to secure a visa to return to Canada (or to obtain one before they leave).
  • Further, those who need a visa but are travelling only to the United States (or St. Pierre and Miquelon) are considered TRV exempt, and this allowance continues as long as their extension application is still pending.
  • Those (re)entering Canada who are entitled to apply for a work permit at the port of entry, may indeed apply for a work permit at the port of entry, even though the extension is still pending. This would include those that require a visa but are returning only from the United States.
  • IRCC strongly suggests copying a carry of the extension application for the officer’s reference.

The above should be considered for those in implied status considering an exit from and re-entry to Canada.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

This post originally appeared on Kranc Associates. Copyright © 2016 Kranc Associates. All rights reserved. Reprinted with permission.

About The Author

Benjamin A. Kranc Benjamin A. Kranc is senior principal of Kranc Associates, a leading Canadian corporate immigration law firm. He has many years of experience assisting clients in connection with Canadian immigration and business issues. Ben is certified by the Law Society of Upper Canada as a Specialist in Immigration Law. He is also on the ‘Who’s Who Legal’ list of foremost practitioners in Canadian corporate immigration, as well as rated as AV Preeminent® in a Martindale-Hubbell peer review. Ben has spoken at numerous conferences, seminars, and information sessions – both for professional organizations and private groups – about issues in Canadian immigration law, and has also taught immigration law at Seneca College in Toronto. In addition, Ben has written extensively. He is the author of a leading text on Canadian immigration law entitled “North American Relocation Law” (Thomson Reuters) and contributing immigration author to the “The Human Resources Advisor” (First Reference Books). Ben can be contacted at (416) 977-7500 ext. 226, or bkranc@kranclaw.com.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.