Understanding Implied Status
Implied status is a temporary immigration status granted to individuals who have submitted an extension application for their current temporary resident permit (TRP) before it expires. This status allows individuals to remain in Canada legally while Immigration, Refugees and Citizenship Canada (IRCC) processes their application.
Key Points to Remember
- Timely Application: It’s crucial to submit your extension application at least 30 days before your current permit expires to maintain continuous status.
- Restricted Activities: While on implied status, you can only continue the activities permitted by your original permit. Changing jobs or starting a new course of study would require a new permit.
- Travel Restrictions: Travelling outside of Canada while on implied status can have consequences. Upon re-entry, you might be restricted to visitor status, limiting your ability to work or study until your extension application is processed.
- Impact on Permanent Residency: Implied status counts towards your residency requirements for permanent residency, as it’s considered a period of lawful residence in Canada.
The Implications of Different Application Outcomes
The outcome of your extension application significantly impacts your status in Canada:
-
Approved Application:
- You’ll receive a new permit with a specified validity period.
- Re-entry after leaving Canada might result in a new period of authorized stay assigned by the border officer.
-
Refused Application:
- You have a 90-day grace period to regularize your status.
- Re-entry might limit your stay to the period assigned by the border officer.
-
Withdrawn Application:
- Your implied status ends on the withdrawal date.
- Re-entry might limit your stay to the period assigned by the border officer.
-
Rejected Application:
- Your implied status ends on the expiration date of your original permit.
- You must either leave Canada or apply for a new permit.
Navigating the Process
To ensure a smooth transition and avoid potential complications, consider the following tips:
- Submit Applications Early: Timely submission is crucial to maintain continuous status.
- Monitor Application Status: Keep track of your application’s progress and respond to any requests from IRCC promptly.
- Understand Re-entry Implications: Be aware of potential restrictions on work or study upon re-entry.
- Seek Professional Advice: If you have complex immigration needs or uncertainties, consult with an immigration lawyer or consultant.
Implied status can be a valuable tool for maintaining legal status in Canada while your extension application is being processed. However, it’s essential to understand the limitations and potential consequences associated with it. By following the guidelines and seeking professional advice when needed, you can navigate the complexities of implied status and ensure a seamless transition in your immigration journey.
