An immigrant’s ‘implied status,’ which lets them stay in Canada until their new application is decided, allows them to preserve their temporary legal status in the country.

Those who abuse the privilege of having “implied status” and enter the country illegally face a variety of penalties and can even lose their Canadian citizenship altogether.

Immigrants in Canada Are Given Implied Status Under the Country’s Immigration Laws.

An official document from the Immigration and Customs Enforcement (ICE) will not validate your inferred status, nor will the agency tell you what you may and may not do.

Proof of your status in Canada may only be established by preserving a copy of your application that was filed to the appropriate immigration office.

Due to the lack of verification, concerns may arise for applicants, Canadian businesses, and academic institutions. When you’re in inferred status, it’s critical to understand exactly what you can and cannot do.

Notably, submitting an application for a work visa does not imply a higher status. Temporary status (e.g. student, visitor) may allow you to apply for a new temporary status simultaneously as your application for Permanent Residence.

Your Legal Right to Remain in Canada Is Implied if You Apply for a New Temporary Status Before the Expiration of Your Current One.

To maintain your legal status in Canada, you must apply for a new temporary permit before your current one expires. Encouraging someone to apply for PR is not recommended.

Here are a few real-life examples of people who have applied for both a temporary work visa and a permanent residency. You will have implied status if you apply for a new permit before your current one expires.

• Bridging Open Work permits can be applied for with a valid work permit.
• Your spouse or common-law partner can sponsor you with a valid work permit and an open work permit application.
• Immigrants with implied status can stay in Canada until their application for an extension is approved. That person’s indicated status may not be known if they depart the country.

Even if the beneficiary leaves Canada, the implied status remains to exist. Re-entering Canada does not necessitate a new application. The assumed status allows a person to return to Canada and work or study under the same circumstances as before.

Traveling Beyond Canada While Under Inferred Status Is Therefore Typically Discouraged Unless Required.

If you are applying for an implied status, you must be in Canada at the time. A temporary resident with implied status who has left Canada may be allowed to return if: they are not required to get a Temporary Resident Permit.

Meanwhile, a person who has been granted implied status must wait for a decision on whether or not to extend their status before returning to work or school. While awaiting a decision, they may be required to show proof of adequate financial support to an official at the Port of Entry.

Anyone with assumed status who intends to leave Canada is highly encouraged to bring their application documents for an extension.

If you leave Canada with implied status (to work or study), you forfeit your right to stay in the country and work or study.

Re-entry into Canada may be granted to a student who has applied for a study permit renewal. If the application is denied, the students will be unable to return to school until that time has passed. If they had implied status, they might have studied in Canada legally.

Make sure you have a multiple-entry visa or do not need a visa to return to Canada if you must travel overseas. If possible, make a fresh application for a work or study permit at the Canadian port of entry before leaving your home country.

It’s Normal for Foreign Workers in Canada Who Have to Go Outside of Canada for Business but Must Return to Their Employer Shortly.

A new problem is arising for those in Canada who rely on their inferred status. IRCC frequently rejects immigrant visa applications because they are incomplete, whether a lack of properly filled out forms or a failure to pay the requisite application fees.

Therefore, the applicant has never benefited from implied status if no extension application was filed. The temporary resident status will have expired on the same day as the initial visitor status, work, or study visa.

The IRCC’s position has been called into question by the Federal Court of Canada on several occasions, and the battle continues. Speak to lawyers for Canadian Immigration to solve any problem related to your implied status in Canada.

___________________________________________________

Some other articles you might find of interest:

Make your business rock with these business plan writing skills:

Startup’s Guide to Write a Business Plan

Would you like to know how investors value a startup?

How Do Investors Value a Startup?