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Simply put, implied status means that a foreign national continues to maintain their legal immigration status in Canada until a decision is rendered on their application to extend their stay. Temporary residents, including workers, students and visitors may benefit from implied status and continue to legally reside and carry out work, school, or otherwise in Canada past the expiry of their current permit provided that they have submitted a new application to extend their stay prior to the expiry of their current permit.

Generally, the best way to demonstrate that a foreign national has implied status is to retain, and if necessary, provide the following documentation to the relevant bodies:

  • Confirmation that the application for an extension has been submitted;
  • Proof that the application has been submitted to the relevant immigration office;
  • A copy of the previously issued permit; and
  • Any other documentation which may support that claim that an extension was applied for (i.e., a letter from immigration consultant/lawyer, etc.).

However, please note that to continue to benefit from implied status, it is recommended that a foreign national remain in Canada until a decision is made on the new application. Specifically, this is because if a foreign national departs Canada while under implied status, he or she is no longer eligible to benefit from implied status, and therefore can no longer continue working, studying, or visiting in Canada.

If you are a foreign worker and need assistance with extending your status or explaining your immigration status to your employer, or if you are an employer and need assistance understanding implied status, please contact Toronto employment and immigration lawyers, Sultan Lawyers, at (416) 214-5111 or via email to mlahert@sultanlawyers.com.