Canada Immigration & Implied Status

Implied Status, what to understand!

Let us today discuss Implied status which is sometimes considered the most misunderstood term among temporary residents in Canada.

What is Implied Status?

Regulations 183(5), 186(u) & 189 of IRPR provide a legal basis for implied status

“If a foreign worker, International student or visitor files an application to extend his or her status in Canada, then he or she may remain in Canada on the terms of the original status until CIC makes a decision on the extension application”

Some of the things you need to be careful about are the following:

1. Application must be made before the current status in Canada expires
2. You cannot leave the country when you are on implied status
3. PGWP may not be considered a Work Permit which qualifies for Implied

A good caselaw to review is

Justice Roy in Campana Campana v. Canada (Citizenship and Immigration Canada), quoted saying an

incomplete application is NOT a non-existent application.