Hi everyone. My name is Jade Calver. I own and operate cover & Associates Canadian
Immigration Services. We're a full-service Canadian immigration firm
located in Oshawa, Ontario, Canada. Today I'm going to talk about implied status
and what implied status means, when it applies, and how it affects you and your
immigration status.
So Immigration Canada - I have the definition here - so it's when a temporary
resident - so their state as a temporary resident is extended by law
until a decision is made and this is outlined in the regulations of the
immigration refugee protection act. So such a person - it says - is considered to
have implied status as a temporary resident during that period. So you might
say: "Great what does this mean?"
So implied status occurs as the as the
regulations say when someone applies to extend their status before their current
status ends. So this is for all temporary residents whether that be a visitor visa,
a study permit, a work permit so when you're issued those permits they'll have an
expiration date and if you want to extend your status, you have up until
that last day of the permit to extend your status. So that means if your work
permit expires on October 17th 2019, as long as you apply to extend that permit
for on the 17th or before, you are under what's called applied status and so you
can you have the same status as your original permit until there's a decision
made on the new application.
It's important to note that with implied status, you can keep doing
whatever you were doing. So say, for example, you are studying and you applied
for another study permit as long as you're applying for the exact same type
of permit with the same conditions you can actually continue to do whatever
you're doing. So this is really helpful for students at colleges or university
if their work permit or study permit expires mid semester they can apply to
extend that study permit without it affecting their ability to study during
that term. Where things change a little bit is if you're changing your
conditions of your temporary status. So for example, if you're going from a
visitor to a worker - so you can't do that, you have to apply from outside of Canada
if you're going from a student to being a worker depending on if you're applying
for a postgraduate work permit it gives you an implied status but if you're
not eligible for a postgraduate work permit it gives you implied status but
you can't continue working. So the implied status applies in very specific
situations. So if you're keeping the same conditions you definitely have
applied status and can keep doing what you're doing. If you're changing your
status as well to a different type of temporary status it will really depend
on under which program you're applying.
A lot of people ask me about implied status and the international experience class.
So that's working holiday visas and young professionals. So, it's very
important to know that you cannot benefit from implied status
under the working holiday visa or young professionals program. Lots of people are
here on their first working holiday visa, their country allows them to participate
again and they're in the same category or under young professionals.
You can't extend it to keep yourself here so it doesn't give you implied
status if you've applied for a new working holiday visa - you generally need
to leave the country and re-enter or sometimes we use the change of status to
a visitor record to make it so that the person is able to stay in Canada with
status - again, implied status but it's not an extension of their work visa so it
really depends so with the international experience class - again you can't extend
it but there are things you can do to stay in Canada while you're waiting on
your new visa. Another thing that I'll just touch on
with the international experience class. A lot of people will come and start
working for an employer and then they'd like to get another work permit but
they're required to get a labor market impact assessment before getting that
work permit. So this is an instance where you actually can benefit
from applied status when you're on an IEC visa. So for example, if you are going
to continue working in the same occupation with the same employer that
you're working for now on your international experience class visa and
they have an lmia for that same position, same employer - as long as you've applied
for your work permit before your current IEC visa ends, you actually can continue
working under implied status until there's a decision on that work permit.
Another thing I wanted to touch on were bridging open work permits - it's
not quite implied status but it's similar. So when you've applied for
permanent residency and you're here on any kind of work permanent - as long as
you've had your permanent residency application submitted and approved in
principle - so for express entry that just means you've submitted an
application. For paper-based applications you need to have been approved in
principle by Immigration Canada. As long as you have that approval for from
Immigration Canada for your PR application, you can actually get what's
called a bridging open work permit. So that's for people whose work permits are
expiring and then you can bridge that work permit until your permanent
residency is approved letting you stay in Canada and continue
working for the same employer. For more information on the high status you can
visit our website at calverimmigrationservices.com or book a one-on-one
consultation with us online, at our website. Thanks very much.