Understanding Implied / Maintained Status
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Maintained status, which was previously known as implied status, allows individuals in Canada to maintain their legal status while their visitor status, work permit, or study permit application is processed for renewal. This legal status is automatic and granted once an individual applies for renewal before the expiration date of the valid permit, allowing them to continue their activities under the same conditions and without fear of penalties or having to leave the country.
Implied status typically benefits international students, foreign workers, and those applying for permanent residence in Canada by providing security throughout the immigration process and reducing gaps in legal status. It is an important aspect of Canada’s immigration system, providing individuals with security, stability, and additional time while awaiting a decision on their application.
What happens if I lose my implied status?
The maintained status expires when IRCC reaches a final decision on the application that was in process or if the person leaves Canada while the application is in process. If an individual loses their implied status in Canada, they will be considered out of status and will likely face consequences. If IRCC renders a negative decision, in most of the cases, the individual will fall under a period called restoration of status in which the foreign national will be granted 90 additional days to submit a new application to restore their status. If the individual doesn’t send a new application during the 90 day period, they will be asked to leave Canada.
There are also some noteworthy restrictions and limitations. Maintained or implied status only applies to individuals who have submitted an application before their current permit expired. As such, individuals should ensure they have met all the requirements and conditions before relying on implied status to maintain their legal status in Canada.
Can I travel outside Canada while on maintained or implied status?
A person is allowed to leave Canada while in maintained status, however is strongly recommended not to do so due to the risk of complications, delays, refusals or cancellations of the application that is in process. If an individual’s application for renewal is refused while they are outside of Canada, they may be unable to return to Canada with a valid status, until they submit a new application outside Canada until they have obtained a new work permit.
Additionally, violating any of the conditions of implied or maintained status, can result in removal from Canada and a potential refusal on future applications. The rules can be complex to navigate so if any potential concerns are raised, individuals should seek legal advice if they have any questions.
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What happens if my application is denied and I lose my maintained or implied status?
You are still considered ‘in status’ until your application is refused. On the date that your application is refused, in most of the cases, you are given a 90-day restoration period. Within these 90 days, you will be able to apply for restoration of status, otherwise you will have to leave Canada.
An individual who is currently on a restoration period is not authorize to work or study. If your application for restoration is successful, you will be able to restart your activities under the conditions of the new work or study permit. A person with a tourist visa is not allowed to work or study under any circumstance until the status in Canada is changed to worker or student.
How long can I remain on maintained or implied status?
In general, the length of time an applicant can remain on maintained implied status depends on the time that IRCC takes to assess the temporary resident application. Implied Maintained status begins to take effect when an individual applies for an extension/renewal to their current status in Canada and generally ends once that application is either approved or denied.
If the application is approved, the individual will receive a new permit with a new expiry date. If the application is denied, the individual will no longer have legal status in Canada and in most of the cases, they will be granted 90 additional days to submit a new application to restore the status, however, during the restoration of status period the foreign national is not authorized to work/study unlike while in maintained status. This allows individuals to stay in Canada until a decision is made on their application, ensuring continuity in their daily activities without the risk of penalties or having to leave the country.
Essentially, the length of time an individual can remain on implied/ maintained status varies based on the type of application and the processing times of the relevant authorities. Evidently, implied maintained status is not a permanent solution, but it provides individuals with some time while awaiting a decision on their application.
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Can I switch from implied status to permanent residency?
If an applicant is considering switching from implied status to permanent residency in Canada the eligibility criteria will depend on the specific immigration program they apply for. Each program is different, some require different education, work experience, and even sponsorship from a Canadian employer or family member.
Maintaining legal status and meeting the eligibility criteria are both requirements for switching to permanent residency. While implied or maintained status provides temporary relief, it doesn’t guarantee eligibility for permanent residency. To transition successfully to permanent residency, individuals need to meet all the requirements and criteria for the program they apply for. Our team has the expertise to guide you through the complex immigration process and help you achieve your goals, contact us today to learn more.
How Immigration Pros Can Help
If you need to apply for an extension of your status or your current status has expired, it can be a daunting task to rectify the situation and avoid severe consequences. That’s where Immigration Pros can help!
Our team of experienced immigration consultants has helped countless individuals navigate the complex process of reapplying for status and making sure the immigration process runs smoothly.
We understand the challenges applicants face and we are committed to providing personalized support and guidance throughout the process. Contact us today at Immigration Pros to learn more about how we can help you restore your legal status and stay in Canada.