FAQS: 7 Things You Need to Know About Implied Status in Canada

Implied status or Maintained status is an immigration concept enacted when an individual with a Canada temporary resident permit makes a new application to extend their temporary status. If you make a new application before your existing status expires, you are considered to have Maintained status until a decision is made on your new application. Maintained status means that you continue to have legal temporary status in Canada, even though you don’t have a permit to show that.

A person with implied or maintained status is allowed to continue the activity they were already doing in Canada under the original conditions allowed.

FAQ 1: What is Implied Status?

Implied Status is the term previously known as Maintained status. When a worker, visitor, or student requests to prolong or modify their temporary status in Canada before it expires, this is referred to as maintained status in Canada. In some situations, the applicant can lawfully remain in Canada under the terms of their former status while the new application is decided.

In this case, the individual has kept their legal status. This maintained status in Canada will last until the government makes a decision on your new application to work or study in Canada. For example, if you have applied for a Canada work permit extension before your work permit expired, you can continue to work in the country.

Additionally, if you have previously been working in Canada on a work permit, you may be able to keep your maintained status. Alternatively, if you’ve been in Canada on a study permit, it may allow you to continue your studies. Alternatively, if you’re a tourist when you sought an extension or change of temporary status in Canada, you may be entitled to stay.

Essentially, the rules stayed the same, only the name changed.

FAQ 2: What happens if I leave Canada on Maintained status?

Try not to leave the country while you’re in limbo. Maintained status exists only while you remain in Canada. If you depart Canada while on Maintained status, your legal status will be terminated. You may be permitted to return to Canada on a Visitor's Visa provided you have the necessary documents, such as applying for an electronic Travel Authorization (eTA), but you will not be permitted to continue working or studying, even if you were previously employed or enrolled.

If you were on a work visa before, but are now on Maintained status, and then leave the country. You can return on a Visitor’s Visa but you may no longer work. The rules are the same if you were on a study visa before you left the country.

FAQ 3: How long does Maintained status last?

Your period of Maintained status will last until a decision is made on your visa application. You can continue to work, study and travel depending on the conditions of your previous visa. Once the decision on your new visa arrives, your maintained status falls away and the new visa will take effect. If your visa was rejected, you will be out of status in Canada. You may then apply for restoration of status to remain in the country.

FAQ 4: Can I apply for a work permit or study permit while on implied/maintained status?

Ideally, you should apply for a Canada temporary resident permit such as a work or study permit before you go into maintained status, ie. before your previous visa expires. If your temporary status has already expired, you must either seek to have it restored (and wait for it to be accepted) or leave Canada and apply for a work visa or study permit from outside the country.

You can also apply to amend the conditions on your status or for a different form of status, such as a work permit or study permit, from within Canada. If you have applied to have your status restored, you will not be able to work until the restoration is authorized even if you’re waiting for your Canada work permit extension. Alternatively, you can apply for a visitor’s visa to remove your maintained status.

FAQ 5: Does the work I do on a maintained status count toward Canadian work experience?

Absolutely. Any experience you gain while you wait for your first work permit or a Canada work permit extension counts. According to paragraph 186(u) of the Immigration and Refugee Protection Regulations (IRPR), work experience gained while you were on maintained status is still valid work experience. This may help you become eligible for better jobs, longer visas and even permanent residency (PR). For example, you could apply for PR status under the Canadian Experience Class (CEC) after a year of work experience in Canada.

FAQ 6: Do I have Maintained status when I have submitted a Permanent Residency application?

No, even if you have sought permanent residence through sponsorship or Express Entry, you don’t instantly have Maintained status in Canada. To keep a valid and legal temporary status, you must apply for an extension of that Canada temporary resident permit such as a bridging open work permit or visitor extension, before your present temporary status expires, regardless of whether you have applied for permanent residence.

FAQ 7: How do I prove I have Maintained status?

Proof of an application for a permit extension is often considered proof of Implied status. If the application was filed when the individual's previous permit was still valid, the individual's status is preserved. It’s strongly advised that anybody leaving Canada while on maintained status bring documentation of application submission with them to help with re-entry.

Contact A Professional

Having Implied Status is tricky. You might not be able to leave the country, and you have to make sure all your documents are submitted to avoid having your visa rejected and being out of status. That’s why you should contact us today to speak to a professional.

The team of Regulated Immigration Consultants (RCICs) that we work with specialize in Canadian immigration and visas. They’ll be able to guide you to give you the best possible chances of getting your application approved. If your goal is to get permanent residency, then remaining in Canada with legal status has to be your top priority.