FGI News and Publications

Canadian Extensions And Implied Status

On October 20, 2020 the Immigration, Refugee, and Citizenship

Canada (IRCC) implemented important changes to the way work permit

extensions are processed, in order to allow temporary residents who

are remaining in Canada on implied status to access benefits and

services while they await a formal decision.

When a temporary resident in Canada (a visitor, student, or

foreign worker) applies for an extension of their permit, they can

legally remain in Canada until a decision is made on their

application. From the moment they submit their extension

application, provided they have done so prior to the official

expiry date on their document, the person has implied status until

IRCC makes a decision regardless of how long it takes. As long as

temporary residents remain in Canada, implied status allows them to

continue working or studying based on the conditions of their

original document.

Implied status not only allows temporary residents to remain and

work in Canada, but it provides them with continued access to

government benefits and services, and other privileges that attach

to residence. Access to these, however, can sometimes be difficult

without an official document to prove status. For this reason, IRCC

has changed the wording of their communication to applicants to

provide more clarity. Starting October 20, when a temporary worker

applies for an extension of their permit through the IRCC portal,

they will automatically receive an Acknowledgment of Receipt letter

from the IRCC confirming that their existing authority to work has

been extended to a specific date. That letter can be attached to

their expired work permit as proof of their continued legal status

and authority to work.

It is important to remember, however, that this is only

available to temporary residents who apply before expiry of their

status; and is valid only for as long as they remain physically in

Canada during the implied status period.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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