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.