Canada – Guidelines on Implied Status

The Immigration, Refugees and Citizenship Canada (IRCC) released guidelines for its officers in regards to implied status citizens.  Implied status citizens have the right to remain and work in Canada while their work permit extension application is being processed if their extension application was submitted before its expiration.  If the implied status citizen remains in Canada while their work permit extension is being processed, they are able to stay and work, even if their work permit has expired, until a decision is made upon the extension.

However, for those that travel outside of Canada while their work permit application is in process, re-entry to Canada may pose a risk to their working status.  If a temporary resident with implied status exists Canada while their extension application is pending, and returns to Canada, the person may re-enter, however, only as a visitor.  He/she would not be able to work until their work permit extension has been approved.

The Officer may issue a work permit at the port of entry if the CIC computer system shows that it was approved at the inland processing center where the application was filed.  If the CIC computer system shows that the application was not approved yet, the officer may allow the individual to apply at the port of entry, however, this is not typical.  One can apply at the port of entry if they are allowed to, even though their work permit extension is still pending.

Overall, the IRCC recommends a temporary resident remain in Canada under implied status while their work permit extension is being processed.