International employees, students, or visitors can legally stay in Canada until a conclusion is formed on their application if they request to prolong their status before it lapses. This period between the conclusion they carried out and after the termination of temporary resident status is referred to as implied status. In this article, you will understand more about implied status and how it may influence the duration of your permitted stay.
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Canada Implied Status
Interim residents must apply for at least one month before their present permit terminates to prolong their stay in Canada. If their request is being processed by the time their current permit terminates, they can stay in Canada under the exact situation as their past permit. For instance, a temporary or interim employee who applies to prolong their work visa before its termination can keep working in Canada for the same firm while awaiting a conclusion. Nonetheless, the temporary employee must quit working on the day their existing permit is terminated unless they have requested another permit. This can elongate their work permit to be employed for a varied employer or modify a study permit.
If the status elongation application is permitted, the candidate and their family members can stay in Canada if they concede the new permit terms. Nonetheless, the new permit would have to do with a provision date. It could mean a waiting duration between the provision of the new permit and the recent permit termination. Hence, it will not be an issue if the individual later pursues permanent residency. This waiting duration between the termination of the existing permit and the provision of a new one will be regarded as a legitimate stay in Canada. Immigration officials will identify that this duration is protected by implied status.
Touring Outside Canada While Possessing an Implied Status
It is critical to recall that implied status only involves the candidate remaining in Canada. A temporary resident with implied status who vacates the nation may be permitted to come back as a temporary resident if specific requirements are fulfilled which have to do with the following:
- The person does not need a temporary residence visa or is excluded
- Possess an accurate temporary resident visa (TRV)
Hence, until a conclusion is met concerning the application for the lengthening of status, an individual with implied status would not be competent to start work or study. Furthermore, the candidates must demonstrate to the official at the port of entry evidence of sufficient monetary assistance while waiting for the result. So, it is highly recommended that any person with implied status who vacated the nation do so with documentation verifying that they have applied for a permit elongation. After leaving Canada, an individual possessing implied status may want to get employed or study but lose that liberty until a conclusion is made concerning the application to work or study in Canada.
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For example, a scholar who has applied to prolong their study permit and vacate Canada might be allowed to return. Hence, once a conclusion is met on the application, they can study in Canada. Thus, they could have lawfully kept on to study in Canada if they had remained on implied status.
The Impact of Implied Status on the Length of the Authorized Stay
If the request for an extension has been permitted:
If the lengthening application is endorsed, the paper’s date of disbursement indicates when the conclusion on the application was carried out. The candidate-approved stay duration is currently equivalent to the authenticity of the new documents. The border services official may impose a period of stay if the candidate vacates Canada and returns. Meanwhile, the request for an elongation is denied before the end of this duration. In that situation, the candidate may stay in Canada until the end of the visit stipulated by the border services official.
If the Prolonged Application is Denied
If the prolonged request is denied, the candidate is regarded in status until a conclusion is met on their application. However, the 90-day repair duration starts on the date of denial. Suppose the candidate vacates Canada and comes back. In that case, the border services official inflicts a period of stay, and the request for extension is denied before the expiration of this duration; the candidate may stay in Canada until the end of the stay stipulated by the border service official.
If the Prolonged Application is Withdrawn
There is no longer a pending prolonged application as of the day the pullout is enrolled if the extension application is canceled. Accordingly, the permitted stay duration terminates on that day. If the candidate vacated Canada, the border service official inflicted a duration of stay after a re-access, and the extension request is canceled before the termination of this duration, the candidate may remain in Canada for the period of the visit stipulated by the border services official.
If the Prolonged Application is Refused
It is seen as if the application was not presented, and if the request for a prolongment is refused, it is regarded as incomplete. Due to this, the candidate will remain in status until their present temporary resident status lapses.
