Temporary resident : Implied status (extending a stay)
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.
Implied status and travelling outside Canada
A temporary resident with implied status who has left Canada may be allowed to
re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.
They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.
It should be noted that this applies to foreign nationals who are TRV exempt, as per paragraph R190(3)(f), and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision. This interpretation of the legislation is consistent with the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration);
apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.
Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).
Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.
If the foreign national must resume work or study, they can apply for a new work or study permit at the POE, but only if they are authorized to do so under the IRPR.
- If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
- If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
- If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.
Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was
- approved, then the new status applies.
- refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.
- refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)
- rejected for incompleteness, then the application is returned to the applicant. The application is considered to have never been received, no implied status is granted, and the applicant will be considered in status until the original temporary resident document expires.
The Case Processing Centre in Vegreville (CPC-V) receives the application and ensures that all the required documentation and the fee have been included.
A service delivery agent at the CPC-V evaluates the application to determine if the applicant is eligible for a renewal and decides whether or not to grant it.
- If the extension is approved, then a visitor record outlining the conditions for the extension is mailed to the applicant.
- If the applicant’s status has expired or they are otherwise in violation of the Immigration and Refugee Protection Act (IRPA) or the IRPR, then eligibility for restoration is assessed. If the applicant is not eligible for restoration, then the Minister’s delegate decides on a disposition for the case (e.g., inquiry, departure order, allowed to remain).
- If the applicant requires a medical examination, then the medical examination form [IMM 1017] and the panel physician list and instructions are mailed to the applicant.
- If an interview is required because of one of the following reasons, then the application is referred to the local Immigration, Refugees and Citizenship Canada (IRCC) office nearest to the applicant’s place of residence:
- the applicant ceased to be a visitor, student or temporary worker;
- the applicant’s purpose is suspect; or
- the officer intends to refuse the application and needs more detailed information.
Note: When a file is referred to a local office, the processing times quoted to set the applicant’s expectations must be the local office’s, if available.
An inland officer reviews the file and schedules the applicant for an interview.
At the interview, the officer either approves or refuses the application.
- If the extension is approved, then a visitor record outlining the conditions is issued and given to the applicant.
- If the extension is refused, then the applicant is advised of the decision and counselled to leave Canada.
In cases where CPC-V has sufficient grounds to refuse an application, a letter is mailed to the applicant notifying them of the refusal and the reasons for it. The applicant is also advised of the next course of action (e.g., eligibility for restorationFootnote 1 or to leave Canada).
The agent’s decision is documented in the Field Operations Support System (FOSS)/Global Case Management System (GCMS).
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