Implied status (maintained status)
Statutory definition
Regulation 183(5) of the Immigration and Refugee Protection Regulations, SOR/2002-227, provides that if a temporary resident applies before the expiry of their authorized stay, their implied status continues until a decision is made on the application, or until they leave Canada.
Explanation
Implied status protects temporary residents who apply to renew a work permit, study permit, or visitor record before their current status expires. It allows them to remain in Canada (and generally continue working or studying on the same terms as the expiring permit) while the renewal is pending.
Important limitations:
- Implied status only applies if the renewal application was submitted before the expiry of the current status
- Leaving Canada while on implied status may end the implied status and require a new application
- Implied status does not extend the validity of a work permit if the underlying conditions have changed (e.g., the employer has changed)
How this term is used
Implied status is particularly important for workers and students in Canada who submit renewal applications at the last minute. If status expires before the renewal application is submitted, the person falls out of status and must leave Canada or restore their status through a Restoration of Status application (within 90 days of expiry). A restoration application is not the same as a renewal and requires additional fees and eligibility criteria.