Temporary resident : Implied status (extending a stay)

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the IRCC 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, R186(u) and R189 (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 TRV exempt as per R190 or on a multiple-entry visa.

    They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the BSO that they have sufficient means of support. (Note that this applies to foreign nationals who are TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)

  • be allowed to apply for a new work or study permit at the port of entry provided they have a right to do so under the Regulations.

Note: It is strongly recommended that, at the POE, they present documentary proof (copy of their application, copy of the fee payment receipt, etc) of their application 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 permit or study permit at the POE, but only if they are authorized to do so under the regulations.

See sections 13.2 and 13.3 of ENF 4 for more information.

Extensions:

  • If the extension is granted: the date of issue shown on the document represents the date a decision was made.  Observations in the remarks box of the document indicates that the holder maintained their status as per R183(6).
  • If the extension is refused: the client will be considered in status until the day the decision is made on their application.
  • If the extension is rejected (incomplete): the client will be considered in status until the TR document expires.

Note: If a second application for extension is submitted after the first application and:

A decision was rendered on the first application:

  • if accepted, then the "new status" applies.
  • if refused or rejected, and original permit was still valid when 2nd application was sent, then client maintains their "implied status" until a decision is rendered on the 2nd application.
  • if refused or rejected, and original permit was expired when 2nd application was sent, then client loses their "implied status" and is considered out of status. (The 2nd application would be missing restoration fees & returned to client for being incomplete.)

Procedures

Step 1

CPC-V receives the application and ensures that all the required documentation and the fee has been included.

Step 2

A service delivery agent at 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 granted, then a visitor record outlining the conditions for the extension is mailed to applicant.
  • If the applicant's status has expired or they are otherwise in violation of the Act or the Regulations, then:
    • eligibility for restoration is assessed;
    • if not eligible, then the Minister's delegate decides on a disposition for the case (ex: inquiry, departure order, allowed to remain).
  • If the applicant requires a medical examination, then the medical examination form (IMM 1017) with the panel physician list and instructions are mailed to applicant.
  • If an interview is required because:
    • 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.

Then the application is referred to the local CIC office nearest to the applicant's place of residence.

Note: When a file is referred to a local office, the processing times quoted to set client expectations must be the local office's, if available.

Step 3

An inland officer will review the file and schedule the applicant for an interview.

At the interview, the officer will either approve or refuse the application.

  • If the extension is granted, then a visitor record outlining the conditions is issued and given to the client.
  • If the extension is refused, then the client is advised of the decision and counselled to leave Canada.

Step 4

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 client is also advised of the next course of action (ex: eligibility for restorationFootnote * or to leave Canada).

Step 5

FOSS/GCMS is documented to reflect the agent's decision.

Footnotes

Footnote *

Clients eligible for restoration have 90 days from the date of the notice to apply.

Return to footnote * referrer

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