March 28, 2017

What is Implied Status?

Many people have asked, “after my work permit expires, can I continue to work in Canada?”

A: If a foreign worker has applied to extend his or her work permit before it expires and physically remains in Canada, then he or she may legally continue to work until the decision on the work permit application is rendered.

Under section 186 (u) of Immigration and Refugee Protection Regulations:

A foreign national may work in Canada without a work permit […]

(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

Section 201 (1) states:

A foreign national may apply for the renewal of their work permit if

• The application is made before their work permit expires; and
• They have complied with all conditions imposed on their entry into Canada.

Another important point worth noting is that implied status does not mean that a foreign worker can change conditions on his or her work permit. For instance, if you are a closed work permit holder, then the conditions of the closed work permit, with the exception of the work permit expiry, should continue to apply.

Note that while you are on implied status, your governmental documents such as your health card may expire as well (you will need to contact the provincial health services as well as your provincial or territorial offices to confirm) and you are encouraged to seek private insurance coverage in order to avoid a potential lapse in your health insurance coverage.

If you have applied to extend your work permit and have travel plans to leave Canada, we recommend you contact us to book a consultation with an immigration lawyer to explore your options to return to Canada and resume work.

For more information on Temporary Migration, please click here.

(Sources)