I am seeing the term “implied status” more often these days. It seems to be used to buy time, as the title picture indicated. This was from a Reddit post.
What is Maintained Status (Implied Status)?
Implied status is the former name of what is now called “maintained status”. Basically, a temporary resident of Canada (visitor, worker, student) gains this status during the processing time of their application to IRCC to extend their authorized stay. The status starts from the submission of the extension application (visitor record, work permit, study permit), and typically ends when the application has a decision, or the person leaves Canada.
It does not apply to temporary resident permit (TRP) holders.
What does maintained status mean?
Most of the time, it means business as usual, as long as the application to extend the temporary status is made before the person’s current status expires and they remain in Canada. With maintained status, the person can continue visiting, working or studying while waiting for the decision of the application.
Note: maintained status ends when the person leaves Canada. For students and workers who leave Canada while on maintained status, even if they later re-enter Canada as a visitor, they are not able to continue studying or working until their study or work permit application is approved.
For visitors who leave Canada while on maintained status, their time in Canada resets from their re-entry.
FAQs
Q: Can I switch employers while on maintained status?
A: No if you are on an employer-specific work permit.
Q: I came to Canada on IEC (International Experience Canada) and now my visa is expiring soon. I am allowed to participate in IEC again. Can I apply it in Canada and get maintained status while I wait for it?
A: No. You cannot get your IEC in Canada. You will need to leave Canada and apply for it outside. However, if you wish to stay in Canada, you may apply to change your status to visitor and extend your visitor record. In that case, you get maintained status from your visitor record application, and you cannot work.
Q: I am working for an employer now and they are going to submit an LMIA application for the same occupation that I am in to support my next work permit. Do I get maintained status from this application?
A: Yes, as long as the LMIA application (with the work permit application) is submitted before your current status expires.
Q: I just graduated from university and applied for PGWP. Do I get maintained status before the PGWP is issued? I want to work.
A: Yes. You get maintained status during PGWP processing time, and you can work during this time.
Q: I decided to change my status from student to worker in Canada, and I am not eligible for PGWP. Do I get maintained status, and can I work while waiting for decision?
A: You get maintained status, but you cannot work until you receive the positive decision of your work permit application. Conversely, if you apply for a study permit while you hold a work permit, you cannot start studying until you receive the positive decision of your study permit application.
Q: I am waiting for the decision of my PR application, but my work permit is expiring soon. Do I apply to extend my work permit, and do I get maintained status to work while waiting?
A: In this case you may be eligible to apply for the bridging open work permit (BOWP). There are some conditions, and you should consult a licensed representative.
What do you mean by “buying time”?
PGWP is issued only once during one’s lifetime and cannot be extended beyond its intended length. The only extension of PGWP is when one’s passport expires soon when applying for the PGWP. Because the PGWP cannot be issued beyond the passport’s valid date, it is then issued for a shorter length than it should be.
The person here from the Reddit post is hoping to gain more time in Canada on maintained status, betting on IRCC’s usually longer-than-expected processing time to wait for the ITA (whether there will be an ITA is debatable). We all know this application will be refused because they are not eligible for another PGWP.
Worth it?
Absolutely not.
At any moment, they will receive the refusal of this bogus PGWP extension application, and if their PGWP has expired, they would instantly lose status in Canada.
Besides having to leave Canada within a short period of time, this refusal will be on their record. For any other immigration applications to Canada or other countries later, they will have to disclose this refusal, which may have adverse consequences.
Canada had the public policy extending PGWP during Covid, but it was made clear that it would not happen again anytime soon. It is unrealistic to bet on any processing time or any possibility of change in public policy.
Connect with me today to plan early so you do not get desperate to use maintained status to buy time. MacLanders is serving Vancouver Island and beyond, for all your Canadian immigration related questions and needs.
Discaimer:
The information provided and writer's own opinions on this blog do not, and are not intended to, constitute legal advice. You should not rely on any of the information contained here when determining whether and how to apply to a given program.
Canadian immigration law is constantly changing, and the information here may be dated. Please contact the author if you have any questions.
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本博客提供的信息和作者本人观点不构成法律意见。在您决定是否及如何申请某个加拿大移民法规相关项目时，您不应该单纯依赖此博客包含的任何信息。
加拿大移民政策常变。作者尽力保持博客内容更新，但不保证此处的信息在您看到此博客条目时是否过时。如果您有任何问题建议，请联系作者。
