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April 17, 2020

Update from IRCC – Implied Legal Status for in-Canada Work Permit and Study Permit Extension Applicants

We [Immigration, Refugees and Citizenship Canada] are writing to inform you of important information as it pertains to temporary foreign workers and international students in Canada whose status have or will expire in the next 90 days and who may be benefiting from continued implied legal status in Canada.

IRCC is aware that temporary worker and student status is used within provincial and territorial jurisdictions to help determine eligibility to social and health benefits. This information should help your jurisdiction confirm if the temporary foreign worker or international student, including their family members if applicable, is still under legal status in Canada and eligible for those benefits.

Temporary workers and international students who are in Canada and whose temporary resident status will soon expire are being advised to apply online to extend their status before it expires. This allows them to maintain their temporary resident status in Canada while their extension is processed by IRCC.

By doing so, their period of authorized stay as a temporary resident is extended by operation of law under subsection 183(5) of the Immigration and Refugee Protection Regulations. During this period, the temporary worker or international students will have legal status as a temporary resident but will not have a valid work permit or study permit to demonstrate their status. This regulatory provision is commonly referred to as ‘implied status.’

In addition to maintaining their temporary resident status, subsection 186(u) and section 189 of the Immigration and Refugee Protection Regulations authorizes temporary residents to continue to work or study while their application for renewal of their work or study permit is processed by IRCC. They remain subject to the same conditions listed on their expired work or study permit.

To confirm that a foreign national is subject to these provisions, you can request that they provide:

  • Copy of expired work permit or study permit, plus
  • proof of application for an extension, including:
    • a copy of the application (form IMM5710)
    • fee receipt
    • confirmation letter or email that the application was received before their permit expired