Program delivery update: Temporary residents: Changing language around implied status
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
April 8, 2021
Implied status is a carry-over term from previous legislation. Under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), an applicant’s status is extended by operation of law while their application is being processed. Since this is legal status, the term “implied” causes much confusion amongst officers, applicants and stakeholders.
Therefore, the department is replacing “implied” with “maintained” in our public pages and program delivery instructions.
The instructions were updated to clarify that clients who have applied to extend their status benefit from an extension of their period of authorized stay by law.
The procedures for reviewing extension applications have been moved to Eligibility for extending temporary resident status.
In addition, there is a separation between status and authorization in IRPA and IRPR that was not in previous legislation. To provide more clarity around the authorization to work without a permit during the processing period, the instructions referring to paragraph R186(u) have been extensively updated.