Canada's 'implied status': What international students need to know about staying legally during permit renewal 

Canada has firmly established its position as the top destination for international students, particularly Indian students, due to its high-quality education system, welcoming immigration rules, and numerous chances for professional and academic growth.

From Jan to Aug 2024, 137,000 Indian students received study permits, accounting for 36.7% of the 374,000 international students in Canada, according to the latest data from Immigration, Refugees and Citizenship Canada (IRCC).

By the end of 2023, an estimated 427,000 Indian students were enrolled in Canadian institutions. Maintaining legal status is essential for these students, as well as for international tourists and workers.

Implied status is a crucial safeguard in Canada's immigration system, allowing individuals to remain lawfully in the country while their permit renewal applications are being processed.

Canada's immigration laws provide several options to help temporary residents maintain their legal status while awaiting permit renewals. One such option is maintained status.

For those with work, study, or visitor permits up for renewal, this legal status is critical, as it allows them to continue their activities without interruption or penalties.

To maintain legal status, applicants must submit a renewal application before their current permit expires. As long as the renewal application is submitted before the expiration date, maintained status is automatically applied.

Temporary residents in maintained status can continue with their current activities—whether visiting, working, or studying—on the same terms and conditions as their original permit until their renewal application is decided.

Individuals on maintained status do not incur additional costs or obligations as long as they apply before their permit expires.

Foreign workers, visitors seeking extensions, and international students all benefit from maintained status in Canada.

It allows workers to continue working while awaiting permit decisions, lets visitors stay in Canada while their extension applications are processed, and ensures students can continue their education without interruption.

To maintain their status, applicants must submit their renewal applications before their current permit expires, comply with the conditions of their previous permit (such as not changing employers or institutions), and fulfill all relevant requirements.

Failure to comply with these requirements can result in penalties or loss of status.

The duration of maintained status depends on the processing time for the renewal application. It continues until a decision is made. If the renewal is approved, a new permit is issued.

If the renewal is denied, maintained status ends, and the individual may receive a 90-day restoration period. However, they cannot work or study until a new permit is granted.

Failure to restore within 90 days will require the individual to leave Canada.

Although individuals on maintained status can technically leave Canada during the application process, it is risky.

If their renewal is denied while abroad, re-entry may be refused, causing delays or complications.

Non-compliance with status conditions could also lead to removal from Canada and denial of future applications. It is advisable to seek legal advice.

Maintained status in Canada provides temporary relief but does not guarantee eligibility for permanent residency (PR).

To transition to PR, individuals must meet specific criteria based on the immigration program they are applying to, such as work experience or education.

Maintaining legal status is crucial while meeting the PR program requirements.

To safeguard maintained status, individuals should apply for renewal early, monitor their application status, and avoid leaving Canada during the processing period.

Consulting an immigration professional can be especially helpful, particularly for complex cases or those seeking permanent residency.

Staying informed and compliant ensures a smoother application process and minimizes complications.