Immigration, Refugees and Citizenship Canada (IRCC), has updated its guidance with regard to what is now called ‘Maintained Status’. This was previously known as ‘Implied Status’, and refers to the fact that, subject to certain considerations discussed below, a foreign national in Canada who applies to extend his/her status from within the country before the expiration of the current status, is authorized to continue to remain in Canada until a decision on their application is made, and may continue to work or study, as the case may be, even after their current document expires.
For our purposes, we are speaking primarily of Foreign Workers [FWs] (vs. visitors or students), and some of the salient considerations in this regard are:
- A FW who seeks to renew a work permit with the same employer and under the same conditions, is entitled to Maintained Status
- A FW who seeks to renew a work permit with the same employer but under different conditions, is entitled to Maintained Status, however, while waiting for a decision, the FW must continue to comply with the original conditions
- A FW who seeks a work permit with a new employer is entitled to Maintained Status, however, the FW cannot begin working for the new employer until the application is approved
- A FW who seeks an open work permit (after having had an employer-specific work permit) is entitled to Maintained Status, however, the worker cannot start working for a new employer until the renewal is approved
- A FW who seeks to renew an open work permit is entitled to Maintained Status, and the open work permit conditions continue to apply while the application is being processed, and
- A FW on an open work permit who seeks an employer-specific work permit, is entitled to Maintained Status, and the open work permit conditions continue to apply while the application is being processed
The above is also further to recently introduced measures whereby, upon application, applicants are given letters by IRCC confirming their ongoing status, often alleviating ‘peripheral’ issues, such as concerns by employers of the right of a FW to continue to work, and in some cases, the right to ongoing health coverage.
FWs and their employer should be aware of their obligations vis-à-vis maintaining status, and should understand the issues relating to situations that allow FWs to continue to work in cases where their immigration documents have expired, as set out above. Note that employer compliance measures continue to be applicable, even when a FW is on Maintained Status.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.