Implied Status: Travelling outside Canada

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‘Implied Status’ is the right to continue work after a work permit expiry and while a work permit extension application is pending in Canada. As long as the person has submitted their application prior to the expiration of the current work permit, that person may continue to work in Canada until a decision is made on their extension. There can be some complications though, and caution needs to be exercised.

Who is affected by the changes?

Any organisation with workers in Canada must be aware of the procedures relating to work permit extensions, and the implications of failing to maintain status. As such, this affects any company with workers in Canada, and HR departments (or others responsible for visas or other immigration documents).

What are the risks of failing to comply?

Failure to adhere to the Implied Status guidelines could mean that a foreign worker in Canada goes out of status, and loses the right to work – or even the right to remain in/return to Canada. 

What action is required?

No pro-active action is required immediately. However, corporations with workers in Canada must be able to advise their workers of how and when to renew their work permits, and what they can and can’t do while those extension applications are pending. In particular, those affected must be aware of the consequences of departing Canada (and seeking to return) while in Implied Status.

Further information

For further information or to discuss any of the issues raised, please contact Benjamin A. Kranc at bkranc@kranclaw.com or +1 (416) 977-7500.

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