IMPLIED STATUS

After the renewal of the territory, the identity expires: Implied Status

Recently, the renewal time in Canada has suddenly become very long. The time for the renewal of the student and the work permit has been more than two months. A problem that was not very much concerned was often raised: if I have already submitted the application for renewal, the new identity Not yet down, the old identity has expired, can I legally stay in Canada?
The answer is yes. At this time, the identity of the applicant belongs to Implied Status. At present, there is no unified translation. It is called “decent identity”.
As long as the applicant submits the renewal application status before the status expires, whether it is the renewal of the visitor identity, the travel signing transfer, the renewal of the study, or the renewal of the work, the legal application can be continued in Canada until the new application is approved.
Applicants can continue to study and work legally under the following circumstances.

The holder of the student visa can continue to study after submitting the application for renewal of the student visa, even if the original identity expires, according to IRPR 189;

189. A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with The conditions, other than the expiry date, set out on the expired study permit.

The holder of the work permit can continue to work after submitting the application for renewal of the work permit, even if the original identity expires, based on IRPR 186(u);

186. A foreign national may work in Canada without a work permit
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit , other than the expiry date;

After graduation, the student can not only work legally during the work permit, but even if the student registration is invalid, the work permit has not been settled after graduation, and can still work legally, based on IRPR 186(w).

186. A foreign national may work in Canada without a work permit
(w) if they are or were the holder of a study permit who has completed their program of study and
(i) they met the requirements set out in paragraph (v), and
(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.

The issue of identity is very serious, so we cite the immigration law to support these views. In fact, the CIC website can easily find an explanation about Implied Status.
For general domestic renewal applications, we recommend that applicants submit them early. Even though the original identity has expired, there is Implied Status, but once the new application is refused, the applicant’s identity in Canada will be invalid immediately and can only be applied for reinstatement. On the other hand, if the original identity of the applicant is still valid when the visa is refused, it is only necessary to resubmit a new renewal application.