According to this policy, temporary workers whose Work Permits have expired or are about to expire can still maintain their legal residency status while waiting for IRCC to review their application for an extension of their permit. This status is referred to as Maintained/Implied status in Canada.
In the past, when there were no specific regulations regarding this form of maintenance, temporary workers tended to apply continuously twice to continue residing and working legally. For example, in the case of an expired Work Permit without a LMIA or provincial nomination, they would still submit a new Work Permit application to maintain Maintained/Implied status, and then continue to apply for the extension of the remaining Work Permit.
However, after the update on May 28th, IRCC has clarified this issue. IRCC will tend to quickly deny work permit applications if they find that the candidates do not fully meet the requirements but still apply with the intent to maintain their residence status. Of course, any subsequent extension application will also be automatically denied immediately.
In the case that 90 days after the original Work Permit expires and you are officially eligible to be granted a Work Permit (e.g., have LMIA / have a nomination / AOR…), then you will qualify to continue your residency status; otherwise, you must leave Canada immediately upon expiration.
Therefore, the timing of your application is very important if you want to continue to maintain your residency status in Canada. Currently, IRCC uses UTC time to determine the time of application receipt. So, make sure to consider the following factors:
• Submit the application before midnight UTC on the day the current license expires. Apply for renewal before the current license expires.
• Stay in Canadian territory while waiting for the results.
• Do not change the purpose of residence (for example: from studying to traveling) if you want to continue the right to study or work.
If you have any other questions, contact Aimmi right away for more detailed advice!
