The term “implied status” has been replaced with “maintained status” on TRP web pages.
The government also provided new instructions clarifying the restoration process of temporary resident status. In order to maintain authorization to study or work, an application must be made before the expiration of that status, and the applicant must remain in Canada until a decision has been made on that application.
All applications for visitor records, study permits, and work permits must be submitted electronically. There are exceptions for specific programs that are not available in the online process. You can click here to see the list of programs that are exempt from the mandatory electronic application requirement.
There are some eligibility requirements for restoration of status. However, the applicant must:
apply within 90 days of having lost their status
meet the initial requirements for their stay
remain in Canada until a decision is made
have not failed to comply with any condition imposed automatically by regulation [R183] or by an officer [R185], other than those stated below
have lost their status only because they have failed to comply with any of the following conditions imposed by an officer:
The period authorized for their stay (paragraph R185(a))
The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the type of work, employer and location of work
The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the type of studies or course, educational institution, location of the studies and times and periods of the studies
not be the subject of a declaration under subsection A22.1(1)
continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable
It is important to note that under the IRPA, status and authorization are not the same so an applicant can only restore their status to that of a temporary resident and to the authorization that they held immediately prior to the restoration application.
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