如何维持合法身份 How to Get Maintained Status (previously called Implied Status) during Processing
If a visitor, student, or foreign worker applies to extend his or her status before that status expires, he or she can legally remain in Canada until a decision is made on the application. In this situation, the person has maintained status.
If their application is still processing when the previous permit expires, they can still remain in Canada under the same conditions of their previous permit until they receive a decision on their application.
文章内容 Table of Contents
- 根据加拿大移民法 IRPR189 规定：学签持有人在递交学签续签等待审理的过程中，即使原学签过期，依旧可以合法上学。
- 根据加拿大移民法 IRPR186(u) 规定：工签持有人在递交工签续签等待审理的过程中，即使原工签过期，依旧可以合法工作。
- 根据加拿大移民法 IRPR186(w) 规定：留学生毕业后申请毕业后工签等待审批结果期间，即使原学签过期失效，依然可以合法打工。
Under Canadian law, all temporary residents have an automatically imposed condition that they have to leave Canada by the end of their authorized period of stay. However, temporary residents can apply to extend their period of authorized stay before the period ends. Assuming they do so, Canadian law states their period of authorized stay as a temporary resident is automatically extended until a decision is made on their application.
If a temporary resident applies for a renewal of their work or study permit before their existing permit expires, they are authorized to work or study in Canada without a permit under the same conditions until a decision is made on their application and as long as they remain in Canada.
For example, a temporary worker who submits an application to extend his or work permit before it expires can remain in Canada and continue working while awaiting a decision. However, if the temporary worker has applied for a different type of permit — for example, a study permit — he or she must cease working on the date his or her current permit expires.
If the application is approved, the individual (and his or her family, if applicable) may remain in Canada under the conditions of the new permit. The new permit will state the date of issue. This may mean that there is a period between the expiry of one permit and the issue of the next permit. However, this should not pose a problem if the individual should later apply for permanent residence as it is accepted by immigration officers that this period is covered by maintained status. The permit will generally also state that the holder maintained their status until the new permit was issued.
- 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.
- 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;
- 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.
Immigration, Refugees and Citizenship Canada (IRCC) uses Coordinated Universal Time (UTC) around the world to make sure that time is equal for all. As such, all applications must be submitted before midnight UTC on the date the applicant’s status is set to expire. Applications submitted after midnight UTC on the date of expiry results in the applicant losing their right to maintain their status.
It is important to note that maintained status applies only as long as the applicant remains in Canada. If a temporary resident in Canada on maintained status leaves the country, he or she may be permitted to re-enter as a temporary resident Canada if: He or she is exempt from the requirement for a Temporary Resident Visa (TRV); or He or she has a TRV.
However, an individual with maintained status would not be able to resume his or her work or studies (as applicable) until a decision is made on the application for the extension of status. Additionally, he or she may have to provide evidence to the officer at the Port of Entry of sufficient means of financial support while awaiting the decision. It is strongly recommended that anyone under maintained status who leaves Canada brings proof of application for an extension of his or her permit.
In effect, an individual with maintained status (either to work or study) gives up his or her right to work or study upon leaving Canada, until a decision is made on the application to work or study in Canada. For example, if a student who has applied to extend his or her study permit leaves Canada, he or she may be able to re-enter the country. However, he or she would then not be able to resume his or her studies until a decision is made on the application. If he or she had remained in Canada on maintained status, he or she could have continued to study in Canada legally.
隐含身份是什么？What is maintained status?
A person can legally remain in Canada under maintained status if their previous permit for temporary stay has expired, but their application for a new permit is underway. maintained status permits the individual, and his or her family if applicable, to continue living in Canada under the conditions of the expired permit until a decision is made on the application. This generally applies to individuals or families who have applied for an extension of their work permit, study permit, or visitor visa.
是否需要专门提交隐含身份申请？Does a candidate have to submit an application for maintained status?
No. An individual or family who has applied for an extension of a previous permit automatically obtains maintained status upon the expiration of the previous permit, while awaiting a decision on the application.
可以维持多久的隐含身份？How long does maintained status last?
The individual or family may remain on maintained status until a decision is made on the application.
隐含身份期间是否可以合法就业？Can an individual on maintained status still work?
If a temporary worker applies for a work permit extension for the same employer before the expiration of the previous permit, he or she may continue working under the conditions of the previous permit. That means that he or she may still work for the same employer. However, if he or she has applied for a work permit for a different employer, he or she must cease working when the permit expires and await the decision on the application.
隐含身份期间是否可以合法就学？Can an individual on maintained status still study?
If a student applies for a study permit extension before the expiration of the previous permit, he or she can continue studying under the conditions of the previous permit. However, if he or she has applied for a study permit for a different institution, he or she must cease studying when the permit expires and await the decision on the application.
延签申请被拒后隐含身份将会如何？What happens to maintained status if an application is refused?
If an application is refused while the applicant is on maintained status, the applicant will be out of status in Canada. Depending on the situation, the individual may be able to apply for restoration of status.
在隐含状态下离境，是否可以重新返回加拿大？If someone on maintained status leaves Canada, can they re-enter the country?
People who leave Canada while on maintained status may be able to re-enter Canada as temporary residents if they have a multiple-entry visa, or if they are temporary resident visa (TRV)-exempt. If someone from a country that requires a TRV leaves Canada to visit the United States or St Pierre and Miquelon only, he or she is considered TRV-exempt and can return to Canada as a temporary resident.
However, individuals on maintained status in Canada cannot resume work or study after leaving and re-entering the country, until the new permit is issued for work or study. That is, if a student leaves Canada while on maintained status and returns to the country before a decision has been made on the application, he or she will not be able to resume studying.
哪些文件可用以证明加拿大合法隐含身份？What documents are required to prove that someone is legally in Canada on maintained status?
Proof of the application for an extension of a permit is generally accepted as proof of maintained status. If the application was submitted while the individual’s previous permit was valid, the individual remains on maintained status. It is strongly recommended that an individual who leaves Canada while on maintained status carries proof of the submission of the application, to assist with re-entry.
如果递交不同种类的签证申请，是否可以维持原有的签证状态？If the candidate applied for a different permit, can he or she continue the activities allowed by the previous permit while awaiting a decision on the application?
No. If a candidate submits an application for a new work permit for a different employer, he or she must stop working when the previous permit expires. He or she must not work while awaiting a decision on the application for the new work permit. Similarly, if a student submits an application for a new study permit for a different institution, he or she must stop studying when the study permit expires and await the new study permit before resuming the studies assigned on the new permit.
新旧两张许可签发日期与到期日期之间出现的间隔，是否会影响未来申请加拿大永居？Will the apparent gap in the dates between two permits affect a future application for a Canadian Permanent Residence visa?
No. Applicants who have been in Canada on maintained status may have permits that show a gap in the dates between the expiry of the former permit and the issue of the more recent one. However, the renewed permit will generally state that the holder maintained their status until the new permit was issued, thus explaining the gap in dates.
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- 加拿大移民、难民及公民部 Immigration, Refugees and Citizenship Canada（IRCC）