如何维持合法身份 How to Get Maintained Status (previously called Implied Status) during Processing

如果访客、学生或外籍劳工在合法临时居民身份到期前申请延期，在获得批复前，申请人可以合法留在加拿大。等待期间，申请人既具备合法隐含身份。

如果续签的申请在之前的签证许可到期时，仍处于处理状态；则申请人仍能在收到最终批复前，保持与之前的许可相同的条件留在加拿大。

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.

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文章内容 Table of Contents

隐含身份概览 Maintained Status Overview

加拿大法律规定，所有临时居民身份都附有一个强制性条款，即必须在许可或签证到期时离开加拿大。然而，临时居民可以在合法身份到期前申请延期。但是只要临时居民递交延签申请，其合法居留期将自动延长至政府做出最终批复。持有学习许可或工作许可的临时居民，只要在许可到期前递交延期申请，即可在没有许可的情况下按原有的学习或工作状态继续留在加拿大，直至延期申请得到批复。

例如，工签持有人在其工作许可到期前递交延期申请，即可在新的工签批复前继续留在加拿大合法就业。但是，如果工签持有人申请了学签等不同类型的许可，则必须在工签到期时停止工作。如果延期申请获批，新的许可会注明签发日期，申请人即可在新许可的规定条件下继续留在加拿大。故此，从旧许可到期至新许可签发，之间会有一段空白时间。如果在未来申请永居身份，移民官会将这段空白期定性为被合法隐含身份覆盖，因而不会构成任何问题。

  • 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.

递交日期与时间标准 Date and time of application

加拿大移民部使用协调世界时（UTC）作为标准，以确保来自全球范围内申请递交时间的统一性。因此，所有延期申请都必须在合法身份过期当日的协调世界时午夜之前提交。之后提交延期申请会导致申请人失去维持其原有合法身份的权利。

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.

隐含身份期间离境 Leaving Canada while on maintained status

需要注意的是，隐含身份状态仅在申请人留在加拿大境内适用。如果在隐含身份期间离境，则在符合免签入境国居民，或持有有效入境签证（TRV）的情况下，可以重新以访客身份入境。然而，如果一个处于隐含身份状态下的申请人重新入境，在其身份延期申请决定做出之前将无法恢复其工作或学习状态。此外，还需要向边境管理官员提供等待审批期间足以支持自己生活基本需求的资金证明。因此我们强烈建议任何处于隐含身份状态下离境加拿大的申请人，入境时随身携带其已递交延期申请的证明。

实际上，无论是处于工作或学习的隐含身份状态下的延签申请人，一旦离开加拿大，就放弃了在加拿大工作或学习的权利，直至其工作或学习许可申请做出决定为止。例如，一名国际学生递交延长其学习许可申请后离开加拿大，除非政府对其延期申请做出批复，否则在重新返回加拿大后无法恢复学习。如果在此期间留在加拿大，则可以继续合法就学。

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.

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隐含身份常见问题 Frequently Asked Questions

隐含身份是什么？What is maintained status?

如果在之前的临时居留许可过期前，递交新许可的延期申请，则申请人可以在维持其原有许可的状态下合法留在加拿大，直至新的许可申请得到批复。通常适用于学习许可、工作许可或访问签证的续签。

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?

不需要。申请人无需专门递交申请以获得隐含身份。当其在现有工作许可、学习许可或访问签证到期前递交新的延期申请，即可自动获得隐含身份；维持其原有合法身份继续在加拿大工作、学习或居住。

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?

递交延签的申请人，可以维持其隐含身份直至政府针对其许可延期做出最终批复。

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?

如果某临时外籍劳工通过特定加拿大雇主获批的封闭式工签到期，则其在递交工签延期申请期间可以为同一雇主工作。如果其通过另一雇主递交新的封闭式工签申请，则其必须在原工签到期时立刻停止工作，并等待新的工签批复。

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?

如果某国际学生在原有的学习许可到期前申请延期，则可以在保持其原有学签规定的状态下继续就学。但如果转学并申请新的学习许可，则必须在原学签到期时立刻停止学习，并等待新的学签批复。

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?

如果在隐含身份期间延签申请被拒，申请人将立刻失去加拿大的合法身份。根据具体情况，可能需要递交新的申请或申请身份恢复。

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?

如果申请人持有有效多次入境签证或属于免签国居民，并在其隐含身份状态、等待延签申请审批期间离境，则可以以访客身份返回加拿大。如果非免签国居民离境后只访问美国或圣皮埃尔和密克隆群岛，则可以被视为免签国居民直接返回加拿大。

但是，申请人以隐含身份离境并返回后，在延签申请得到批复前，不能恢复其工作或学习状态。例如，处于隐含身份状态的国际留学生离境并返回加拿大后，在新的学签得到批复前无法继续就学。

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?

不能。如果封闭式工签持有人递交与雇主绑定的工签申请，或学签持有人转学后递交新的学签申请；则他们在原有工签或学签到期时，必须立刻停止工作或学习，直至新的工签或学签得到明确批复。

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?

不会。以隐含身份居住在加拿大的申请人，可能出现前一个许可到期日期与后一个许可签发日期之间存在时间差。更新后的许可通常会标明持有人在新许可签发之前保持合法身份，从而解释日期上的间隔。

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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