Implied Status

In special cases, Immigration, Refugees and Citizenship Canada (IRCC) allow people to continue working after their current study or work permit has expired. This is known as working (or studying and working) on Implied Status. Implied Status allows you to work and employers are able to pay you while you are waiting for your new legal document to be processed (work or study permit). There are a lot of factors that determine whether Implied Status applies. Here are four common scenarios we see at the U of M:

1. Enrolled Student at a designated learning institution has applied to extend their current study permit before it expired (renewing permit or enrolled for more study)

2. Post-graduate work permit in process and applied before current study permit expired

3. The University of Manitoba is extending the contract of a non-Canadian worker and that worker is entitled to extend their work permit - and applied to do so before expiry

4. Employee has a permanent residency application in process and has been advised by the government that they are entitled to a 'bridging open work permit' - and have applied

SUMMARY

The four scenarios above are the most common seen in higher education. There are other less-common situations where Implied Status may apply, but Eligibility to be paid on Implied Status is rather complicated. Hiring managers should not allow people to start working if they are not sure if Implied Status applies. This can lead to the University allowing people to work illegally and this can have serious consequences. Non-Canadian workers must liaise directly their supervisors, not through HR. Hiring managers may contact the Immigration Consultant in Human Resources if none of the four scenarios listed above apply.

If the HR Service Centre is satisfied that Implied Status applies, and have placed a non-Canadian worker on Implied Status, a series of three emails will be start to be sent out to the employee and their supervisor after three months, if the new work or study permit and updated Social Insurance Number have not submitted to HR. It is very important that non-Canadian workers and their supervisors respond to these emails, as payroll can be halted and the position ‘frozen’ if legal documents are not submitted.