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:
First of all, the current study permit must contain the paragraph that the student is authorized to work in Canada. In addition, the hiring manager should ensure that the student applied to extend their study permit before their existing study permit expired. This can be seen by comparing the date of the confirmation letter sent to the applicant by Immigration, Refugees and Citizenship Canada (IRCC) when an application has been submitted with the expiry date on the study permit. If this is confirmed, a copy of the IRCC confirmation letter and the current work permit can be submitted with appointment paperwork and the student may start work on Implied Status. Note that non-Canadian students enrolled at other learning institutions in Winnipeg are limited to twenty hours work on our campus when their course of study is in session. International Students should contact the International Center directly if they have any questions about Implied Status: http://umanitoba.ca/research/international_centre/renewing-permit.html
A student in Canada that has completed their full time course of study (longer than 8 months) and applied for a Post Graduate Work Permit (PGWP) before their Study Permit expired, may be put on Implied Status and paid by an employer until the work permit is issued and the Social Insurance Number (SIN) updated by Service Canada. Students must apply within 90 days of completing their program and can only apply for a PGWP once. When the appointment paperwork is sent to Human Resources by the hiring manager, evidence that the student has applied for a PGWP can be shown by attaching the confirmation letter that IRCC send electronically through the applicant’s MyCIC account when an application has been submitted. Additional proof can be supplied by attaching the receipt for a PGWP that would have been paid online. Finally, the current study permit should be attached to prove that it did not expire before the application was made. In cases where the student did not apply for a PGWP before their work permit expired, they cannot be employed on Implied Status and must wait until the PGWP is issued to them. Students working on Implied Status awaiting their PGWP should not leave Canada after their Study Permit expires. This is because Implied Status no longer applies as a privilege if you leave Canada. If you are an enrolled student and require more information, please contact the International Centre: http://umanitoba.ca/research/international_centre/post-grad-work-permit.html
To be entitled to continue working on Implied Status, the general rule is that the worker applies for their work permit extension before their current work permit expires and that they will be eligible to work under the same immigration program. They may need to work for the same employer, unless it is an ‘open’ work permit. For example, somebody on a spousal open work permit who is accompanying a non-Canadian worker or student, would be entitled to continue working on implied status if they extended their open work permit (as long as their spouse had maintained their status as a student or worker in Canada). However, if an open work permit holder applied for an employer specific work permit for a new role, such as a Postdoctoral Fellow, this does not count as Implied Status if they applied through a new immigration program, such as requiring an LMIA exemption. Non-Canadian workers should liaise with their local supervisors if they have any questions.
Many non-Canadians apply for Permanent Residency in Canada through the Manitoba Provincial Nominee Program (MPNP) or through the federal Express Entry System managed by IRCC. Applicants are only given authorization to apply for a Bridging Open Work Permit (BOWP) when it has been confirmed officially in writing that a full application is in process and that they are entitled to apply. They must apply for their BOWP before their current work or study permit expires in order to continue working under Implied Status. Hiring managers submitting appointment paperwork to HR should attach proof that the non-Canadian has been notified by IRCC or that they are entitled to apply for a Bridging Open Work Permit and proof that their new or extended hire applied before their current work or study permit expired, by attaching a copy of that permit. Please note that the University of Manitoba does not have the resources to assist temporary non-Canadian workers or students with their permanent residency applications. It is the responsibility of each worker or student to provide the necessary documents to their supervisor or to Human Resources for a decision to be made about Implied Status
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.