Regulations 183 (4)(a), (5), 186(u), and 189 of the Immigration and Refugee Protection Regulations, which implement the Immigration and Refugee Protection Act, provide the legal basis for implied status. If a foreign worker, international student, or visitor files an application to extend his (or her) status in Canada, then he/she may remain in Canada on the terms of the original status until Citizenship and Immigration Canada (“CIC”) makes a decision on the extension application.

But an applicant loses the benefits of implied status if he/she leaves Canada while CIC processes the extension application. And as you know some applications take years to process - including spousal sponsorship.

We find it unjustified and cruel to punish everyone in implied status who leaves Canada for a short term (for vacation or to visit family) with losing the status. It carries serious consequences, including losing the ability to work/study legally in Canada and loss of provincial health coverage. In some cases, these people might not even be allowed to come back to Canada. That would then have serious legal consequences for in-land spousal sponsorship applications. Not to mention the human aspect of it - families being torn apart.

We are asking the Federal Government of Canada and the Minister of Citizenship and Immigration to change the legislation in a way that would allow people in implied status to leave Canada while waiting for the decision – whether it is for vacation, shopping south of the border, or to visit their families back home. No one would expect anything less of a free and democratic country like Canada.