Arisnel Mesidor, M.A., RCIC
The government updated the wording of a French term for International Mobility Program
Updated: Jan 13, 2022
On December 14, 2021, the government of Canada updated the wording of the French term ‘statut maintenu’ to the correct term ‘statut conservé’ for the International Mobility Program (IMP). Previously known as ‘statut maintenu’ (implied status) grants an extension for foreign nationals, allowing them to maintain their temporary resident status under the subsection R183(5).
According to the new update, this status has now been changed to the term ‘statut conservé’ (maintained status). However, this extension does not automatically authorize foreign nationals to work while their application for a renewal of their work permit is in progress. The temporary resident must also meet the requirements of paragraph R186 (u) to continue working. Paragraph R186 (u) only applies until a decision is made on the application for renewal of the work permit.
Sub-paragraph R186 (u) allows foreigners to work without a work permit if they:
applied for the renewal of their work permit under article R201 before the expiration of the initial work permit
remained in Canada (which means they did not leave the country physically)
continue to meet the conditions set out in the expired work permit, except for the expiry date
When a foreign national applies to change their residence conditions, extend their stay, or remain in Canada as a worker [IMM 5710], they may submit two applications. Under article R181, the temporary resident submits a request for an "extension of authorization to stay" and under article R201, to "renew work permit". If the application is rejected, the foreign national will have to leave Canada or continue working with the new permit.