Three Days. One Refusal. Eleven Years of Status at Risk.
Our client had been working in Canada on a closed work permit tied to a single employer for eleven years. He had renewed successfully three times. On his fourth renewal, IRCC refused — three days before his permit expired.
He received the refusal letter the day before expiry. He had no idea what "implied status" meant, no idea whether he could keep working, and no clear understanding of what would happen next. His employer was asking questions he couldn't answer. He came to us in a state of controlled panic.
Implied Status Is Legal — But Fragile
Under section 183(5) of the Immigration and Refugee Protection Regulations, a person who applies to renew their status before their current permit expires may continue to engage in the same activity under their previous permit while waiting for IRCC's decision. This is "implied status." But implied status has limits: it does not apply if the renewal has been refused.
Once our client's renewal was refused, his implied status ended — and he was now a person without status, legally prohibited from working. The clock was ticking.
Two Applications. Filed Together. The Same Day.
We moved on two fronts simultaneously. First, we filed a restoration of status application. A person who loses status may apply to restore it within 90 days, provided they were in compliance with their conditions up until the loss of status. Our client's implied status had ended at refusal, but the 90-day restoration window had begun.
Second, we recognized that a restoration alone — based on the same closed work permit — would likely face the same hurdle as the initial refusal. We therefore filed a concurrent humanitarian and compassionate application under section 25 of IRPA, which allowed us to present the full context of our client's eleven-year Canadian employment history, his integration into the community, and the hardship a loss of status would cause.
The Refusal Was Defective — and the H&C Record Was Compelling
On the restoration application, we challenged the basis for the original refusal. IRCC had raised concerns about the employer's LMIA status — concerns that were based on outdated records. We submitted updated employer documentation, a reaffirmed job offer, and a letter from the employer's legal counsel confirming ongoing compliance.
On the H&C, we built a comprehensive record: eleven years of tax returns, employment records, community involvement, and evidence that our client's dependent family members in his home country relied on his Canadian income. We also noted the absence of any inadmissibility or criminality, which the jurisprudence treats as a significant positive factor.
Status Restored. Work Permit Issued. 60 Days.
IRCC processed the restoration application and issued a new employer-specific work permit within 60 days. Our client returned to work without interruption — his employer had held his position.
The H&C application continues to be processed as a pathway toward permanent status. Our client is once again in full compliance with his immigration conditions.