Changes in Implied Status of 2nd Application
If you’re already on implied status in Canada and planning to file a second application—whether it’s for a study permit, work permit, or other visa category—then you must understand the latest IRCC rule changes effective from May 28, 2025. These changes significantly affect applicants who submit multiple applications while on implied status.
In this blog, we explain what implied status is, how it worked before, what the new rules post-May 28 say, and how they impact your immigration process.
1. What is Implied Status?
Implied Status (also known as Maintained Status) allows you to legally stay in Canada and continue your previous activities (studying, working, etc.) while your application for extension is being processed—as long as you submitted your application before your permit expired.
Example:
You’re on a study permit valid until July 31, 2025. If you apply to extend it on June 18, even if your study permit expires while IRCC is processing the extension, you stay on implied status. You can continue studying until a decision is made.
2. Old System vs. New Rules (Before and After May 28, 2025)
Let’s compare how second applications were handled before and after May 28, 2025.
Before May 28, 2025 – Old Rules:
You could be on implied status from your first application.
If your first application was refused, you still retained status through the second application.
The second application would continue to be processed normally.
You were not automatically considered out of status just because the first was rejected.
After May 28, 2025 – New Rules:
If your first application (which gave you implied status) is refused, the second application is also automatically refused.
You immediately lose status in Canada.
You must now submit a restoration of status along with any future applications.
This change ends the loophole of submitting “dummy applications” to buy time.
3. Real-Life Study Permit Example
Imagine you’re on a valid study permit till July 31, 2025, and you apply for a study permit extension on June 18, 2025.
You’re now on implied status from August 1 onwards.
On August 7, you get accepted into a new program and submit another study permit extension.
This is your second application, submitted while on implied status.
Under Old Rules:
Even if the first application was refused, the second could continue, and you were still in status.
Under New Rules:
If the first application is refused, the second is also refused automatically. You’re now out of status, and must apply for restoration.
4. Real-Life Work Permit Example
You’re on a PGWP valid until April 30, 2025. You submit a dummy open work permit extension on April 25, expecting a refusal but just trying to stay in Canada.
You go on implied status after April 30.
On May 25, you receive an LMIA and submit a closed work permit application.
If submitted on or before May 28:
Even if your dummy first application is refused, you remain in status.
The LMIA-based second application continues.
If submitted after May 28:
If the dummy first application is refused, the second application is also rejected.
You immediately lose status.
Restoration of status becomes mandatory for any future application.
5. Why Did IRCC Change This?
These changes close the loophole many applicants used—submitting low-quality or ineligible first applications just to gain implied status. Now, the base application must be genuine, or any linked second application will also be invalid.
6. What Happens If You’re Out of Status?
If your first and second applications are both refused under the new rules:
You will be out of status immediately.
You can apply for restoration within 90 days.
If you don’t restore your status, you’ll be required to leave Canada.
7. Important Tips to Follow (2025):
Do not submit dummy applications—these will lead to automatic refusal under new rules.
Always file strong, genuine first applications that are likely to be approved.
Consult with immigration professionals before submitting multiple applications.
Understand timing: Applications submitted before May 28, 2025 follow old rules; those after follow the new system.
Track your permit expiry dates and plan applications well in advance.
8. Final Thoughts
If you’re planning a second visa application while on implied status, be extremely careful in 2025. The IRCC rule update from May 28 can result in automatic refusals and immediate loss of status if your first application fails. Don’t take chances with your future—submit quality applications and seek professional advice.
9. Need Help with Your Application?
Globexa Immigration can assist with:
Study visa extensions
PGWP & work permit applications
LMIA-based work permits
Spouse visas and PR
Restoration of status
Contact us on WhatsApp or visit our office for expert immigration assistance.
