IEC visa running out

[Danmcd6]

Hey looking for some information. My IEC visa runs out in 5 weeks, my employer already had an approved LMIA and they applied for a name change to my name. It was submitted on the 23rd sept. What’s my options to continue working and what’s the likely hood of that being through in time.
Thanks in advance

 

[canuck78]

Hey looking for some information. My IEC visa runs out in 5 weeks, my employer already had an approved LMIA and they applied for a name change to my name. It was submitted on the 23rd sept. What’s my options to continue working and what’s the likely hood of that being through in time.
Thanks in advance

There is no name attached to an LMIA. You have to apply for a closed work permit based on the LMIA. IEC does not qualify for implied status if waiting for a new closed WP. You would have to stop working.

 

[Danmcd6]

There is no name attached to an LMIA. You have to apply for a closed work permit based on the LMIA. IEC does not qualify for implied status if waiting for a new closed WP. You would have to stop working.

However the relevant regulation, R.186(u) of the Immigration and Refugee Protection Regulations does not provide any qualifications on implied status or working on implied status:

No permit required
186 A foreign national may work in Canada without a work permit
……
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

Regulation 201 states:

Application for renewal

• 201 (1) A foreign national may apply for the renewal of their work permit if
  • (a) the application is made before their work permit expires; and
  • (b) they have complied with all conditions imposed on their entry into Canada.

This is Canadian law. Im a licensed plumber here, ircc is unwilling to help with my pr application as my crs isn’t scored correctly. Seems to be so contradictory

 

[forevermore76]

However the relevant regulation, R.186(u) of the Immigration and Refugee Protection Regulations does not provide any qualifications on implied status or working on implied status:


Regulation 201 states:


This is Canadian law. Im a licensed plumber here, ircc is unwilling to help with my pr application as my crs isn’t scored correctly. Seems to be so contradictory

As others have said, you don't go on maintained status even if you apply before expiration of your IEC work permit. You can apply for a 2nd IEC if your country of citizenship is on the list.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=926&top=25

Whether you apply for a 2nd IEC(New Application - Cannot be renewed) or LMIA based WP, you cannot work unless you have an approved status which will easily take a few months. You will have no status when your IEC work permit expires, it's a good idea to explore visitor status if you want to remain in Canada while not working.

 

[Danmcd6]

As others have said, you don't go on maintained status even if you apply before expiration of your IEC work permit. You can apply for a 2nd IEC if your country of citizenship is on the list.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=926&top=25

Whether you apply for a 2nd IEC(New Application - Cannot be renewed) or LMIA based WP, you cannot work unless you have an approved status which will easily take a few months. You will have no status when your IEC work permit expires, it's a good idea to explore visitor status if you want to remain in Canada while not working.

Can you send me something in which is actually says that an IEC participant is exempt from the implied status because I have searched online for days and there is nothing that states it.

 

[scylla]

There is no name attached to an LMIA. You have to apply for a closed work permit based on the LMIA. IEC does not qualify for implied status if waiting for a new closed WP. You would have to stop working.

This is wrong. IRCC clarified the rules around IECs and implied status several years ago now. IECs do in fact benefit from implied status.

 

[scylla]

Can you send me something in which is actually says that an IEC participant is exempt from the implied status because I have searched online for days and there is nothing that states it.

This is wrong information. IECs benefit from implied status. The person who responded is several years behind on this rule.

 

[scylla]

As others have said, you don't go on maintained status even if you apply before expiration of your IEC work permit. You can apply for a 2nd IEC if your country of citizenship is on the list.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=926&top=25

Whether you apply for a 2nd IEC(New Application - Cannot be renewed) or LMIA based WP, you cannot work unless you have an approved status which will easily take a few months. You will have no status when your IEC work permit expires, it's a good idea to explore visitor status if you want to remain in Canada while not working.

IRCC clarify the rules around IECs and implied status several years ago now. IECs do in fact benefit from implied status when switching from an IEC to something like a closed work permit.

OP is not looking to switch from one IEC to another IEC. OP is moving to a closed work permit.

 

[Danmcd6]

IRCC clarify the rules around IECs and implied status several years ago now. IECs do in fact benefit from implied status when switching from an IEC to something like a closed work permit.

OP is not looking to switch from one IEC to another IEC. OP is moving to a closed work permit.

Thank you so much for your help!

 

[forevermore76]

IRCC clarify the rules around IECs and implied status several years ago now. IECs do in fact benefit from implied status when switching from an IEC to something like a closed work permit.

OP is not looking to switch from one IEC to another IEC. OP is moving to a closed work permit.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1476

How is it same condition as existing though?

 

[scylla]

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1476

How is it same condition as existing though?

Sorry, I don't understand. That page outlines what I said.

 

[forevermore76]

Sorry, I don't understand. That page outlines what I said.

However, you can only keep working if

• you held a valid work permit when you applied
• you’ll work under the same conditionsof your original work permit
  • for example, you’ll work for the same employer if you have an employer-specific work permit

The "same conditions" is what's muddying it imo. IEC is a unique category and it's not same condition as a closed or open WP. Maybe I'm just reading it wrong.

 

[scylla]

However, you can only keep working if

• you held a valid work permit when you applied
• you’ll work under the same conditionsof your original work permit
  • for example, you’ll work for the same employer if you have an employer-specific work permit

The "same conditions" is what's muddying it imo. IEC is a unique category and it's not same condition as a closed or open WP. Maybe I'm just reading it wrong.

"Same conditions" refers to the IEC conditions. If someone is on a WHV, they have an open work permit and can continue working under these conditions until the new work permit is approved. If someone has a YP, they can continue working for the specific employer named on their YP until the new work permit is approved. Rules are no different than any other class of WP. The same conditions rule applies to other classes of WP as well.

 

[forevermore76]

"Same conditions" refers to the IEC conditions. If someone is on a WHV, they have an open work permit and can continue working under these conditions until the new work permit is approved. If someone has a YP, they can continue working for the specific employer named on their YP until the new work permit is approved. Rules are no different than any other class of WP. The same conditions rule applies to other classes of WP as well.

I stand corrected, thank you.