Health coverage required for Open Work Permit application?

[jedmonds85]

Hi all,

I am currently on an IEC work permit ending on June 14th 2017. I am married, and am ALMOST ready to send off my application for PR, through the SCLPC (Spousal Sponsorship) program. I am in Canada and, as my current work permit is running out soon, I am simultaneously applying for an Open Work Permit, to continue working while my PR application is being processed.

QUESTION TIME... on the IMM 5556 form (Document checklist for the Open Work Permit application), it says the following:
"If you are a participant in the International Experience Canada (IEC) program, provide proof of health insurance covering the intended extension to your stay in Canada."

Do I need to buy health insurance and send evidence of it with my OWP application? I currently am involved in the IEC program, but am not applying for the IEC. Bit confused!

Many thanks, any help is greatly appreciated!

 

[Ponga]

You cannot continue to work, unless your OWP arrives before your current IEC WP expires...which it will not, unfortunately.

Even though you are in Canada, are you aware that you can submit an Outland application? Depending on your country of citizenship, you might find that the Outland application is substantially faster, even though the OWP is not available. Many from visa exempt countries (U.S. Australia, UK, etc.) have completed the entire process in ~4-6 months.


By submitting the OWP with the Inland application, you will have Implied Status, to legally remain in Canada, but only as a visitor, NOT as a worker.


To answer your question, you do not need insurance, since you are applying for the OWP that is available to Inland applicants for Spousal Sponsorship.

Good luck!

 

[jedmonds85]

Thanks for your reply,

on the CIC website, implied status is described in the following way:

"A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada."

I interpret that as being able to continue working ("the right to continue working or studying under the same conditions..."). Why is this not the case? Is this something specific to the IEC visa?

 

[CDNPR2014]

Thanks for your reply,

on the CIC website, implied status is described in the following way:

"A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada."

I interpret that as being able to continue working ("the right to continue working or studying under the same conditions..."). Why is this not the case? Is this something specific to the IEC visa?

you are not applying to extend your work visa under the same conditions. you are applying for a completely different work permit, under a different program. IEC's can not be extended, so you can't apply to extend your permit under your current conditions. while you may be returning to the same job, that doesn't mean you will be working under the same conditions in IRCC's eyes.

 

[Ponga]

Thanks for your reply,

on the CIC website, implied status is described in the following way:

"A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada."

I interpret that as being able to continue working ("the right to continue working or studying under the same conditions..."). Why is this not the case? Is this something specific to the IEC visa?

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17

Did you read this part:
Yes. You can stay in Canada, and may be able to keep working, under what's called implied status.

And, this:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17

Who can apply for an open work permit?

You may be eligible for an open work permit if you are in one of the following situations:

Permanent residence applicants who have applied to an office in Canada,
Dependent family members of some permanent residence applicants,
Spouses and common-law partners of some workers and international students,
Refugees, refugee claimants, protected persons and their family members,
Some temporary resident permit holders, or
Some young workers participating in special programs.

In each of these situations, you must meet additional criteria to be eligible.



I see that the website was updated just a few days ago, but unless things really have changed...

This has been discussed here, ad nauseam, and the overwhelming consensus is that you cannot continue to work, because:

1. An IEC work permit cannot be extended

2. (more importantly), the OWP that you apply for with an Inland application is NOT an extension of a previous work permit. You are applying for an open work permit in a different category altogether, the SCLPC category.

Suffice to say that this is a very slippery slope!

 

[jedmonds85]

Hmmmmm. That really is going to be an issue......

So does this mean that I need to wait for a decision on the Open Work Permit, and I'll be able to work from the date it gets approved? (IF it gets approved)

 

[CDNPR2014]

Hmmmmm. That really is going to be an issue......

So does this mean that I need to wait for a decision on the Open Work Permit, and I'll be able to work from the date it gets approved? (IF it gets approved)

unless you are currently out of status, there's no reason to assume the spousal OWP would be refused. most spousal sponsorship OWPs are approved without issue. it's very rare for it to be denied. i think technically, you need to wait until you have the permit in hand to start working. i'm not sure the employer will want to risk allowing you to work without proof of the document.

 

[Ponga]

i think technically, you need to wait until you have the permit in hand to start working. i'm not sure the employer will want to risk allowing you to work without proof of the document.

The OP definitely needs to have the OWP in-hand.

It's not only the employer that could be in hot water if the OP continues to work until the OWP arrives. Working without authorization is very serious for the applicant, too!

 

[jedmonds85]

Oh yes I totally agree - I wouldn't want to risk getting in trouble over working illegally, and then losing my chance of Permanent Residence... there are people who have told me that the CRA and IRCC don't communicate with each other, and they know of cases where people have worked on their SIN number after their work permit has expired, and still got the PR without issue. But its a big risk and I guess it's not worth going down that road.

 

[jedmonds85]

OK here's a fresh question...would anyone recommend filing my application for the Open Work Permit online, rather than sending it together with my application for PR? I undersatdn the online application could be processed faster than by post, but can I still do it online seeing as it's tied to my PR application?

Thanks for all the help guys this is really useful info!

 

[lukeaidan97]

I myself am on IEC from the United Kingdom, my application arrived at CPC-M for Inland on April 10th 2017.

The document checklist states that if you are a participant on the International Experience Canada program that you must have health insurance for when your IEC permit expires as when it expires the travel/health insurance is more than likely set to expire as your insurance had to cover your entire IEC period.

If you submit a OWP with your Sponsorship Application yes you get Implied Status as a Visitor and not as a Worker until your new Open Work Permit is issued to you. But the processing time for the Open Work Permit takes around 4 months and should you require medical attention during that time you will not be covered under provincial health plans you will need your own insurance.

I therefore just to be safe signed up with Medavie Blue Cross on a month to month payment basis. It is better to have the insurance than not have it. Just my recommendation.

 

[jedmonds85]

*Update*

I just got off the phone with a CIC agent, who told me that, as long as I apply for the open work permit before my IEC work permit runs out, then I WILL benefit from implied status, and I WILL be able to carry on working as normal until the OWP gets approved (or refused).

I made it very clear that I'd heard the IEC is not eligible for implied status, and she said that's not true, and that the only problem would be if I was applying for another IEC permit, as I've already been given a 2 year permit under that program and I can't be issued another one.

 

[Ponga]

*Update*

I just got off the phone with a CIC agent, who told me that, as long as I apply for the open work permit before my IEC work permit runs out, then I WILL benefit from implied status, and I WILL be able to carry on working as normal until the OWP gets approved (or refused).

I made it very clear that I'd heard the IEC is not eligible for implied status, and she said that's not true, and that the only problem would be if I was applying for another IEC permit, as I've already been given a 2 year permit under that program and I can't be issued another one.

That's great, but the CIC Call Centre is NOTORIOUS for being wrong about things like this!

The OWP associated with an Inland application is, in essence, a specialized OWP and the rules surrounding it (including this very issue) are cryptic at best to the majority of people who answer the phone at CIC Call Centre. The very fact that your existing IEC cannot be extended, tells you that you should not continue to work! This OWP is NOT an extension!!!!!!

There's no reason for us to tell you that you're potentially asking for trouble, if it weren't true. We all want you to have a painless PR approval.

 

[Ponga]

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

Granted, this is not an official immigration site of Canada, but the information was compiled by many people that were in your exact situation.

If you continue to work after your IEC expires, will you get caught? That's the $64k question.

 

[Rob_TO]

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

Granted, this is not an official immigration site of Canada, but the information was compiled by many people that were in your exact situation.

If you continue to work after your IEC expires, will you get caught? That's the $64k question.

There was also the episode of Border Security where someone working on assumed "implied" status of an expired IEC while they applied for some other kind of permit, was told they were working illegally by CBSA.

Not to mention the couple of posters who actually shared their stories here of being caught by IRCC doing this. Although that was many years ago.

It seems like lots of people work on expired IECs under the illusion of implied status, and vast majority don't get caught so don't see any consequence. Guess it's a risk each applicant will need to decide if they want to take.