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IEC application whilst Express Entry application in processing

ATH1

Newbie
Feb 23, 2017
3
0
Hi all,

Bit of a complex situation here that I will try to explain as best as I can.

Me and my spouse are currently in Canada on a two year IEC visa on our UK passports. The IEC work permits expire on June 11. We applied for PR and our AOR is May 10, 2017. We will also be applying for BOWP in the next day or two.

Now I don't have any particular reason to think our PR applications will be rejected however I am nervous about this and want to give ourselves the best possible chance to stay in Canada and work uninterrupted. We both have jobs we like very much and it would be very disappointing for us to have to leave them if our application was turned down. Both employers are more than happy to do whatever it takes to keep us here and working for them.

So I have been thinking of alternative strategies to put in place as a back up in case our application is rejected for some reason or another.

I have an Irish passport, but my spouse doesn't. I believe I am eligible to apply for a second IEC under my Irish passport. I also believe I am eligible under the Young Professionals category with a letter from my current employer. As there are plenty of spaces in this category I would be hopeful of receiving an invite for this fairly quickly. 2 main questions that I am struggling to find the answers to:

1. Am I actually allowed to apply for an IEC whilst I have a PR application pending? I can't see any reason why not. My PR application is ostensibly under the UK passport.

2. I have read in the past that it is possible to obtain an open work permit for a spouse if their partner has a work permit for more than 6 months and is working in a skilled job (NOC 0 A or B). If I get a second IEC I will meet these criteria. From other information it seems as if she may be able to obtain an open work permit on this basis? Any comments would be helpful.

Cheers
 

scylla

VIP Member
Jun 8, 2010
95,905
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your situation is unfortunately more complex than you think. IEC visas don't benefit from implied status. So unless you have a new and approved work permit in hand, you'll need to stop working June 11th.

Yes - you can apply for an IEC with a PR application pending. Nothing stopping you from doing this.
 

ATH1

Newbie
Feb 23, 2017
3
0
Hi Scylla,

Thanks for your reply and good to know we have an option.
 
Last edited:

olgac

Star Member
Nov 14, 2016
124
8
Your situation is unfortunately more complex than you think. IEC visas don't benefit from implied status. So unless you have a new and approved work permit in hand, you'll need to stop working June 11th.

Yes - you can apply for an IEC with a PR application pending. Nothing stopping you from doing this.
That is not true.
If you apply for BOWP before your current work visa expires, you will be in implied status, you don't need to apply again for an IEC, you can still working for the same company in implied status.
 

olgac

Star Member
Nov 14, 2016
124
8
Hi Scylla,

Thanks for your reply and good to know we have an option.
Apply for BOWP, you will be in implied status after 11 June. When you apply for BOWP attache your AOR and work permit and a LOE.
That is all you need.