Those two grey words "implied status"

[Col3290]

An essay follows:

Okay so any input would be greatly appreciated. I spoke to CIC on the phone yesterday about my situation and whilst they were very helpful and gave me the information that I wanted to hear... I'm not 100% sure that the information was accurate.

I am currently on the Working Holiday IEC visa and Applied for permanent residency under the family class spouse category.

Now I also submitted an open work permit application at the same time as my PR application.

I understand that under the terms of the IEC visa it cannot be extended and therefore Implied status only applies to staying in Canada but not working. However from what I've read Applying for an OWP is applying for a different permit all together therefore it is not technically an extension.. Implied status is applied if you have a work or study permit submitted and paid for but no decision has yet been made. Implied status can be put in place for up to 3 months after expiry of your current work permit..

CIC confirmed 3 times (she even spoke to a supervisor) that I am allowed to carry on working... I still don't know if they're correct or not....

Then there's the SIN issue. My SIN obviously expires on the same day my permit does but again I have read that I only need to provide proof of application and payment of work permit to my employer in order to be eligible to carry on working..

This area is so grey and as of yet I have only read Opinions from people as to where the line falls here.

Because its a new OWP application Is it implied status? Or am I working under the conditions of my current work permit? In which case it cannot be extended.... I'm so confused. Part of me thinks that having CIC confirm that I can is enough.... But if Immigration question me on it and I say yeah I've been working for the last 3 months they might just cancel my applications and kick me out! help please! I have time, My current VISA/SIN doesn't expire til mid July.

Thank you.

 

[PMM]

Hi

An essay follows:

Okay so any input would be greatly appreciated. I spoke to CIC on the phone yesterday about my situation and whilst they were very helpful and gave me the information that I wanted to hear... I'm not 100% sure that the information was accurate.

I am currently on the Working Holiday IEC visa and Applied for permanent residency under the family class spouse category.

Now I also submitted an open work permit application at the same time as my PR application.

I understand that under the terms of the IEC visa it cannot be extended and therefore Implied status only applies to staying in Canada but not working. However from what I've read Applying for an OWP is applying for a different permit all together therefore it is not technically an extension.. Implied status is applied if you have a work or study permit submitted and paid for but no decision has yet been made. Implied status can be put in place for up to 3 months after expiry of your current work permit..

CIC confirmed 3 times (she even spoke to a supervisor) that I am allowed to carry on working... I still don't know if they're correct or not....

Then there's the SIN issue. My SIN obviously expires on the same day my permit does but again I have read that I only need to provide proof of application and payment of work permit to my employer in order to be eligible to carry on working..

This area is so grey and as of yet I have only read Opinions from people as to where the line falls here.

Because its a new OWP application Is it implied status? Or am I working under the conditions of my current work permit? In which case it cannot be extended.... I'm so confused. Part of me thinks that having CIC confirm that I can is enough.... But if Immigration question me on it and I say yeah I've been working for the last 3 months they might just cancel my applications and kick me out! help please! I have time, My current VISA/SIN doesn't expire til mid July.

Thank you.

1. You got the incorrect information from the call centre, as an IEC can't be extended, so you applied for a completely different Spousal work permit with your "in Canada " application, you must stop work. You have implied status (i.e. visitor) until you receive a result for your OWP application.
2. They might have read the definition on the IRCC site

I have applied for a new work permit. Can I stay in Canada if my work permit expires?
Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

• You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.

If you applied for a different kind of permit

• You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.

 

[scylla]

Unfortunately the CIC confirmation gets you nothing - and they give out wrong advice all of the time to the most basic questions. If you end up doing something against the rules - it will be held against you (even if CIC has told you otherwise). Sad but true...

In this case CIC has given you wrong advice. The short answer to your question is that provided you submit the inland application and OWP (and CIC receives the application) before you IEC expires - you'll be able to legally remain in Canada as a visitor. As for working, you will need to stop as soon as your IEC expires and won't be able to start again until you have the approved OWP in hand. Working past the expiry of your IEC is in fact illegal work.

There are a number of people on this forum who have ignored this rule and continued working after the expiry of their IEC. Most of the time when this happens people aren't caught. We've had two cases reported here where people were caught - unfortunately we don't know what ended up happening in the end because they never came back and told us. One person was refused landing after they had already been issued the PR visa (due to working illegally after the expiry of the IEC). The second person ended up having their AIP (first approval) delayed and application sent to the Etobicoke office (this means much longer processing times, more scrutiny and often an interview) - and their OWP also wasn't issued.

So really up to you what you do... Most who work are not caught. But of course no one wants to be the person who is...

 

[Col3290]

Thank you both for your prompt answers, Not the answers I wanted but they're the answers I expected. I don't want to do anything that might cause me issues down the road, so i think I will stay on the right side of the law. However could you link me to your sources on this information cause at the moment its your words against the words of CIC. Although I am inclined to believe you more, I'd still like to be able to read where that rule is printed myself.

Thanks.

 

[scylla]

Thank you both for your prompt answers, Not the answers I wanted but they're the answers I expected. I don't want to do anything that might cause me issues down the road, so i think I will stay on the right side of the law. However could you link me to your sources on this information cause at the moment its your words against the words of CIC. Although I am inclined to believe you more, I'd still like to be able to read where that rule is printed myself.

Thanks.

It's what PMM has quoted above. That's the closest it gets in terms of what is on the CIC web site.

Somewhere on this forum there is text from letters CIC has sent individuals where this rule is spelled out more explicitly and where CIC specifically states that IECs don't benefit from implied status and you cannot work past the expiry date (and to do so is illegally). The text from these letters were provided by the people who continued to work past the expiry date, were caught by CIC and then this caused problems for their applications.

EDIT: Found one of those letters on another forum. See the following link and then read the highlighted text: http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/

 

[Col3290]

I'd be interested to see an updated article on this matter. Again not 100% trusting CIC's word on this but they said on the phone that things have changed dramatically regarding lots of the immigration rules recently including Implied status. I'd like to see a new article that states what everyone is telling me. I followed your link Scylla and It took me to an article from 2014 that has since been removed by CIC. I'd like to read it from the horses mouth. Anyone that knows where to find the original article on the actual CIC website would get themselves on my Christmas list!


I found this information on CIC's site I feel like I'm getting closer. This clearly says that IEC can be extended under certain circumstances: http://www.cic.gc.ca/english/work/extend/iec.asp

EDIT: Just found this beauty:

Link: http://www.cic.gc.ca/english/work/extend/iec.asp

"
How to extend your work permit

1. Read the instruction guide.
2. Complete the work permit application (PDF, 465.94 KB).
3. Include a letter of explanation telling us:
   • that you’re an International Experience Canada participant,
   • you’re applying to extend your work permit, and
   • the reason why you’re applying to extend your permit.
4. Mail your completed application to the address listed in the guide. Do not submit your application online.

If your work permit expires before we process your application, you can keep working in Canada until you receive a decision on your application. This is known as implied status.

You can only extend your work permit once within a single International Experience Canada participation."

I think the rules have changed regarding IEC and I think forums are giving old information to people. Admittedly CIC don't advertise this information well and it took some serious digging.


Thanks

 

[Bs65]

The above is I believe just a process for correcting exceptions for example where an IEC had a invalid expiry date issued versus entitlement or changing employer for YP or Coop participants so would not apply in your case as there is nothing to be corrected for any decision to be made with any interim implied status. Also being a paper application quoted time is 116 days and although implies might be free to apply is likely 100 cdn upfront.

Expect your only option might be to extend stay as a visitor until your PR application is processed given IEC if issued correctly has an end date that cannot be changed.

 

[Rob_TO]

I'd be interested to see an updated article on this matter. Again not 100% trusting CIC's word on this but they said on the phone that things have changed dramatically regarding lots of the immigration rules recently including Implied status. I'd like to see a new article that states what everyone is telling me. I followed your link Scylla and It took me to an article from 2014 that has since been removed by CIC. I'd like to read it from the horses mouth. Anyone that knows where to find the original article on the actual CIC website would get themselves on my Christmas list!


I found this information on CIC's site I feel like I'm getting closer. This clearly says that IEC can be extended under certain circumstances: http://www.cic.gc.ca/english/work/extend/iec.asp

EDIT: Just found this beauty:

Link: http://www.cic.gc.ca/english/work/extend/iec.asp

"
How to extend your work permit

1. Read the instruction guide.
2. Complete the work permit application (PDF, 465.94 KB).
3. Include a letter of explanation telling us:
   • that you’re an International Experience Canada participant,
   • you’re applying to extend your work permit, and
   • the reason why you’re applying to extend your permit.
4. Mail your completed application to the address listed in the guide. Do not submit your application online.

If your work permit expires before we process your application, you can keep working in Canada until you receive a decision on your application. This is known as implied status.

You can only extend your work permit once within a single International Experience Canada participation."

I think the rules have changed regarding IEC and I think forums are giving old information to people. Admittedly CIC don't advertise this information well and it took some serious digging.


Thanks

I'm pretty sure non of this applies to the Working Holiday (Open Work Permit) class of IEC. The "extend once" rule I think is for the Intarntional Co-op and Young Professional classes of IEC only (Closed Work Permits).

i.e. if you actually go into the various "extend your permit" section.
Your job has been extended
You can apply to extend your International Experience Canada work permit if:

• you’re a Young Professional or an International Co-op (Internship) participant,

OTHER
Option 1:
You can submit a new International Experience Canada profile and you may receive another invitation to apply, if

• you’re eligible for International Experience Canada, and
  
  • your country of citizenship allows more than one participation
  
  

Sounds like Working Holiday class of IEC goes under the "Other" category, so would require getting a brand new IEC (not extension of current IEC).

 

[sachin dabra]

Hi everyone,

I have a similar question, i will try to be as less confusing as I can, i have post education open work permit 3 years, which expires next week.
I have 2 jobs, one full time and another one part time( 15 - 20 hours ) . I also have a a CSQ becauese i live in quebec, which still has couple of years left on it before it expires. I have applied for the permanent residence on paper and have received the file number, its been a year.
Now the story begins,
My full time employer applied for a work permit for me , I am LMIA exempt because I have the CSQ. However, i received a closed work permit through my employer, as they applied for it.
So now i hve a valid closed work permit , which expires in 2 years and an open work permit which expires next week.
I want to continue working for my part time job as it pays well, and also m in a project where i might get a great growth in next two months.
Question 1 : can i apply for an open work permit application myself, before my original open work permit expires which is 4th nov 2019 ?
Question 2 : can i keep working my part time job until a decision is made ?
Question : 3 would i be working illegally?
Question 4 : are there any repercussions, if i work for like 60 days over my expired work permit ?

I have called CIC and they have given me mixed responses, and also i have dee0 researched CIC website and looks like I am able to work on implied status, but in this case i also have a closed work permit..

Please please please any replies or inputs will be much appreciated !!!

 

[vensak]

Hi everyone,

I have a similar question, i will try to be as less confusing as I can, i have post education open work permit 3 years, which expires next week.
I have 2 jobs, one full time and another one part time( 15 - 20 hours ) . I also have a a CSQ becauese i live in quebec, which still has couple of years left on it before it expires. I have applied for the permanent residence on paper and have received the file number, its been a year.
Now the story begins,
My full time employer applied for a work permit for me , I am LMIA exempt because I have the CSQ. However, i received a closed work permit through my employer, as they applied for it.
So now i hve a valid closed work permit , which expires in 2 years and an open work permit which expires next week.
I want to continue working for my part time job as it pays well, and also m in a project where i might get a great growth in next two months.
Question 1 : can i apply for an open work permit application myself, before my original open work permit expires which is 4th nov 2019 ?
Question 2 : can i keep working my part time job until a decision is made ?
Question : 3 would i be working illegally?
Question 4 : are there any repercussions, if i work for like 60 days over my expired work permit ?

I have called CIC and they have given me mixed responses, and also i have dee0 researched CIC website and looks like I am able to work on implied status, but in this case i also have a closed work permit..

Please please please any replies or inputs will be much appreciated !!!

If I understand correctly you have just 1 work permit now - the newer closed one. here is what happened. Before your previous OWP expired, there was application for different WP - this time it was the closed one. Once the application was decided and you got the new WP (and activated it of course), the old one is there no more. Despite that originally it was valid for longer.
Wjy? because you can only have one status in Canada at that given moment. so what happened is that you asked to changed that status and it was done.
1. Are you eligible to apply for OWP? If your application is still just with Quebec to get their PNP, then you are not eligible. If it is already on federal stage, then you can apply for BOWP.
2. Until that decision is made you are using your old WP even on implied status of your current valid WP - in your case would be the closed one, once it is activated(the question above was for a specific type of WP that cannot be extended, that is why Implied status was not valid for that person).
3. If you are already using closed work permit, you cannot work for a different company.
4. working for a different company on closed work permit may have the same consequences as Scylla has described above.

 

[sachin dabra]

You almost gave the answer, however, yes my open work permit is valid until Nov 4th,2019, and I was issued a closed work permit on Sep 30, 2019.
CIC said I am able to hold both the work permits, however should stop working by 4th November for my part time job because thats when the OWP expires, because work permit does not cancel each other unless they are both closed work permits.

Now about the PR application, i have got the Quebec PNP which is called CSQ and the file is at the federal stage from one year... BOWP is not applicable in this case because its only valid for people outside of the quebec.


Quebec residents are not eligible for a bridging open work permit. Instead, if you hold a valid Certificat de sélection du Québec, you may be eligible for an employer-specific work permit under Labour Market Exemption code A75, this is from CIC.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html


But when i do the online questionare, it leads me to apply for OWP.. which is really confusing, probably they need to revisit their website..