Inland Common-law application with Work Permit

[Spontaneoussam]

Hey All!

I am applying for common law sponsorship this week, and including an application for Work Permit at the same time . I am currently on an IEC visa which is valid until 25th April 2018.

As this is only 4 months away, and has potential for the work visa not to clear in time. Can you still continue to work under Implied Status if your IEC is running out soon but you have already submitted your Open Work Permit and PR application without response?

I know you were not able to have implied status under IEC, however if I have submitted the work permit application surly this should be allowed!?

What is the current wait times from experience on the work permit?


I know this has been covered in the past but this applications been updated last year I just needed some up to date info.

Thanks guys!

Sam

 

[KBH]

This is a fairly contested topic. There is no straight answer, people tend to receive conflicting information from immigration lawyers, although the general consensus is no, you cannot work under the implied status - there are many people who do choose to continue working and their employers are none the wiser. It's a personal decision but all the information does point to this not being permitted. Do so at your own risk.

The implied status does give you the right to stay in Canada as a visitor, it just does not necessarily provide you with the legal right to work.

All that being said, if you're submitting your app this week you can likely anticipate having your OWP in approximately 4 months time, so there will only be a very small amount of time where your IEC is expired before you get the OWP.

 

[KBH]

This is the information on the IRCC website that more-or-less condemns working on the implied status from IEC to OWP:

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

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 we decide on your application unless you have applied to extend your stay under another category.

Since the OWP is a completely different work permit/program than IEC, most read this to say that you cannot continue working during the implied status period.

 

[Spontaneoussam]

Great info!

In regards to the open work permit, 4 months would be great, however is this from the application being Recieved or from when they approve stage one? I've been advised that stage one can be 6 months, so would that then be a potential 10 months before I receive a wp?

 

[KBH]

Great info!

In regards to the open work permit, 4 months would be great, however is this from the application being Recieved or from when they approve stage one? I've been advised that stage one can be 6 months, so would that then be a potential 10 months before I receive a wp?

You only have to wait for stage one approval (often called AIP, approval in principle) if you were NOT in status when you applied. Since you will be in status, you can anticipate receiving the OWP about four months from when your application is physically received at IRCC.

 

[Spontaneoussam]

Fantastic news! Thanks!

Sam