Spousal Sponsorship IEC "implied status"

[Heather.mckenzie25]

Im sure this has been asked previously but as the rules seem to change from previous posts i thought i would ask

I am currently submitting an application to sponsor my common law partner for PR in Canada, We moved here nearly 2 years ago from scotland (i was born in canada so no visa) my partner got a 2 year IEC visa. We recently submitted his application for both PR and Open work permit. Today the good people at the processing centre returned the application stating that 2 documents were missing, they were actually in the pack we sent so no idea what they are playing at. we will be returning the application in the next day. However, the concern is my partners IEC visa expires in exactly 2 months. If the open work permit doesn't arrive does he have implied status to continue working ?

Any advice would be really helpful

 

[WeegieInOttawa]

No he CANNOT continue working. The IEC is "non extendable". This has been a common issue raised and there is a lot of mixed ideas about if you can continue working or not. You can't. He must stop working at IEC expiry (unless he has a new OWP).

To avoid falling out of status (if the app were to be returned again) he can apply for visitor status before his IEC runs out..right up until the day before actually.

Chances are he won't have the OWP by then.

I would definitely apply for visitor status if you don't hear by his IEC expiry. It's $100 or so but if it's returned again it's a lot more faffing and more cash to restore his status.

 

[Heather.mckenzie25]

No he CANNOT continue working. The IEC is "non extendable". This has been a common issue raised and there is a lot of mixed ideas about if you can continue working or not. You can't. He must stop working at IEC expiry (unless he has a new OWP).

To avoid falling out of status (if the app were to be returned again) he can apply for visitor status before his IEC runs out..right up until the day before actually.

Chances are he won't have the OWP by then.

I would definitely apply for visitor status if you don't hear by his IEC expiry. It's $100 or so but if it's returned again it's a lot more faffing and more cash to restore his status.

Thanks so much for getting back to me, interestingly enough we spoke to two different immigration lawyers (one who deals with visas in my work place and a friends partner) today and both said he could work along as his applications were in process...so confusing there seems to be so much conflicting information out there

 

[canuck78]

No IEC can't be extended and doesn't qualify for implied status. Did you speak with immigration lawyers or just a lawyer? IEc applicants probably don't deal with lawyers because it is young people who can't afford them. Search the forum there are examples of people who assumed they qualified and then got refused and had to restore status and it caused problems.

 

[WeegieInOttawa]

Thanks so much for getting back to me, interestingly enough we spoke to two different immigration lawyers (one who deals with visas in my work place and a friends partner) today and both said he could work along as his applications were in process...so confusing there seems to be so much conflicting information out there

Unfortunately people who should know this stuff don't.

I was in a similar situation a few years ago.. I call CIC and they told me to keep working. I say really, are you sure, can you send me something so I have that in writing.. The rep I spoke to then sent me a link to a page.. Then there. In big red lettering. On the page they sent me. It said that IEC visas are not extendable and do not allow the applicant to work under implied status. That was a few years ago but the rules still apply.

You want good advice and knowledgable useful correct info.. Bookmark this forum!

 

[Heather.mckenzie25]

thanks guys, they were both immigration lawyers...... and my partner went back this morning and was very explicit to check with both that he would have implied following and IEC visa....they both confirmed again today that he would lol feel bad for people that pay for this advice

 

[Rob_TO]

The reason many people think it's fine to work on an expired IEC under "implied" status, is that so few people are caught. So people share stories that they worked on expired IEC, nothing bad happened, so it must be ok to do. For whatever reason IRCC & CRA don't really communicate on these kind of things so most people continue to work on expired IECs and nothing happens. Either CRA doesn't check validity of work permits, and/or IRCC doesn't check if someone is actually working/paying taxes after their permits expire.

Here is another good post on the topic from another forum: https://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/

If I recall there was at least 1 post on this site several years ago of someone who was caught, and had their PR app sent to some other office for special processing. As well I recall an episode of Border Security in which a PR applicant went to US and upon re-entry told CBSA he was working on expired IEC/implied status while waiting for PR, and was told by CBSA that was in fact illegal to do.

Long story short... if you did work on expired IEC odds are you probably won't get caught, but you're taking a big risk to do so no matter what any immigration lawyer or even IRCC call centre employee may tell you otherwise.

 

[canamconnect]

Also some of the confusion comes from types of work visa. IEC holders CANNOT keep working past expiry but the reason so many advise they can is because you CAN do that if you have a regular OWP and have applied for a renewal.

But the IEC visa and OWP are separate. 1 you can do this and 1 you can't. But I would have expected the Immigration lawyers to KNOW this difference. I am with the poster above and feel sorry for people who have paid for this advice.

 

[Ninious]

No he CANNOT continue working. The IEC is "non extendable". This has been a common issue raised and there is a lot of mixed ideas about if you can continue working or not. You can't. He must stop working at IEC expiry (unless he has a new OWP).

To avoid falling out of status (if the app were to be returned again) he can apply for visitor status before his IEC runs out..right up until the day before actually.

Chances are he won't have the OWP by then.

I would definitely apply for visitor status if you don't hear by his IEC expiry. It's $100 or so but if it's returned again it's a lot more faffing and more cash to restore his status.

The initial statement that this individual cannot keep working is incorrect.
If you have an in progress application for any type of PR following from an IEC visa acquires implied status.
This implied status allows you to continue working under the same terms as your IEC visa, but that end date no longer applies. The right to work only terminates after the PR application is either approved or formally denied.

I.e: IEC expires in August. You submitted an application in June (2 months before IEC expires) you can now continue working indefinitely until such a time as your PR application is resolved.

 

[canuck_in_uk]

The initial statement that this individual cannot keep working is incorrect.
If you have an in progress application for any type of PR following from an IEC visa acquires implied status.
This implied status allows you to continue working under the same terms as your IEC visa, but that end date no longer applies. The right to work only terminates after the PR application is either approved or formally denied.

I.e: IEC expires in August. You submitted an application in June (2 months before IEC expires) you can now continue working indefinitely until such a time as your PR application is resolved.

You are responding to a post that is over a year old and created prior to this actually changing.

 

[emionee]

The initial statement that this individual cannot keep working is incorrect.
If you have an in progress application for any type of PR following from an IEC visa acquires implied status.
This implied status allows you to continue working under the same terms as your IEC visa, but that end date no longer applies. The right to work only terminates after the PR application is either approved or formally denied.

I.e: IEC expires in August. You submitted an application in June (2 months before IEC expires) you can now continue working indefinitely until such a time as your PR application is resolved.

hey, do you have any links supporting this?

 

[scylla]

hey, do you have any links supporting this?

IRCC finally published clear rules earlier this year (or late last year?). I don't have the link bookmarked - but it's now clear that those on IECs benefit from implied status.

 

[emionee]

IRCC finally published clear rules earlier this year (or late last year?). I don't have the link bookmarked - but it's now clear that those on IECs benefit from implied status.

Thanks scylla.

I've done further research after posting up here and looks like now IEC is treated like any other work permit.

• https://twitter.com/IEC_EIC/status/1090626176970866689

• I have applied for a new work permit. Can I stay in Canada if my work permit expires? https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17

• My IEC work permit is expiring. Can I stay in Canada if I apply to extend my stay? https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1476&top=25

• work permits and implied status for inland PR applicants:
  https://www.bcimmigration.com/work-permits-and-implied-status-spousal-inland/
  

Apologies for resuming an old post - I just hope this update will be useful to those who search the same topic later on.

This forum has been so resourceful to me, I've submitted my PR yesterday after just 4 months of Canada.