Apply Inland after IEC expire keep working and now AIP refuse

[screech339]

I believe the logic behind "the implied status" to work, study, visitor visas is that they can be renewed, over and over, extended over and over. So why have those on these visa pay the extra money to extend the current status unless they want to change status to a different visa. IEC and Post graduate work permits are not extendable. It can only be used once. Key words here "USED ONCE" as in you cannot reapply for it or extend it. This is why I believe IEC and PGWP cannot get "implied status".

So James I hope you get this around your head and accept that you cannot work pass IEC expired visa date. Otherwise, no matter how you reason yourself or try to convince others, you are working illegally, cash only or otherwise, if you try to contnue working pass the visa's expired date.

Screech339

 

[frege]

Notes from my Lawyer.
"More important, even if you don't get the open work permit before the expiry of your current IEC visa, you would be able to continue to work legally. There is a provision of the Immigration and Refugee Protection Act that says explicitly that anyone who has applied for a new work permit before the expiry of their current work permit is allowed to continue working until a decision has been made about their application for a new work permit. This is called "implied status." Because you had submitted an open work permit application with your sponsorship application, you would have implied status as a worker after the expiry of your current IEC visa."

The provision is paragraph 186(u) of the Immigration and Refugee Protection Regulations.

186. A foreign national may work in Canada without a work permit

[...]

(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

201. (1) A foreign national may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.

This seems pretty clear to me. Is anybody interested in trying to explain how to square this language with the idea that IEC permit holders aren't eligible for implied status?

 

[zardoz]

Well, 201 goes out of the window on the basis that IEC cannot be "renewed". You can apply again for a new IEC but not extend the wp associated with the previous IEC.

 

[frege]

Here is what the High Commission in London has to say:

5. I am currently in Canada with a work permit issued under the IEC initiative. My employer would like me to continue working after the permit expires. Is this possible? What should I do?

You may not work in Canada without holding a valid work permit. A work permit issued under the IEC initiative cannot be renewed or extended, so one possibility remains:

If you wish to extend your stay in Canada under Citizenship and Immigration Canada's Temporary Foreign Workers Program, you must apply for a work permit at least 30 days before the expiry date of your current work permit under the IEC.

Go to Citizenship and Immigration Canada or call 1-888-242-2100 to check the requirements for changing the conditions of your permit or extending your stay in Canada. You should make your inquiries after entry to Canada, while your current work permit is still valid.

Source: http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/faq.aspx?view=d#uk3-5

Edit: Granted, this doesn't say explicitly that implied status would be applicable. But who can get a brand new work permit in thirty days?

 

[frege]

Well, 201 goes out of the window on the basis that IEC cannot be "renewed". You can apply again for a new IEC but not extend the wp associated with the previous IEC.

Yes, but it is the work permit that is being renewed, not the visa.

For example, if you hold an employer-specific work permit, and you apply for an OWP, that is a completely different kind of work permit. So according to your logic, this could not be considered a "renewal." Yet implied status clearly exists in this case.

 

[zardoz]

Look at http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf ssection 11.2.

 

[oh101]

The provision is paragraph 186(u) of the Immigration and Refugee Protection Regulations.

This seems pretty clear to me. Is anybody interested in trying to explain how to square this language with the idea that IEC permit holders aren't eligible for implied status?

I can explained this to you since I was argument this matter with CIC Call Centre and Case officer response to this matter.

"(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date."

one of the conditions set on IEC work permit is IEC work permit is non extendable, non renewal. This condition is on the application of letter of introduction and applicant have to signed to accept these condition before IEC letter of introduction was issued.

In the letter of introduction also mention that you can change to visitor status after IEC work permit expire but not renewal the work permit.

and the rest of the detail you can see on this topic page 2


From what I understand is
This condition are similar to PGWP that is not extendable, non renewal
and for the moment I think They maybe more strict about this and they are maybe using magnifying glass to check up your application and try to ding you any possible cause.

It's doesn't make sense for me either but if anyone have a good argument please let me know I may want to try it one more time.

 

[frege]

I can explained this to you since I was argument this matter with CIC Call Centre and Case officer response to this matter.

"(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date."

one of the conditions set on IEC work permit is IEC work permit is non extendable, non renewal. This condition is on the application of letter of introduction and applicant have to signed to accept these condition before IEC letter of introduction was issued.

In the letter of introduction also mention that you can change to visitor status after IEC work permit expire but not renewal the work permit.

and the rest of the detail you can see on this topic page 2


From what I understand is
This condition are similar to PGWP that is not extendable, non renewal
and for the moment I think They maybe more strict about this and they are maybe using magnifying glass to check up your application and try to ding you any possible cause.

It's doesn't make sense for me either but if anyone have a good argument please let me know I may want to try it one more time.

Well, the condition you're describing, about the work permit being non-renewable, doesn't change the fact that the only condition not respected if you continued to work was the expiry date.

 

[frege]

Look at http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf ssection 11.2.

What language are you referring to specifically?

In any event, it can't supersede the regulations.

 

[Line.a]

I am still so confused.. This whole deal is confusing alright.

 

[frege]

I am still so confused.. This whole deal is confusing alright.

Yes, based on experiences described by a bunch of people on the forum, it seems CIC has been applying the rules in a way that, in my opinion at least, runs contrary to the language of the Regulations.

I think the question is, is there inconsistency within CIC itself on this matter, and what would happen in the event of a legal challenge?

 

[oh101]

Well, the condition you're describing, about the work permit being non-renewable, doesn't change the fact that the only condition not respected if you continued to work was the expiry date.

Please Advise me.
What should I say to Case officer? Can I tell them that you make a wrong decision as per .........?
If you have any reference for me would be greatly appreciate.

I really feel pissed off with this. If this is on Implied status. Why the case officer transfer this case without AIP?

Maybe have to get somebody to sue CIC and ask them to write a clear instruction.
Because what I understand is before they are refuse something they need to go through a brunch of people such a supervisor or something. It's not make sense for me really if they make a error.

 

[frege]

Please Advise me.
What should I say to Case officer? Can I tell them that you make a wrong decision as per .........?
If you have any reference for me would be greatly appreciate.

I really feel pissed off with this. If this is on Implied status. Why the case officer transfer this case without AIP?

But the thing is is quite make sense for me that implied status not applied to those on IEC permit.

I would say, talk to a lawyer about it. Probably, if CIC chooses to delay processing for some time, there's not too much you can do. But if they're investigating you for non-compliance, you'll want legal advice.

One option might be to apply outland, depending on processing times in your country. This IEC problem probably can't be held against you any more after you leave the country.

 

[oh101]

I would say, talk to a lawyer about it. Probably, if CIC chooses to delay processing for some time, there's not too much you can do. But if they're investigating you for non-compliance, you'll want legal advice.

One option might be to apply outland, depending on processing times in your country. This IEC problem probably can't be held against you any more after you leave the country.

Yeah. I told her that she should withdrawn this application and apply again outland. (This case is happen to my friend)
But she quite mad right now. And you know what when British women get mad is quite scary. ???

 

[oh101]

I am still so confused.. This whole deal is confusing alright.

You case is fine, don't need to worry about it.