frege said:
No, by "closed" I mean employer-specific, not expired. "Closed" is the opposite of "open."
You say that if you apply to replace an IEC work permit with a new open one (scenario 1), then you're not applying to "renew" your work permit. Presumably you're saying this on the basis that the new open one is a different kind of work permit.
But if you have an employer-specific permit based on an LMO, and you apply to change this to an open work permit (scenario 2), you still get implied status based on the new application. So it must be that in this case you're applying to "renew" your work permit, even though what you're applying for is a completely different kind of permit.
What is the difference between these two cases? You say the difference is that, in scenario 1, an IEC permit isn't extendable. But, even though an LMO-based work permit may be extendable, in scenario 2 you are not applying to extend it; instead you are applying for something new and different.
So my question is why the word "renew", which is the one that appears in section 201(1) of the IRPR, would be applicable in scenario 2 but not in scenario 1.
You are talking about a employer-specific permit based on LMO which is a regular work permit, which is extendable. It is not EIC permit. A different kind of work permit. Don't try to mix IEC into the same "closed" work permit. You are trying to combine IEC into the same category as a regular work permit. If you are going to try to mix IEC into another category, mix it in with PGWP as it follows the same rules requirement as PGWP.
The situation is if your work permit (non eic) expired before applying for inland sponsorship, you basically went out of status and become illegal when your work visa expired to the time your application has been submitted. Once the application is submitted, you are put back under "visitor" implied status since your work visa has expired prior to sponsorship. If your work visa is valid at the time of submittal, you would be under "work implied status" until PR is done. If your work visa expired prior to your sponsorship, you are under "visitor implied status", thus cannot work, even if you submitted your OWP application with the sponsorship papers. You cannot work until you get you status changed from "visitor" status to "OWP" status after AIP.
If you are on valid IEC when you submit your sponsorship, since EIC cannot be extended within Canada and can only be renewed outside Canada with specific countries, you can only work until EIC is expired. This is where the problem lies. After it is expired, you are not a visitor, you became "illegal" but you are not as your sponsorship papers are in process. This is why CIC tells people on IEC to switch to visitor status before IEC expires. If the applicant doesn't do this, this does not give them an excuse to "believe" they have been granted "implied status" under IEC. As far as CIC is concerned, if you didn't switch to visitor before IEC expires, they will see you as a visitor status. They will not give you the benefit of continuing to work after IEC expires because you didn't do your part in switching to visitor after IEC expires.
BTW: effective August 31, IEC is under CIC's jurisdiction now, so they will be no confusing between Foreign Department and Immigration department on how IEC operates. People using the "lack of communication" between Foreign Department and Immigration Department will not be able to use this excuse either to continue working past IEC. Post Graduate Work Permit was under CIC's control all along and now EIC will follow the same rules as PGWP visa holders have to follow.
CIC is not doing the legwork to make sure you are on proper status. That is your job. You got to do the leg work in getting yourself under proper status and under what status you want to be under. CIC is not going to do it for you. They are going to assume worst and put you under "visitor" status whenever they can, whether you like it or not unless you do the work to be put under proper status. IE, submitting sponsorship before work, visitor, study visa expires. If you submit your application, after it expires, you are out of status as a worker, student, visitor until CIC recieve your application and once they do, they will put you under "visitor implied status".
