Apply Inland after IEC expire keep working and now AIP refuse

[little_apple]

Rob_TO has contributed a lot of helpful information on this issue. I shot him a pm asking if he has any insight for you. Hopefully he'll pop in.

great, thanks a lot. It would be perfect to get something official...

 

[Rob_TO]

Here my case:

I am on my second IEC visa which expires in March 2014.
I applied for PR - family sponsorship common-law through Vienna which will probably be approved in May/June/July 2014.
I will apply for a tourist visa for the time between my IEC visa and my PR because I know I have to stop working after my IEC visa expires.

BUT: My boss wants me to keep working because he thinks I have implied status because I applied for PR. I know that he's wrong and I told him that but he doesn't believe me.
I couldn't find a statement from CIC which makes this clear so that I can print it out and give it to my boss. Does anyone has a link or a general email address from CIC I can write to?

Most of my responses on the subject are in the various pages of this thread. There is CIC verbage that shows you can only get implied working status if you are extending a work permit. Since the IEC is not extendable, you are not applying to extend it... you are applying for a brand new kind of permit - the OWP.

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

Based on all the people that work under an expired IEC because they think they have implied work status, and don't get caught... its obvious that the CIC and SIN departments don't really talk to each other that much. Getting caught seems to be pretty rare. But that doesn't mean its allowed, adn there could be consequences if caught. Same as advising someone to work a job for cash with no work permit... 99% of the time you aren't caught, but it doesn't make it right.

Many people take the risk and get away with it. Whether you do also, is up to you.

 

[little_apple]

Most of my responses on the subject are in the various pages of this thread. There is CIC verbage that shows you can only get implied working status if you are extending a work permit. Since the IEC is not extendable, you are not applying to extend it... you are applying for a brand new kind of permit - the OWP.

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

Based on all the people that work under an expired IEC because they think they have implied work status, and don't get caught... its obvious that the CIC and SIN departments don't really talk to each other that much. Getting caught seems to be pretty rare. But that doesn't mean its allowed, adn there could be consequences if caught. Same as advising someone to work a job for cash with no work permit... 99% of the time you aren't caught, but it doesn't make it right.

Many people take the risk and get away with it. Whether you do also, is up to you.

Thanks Rob_TO. In my case: I haven't even applied for an OWP because I am applying outland. I don't know why my boss thinks I can keep working :

 

[Alurra71]

Thanks Rob_TO. In my case: I haven't even applied for an OWP because I am applying outland. I don't know why my boss thinks I can keep working :

Well, there is your answer. You can tell your boss because you applied outland, there is no such thing as Implied Status, therefore, once your IEC expires, you have NO legal standing in Canada and thus cannot work. I would suggest if you plan to stay in Canada with your spouse though, that before your IEC actually expires, you apply to change the conditions of your stay to visitor. Then you will need to keep that status current until you application is final and you land.

Good luck!

 

[little_apple]

Well, there is your answer. You can tell your boss because you applied outland, there is no such thing as Implied Status, therefore, once your IEC expires, you have NO legal standing in Canada and thus cannot work. I would suggest if you plan to stay in Canada with your spouse though, that before your IEC actually expires, you apply to change the conditions of your stay to visitor. Then you will need to keep that status current until you application is final and you land.

Good luck!

I planned to get an extension as a visitor but I just booked a flight to the USA to visit a friend leaving the day before my IEC expires. So I will re-enter as a tourist a week later. Hopefully they let me in without any problems ;-) Problem solved. I can't continue working because I am leaving the country

 

[PRsoon]

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

------------------------------------------------------------

 

[QuebecOkie]

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

I still wonder about the above. Would an OWP be an extension of the (non-extendable) IEC under the same category.

(For the record, I don't have a dog in this fight; I applied inland with no OWP and am a PR now anyhow. I just ask out of curiosity, and because I appreciate the h*ll out of this forum and want the best available info and discussion here.)

 

[PRsoon]

I still wonder about the above. Would an OWP be an extension of the (non-extendable) IEC under the same category.

(For the record, I don't have a dog in this fight; I applied inland with no OWP and am a PR now anyhow. I just ask out of curiosity, and because I appreciate the h*ll out of this forum and want the best available info and discussion here.)

Me either haha Just trying to finally figure out this issue.

In my opinion, "category" relates to the student category and worker category. I mean that if you are a student applying for a work permit you will not have implied status. But a worker that already possess a work permit can keep its implied status condition. With the exception of International Youth Programs.

 

[Rob_TO]

I still wonder about the above. Would an OWP be an extension of the (non-extendable) IEC under the same category.

No it's not considered an extension. The post right above yours states it pretty directly.

Not to mention people have been caught by CIC working illegally under an expired IEC that they thought had implied status.

 

[screech339]

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

------------------------------------------------------------

This letter basically confirmed that IEC cannot get implied status. Where is JamesDavid when you needed him? Wonder what he will have to say about this?

However like PRsoon said, this is for those on IEC visa. I would love to see someone send in a question to CIC or gotten an official letter from CIC on PGWP.

Screech339

 

[Alurra71]

This letter basically confirmed that IEC cannot get implied status. Where is JamesDavid when you needed him? Wonder what he will have to say about this?

However like PRsoon said, this is for those on IEC visa. I would love to see someone send in a question to CIC or gotten an official letter from CIC on PGWP.

Screech339

I did some looking yesterday regarding PGWP, Screech. What I found I can see how you might get conflicting responses from CIC call center. A PGWP CAN be extended, but ONLY if you are waiting on a CEC immigration application to be finalized, not in the family class stream. Since the call center has to deal with multiple types, they should be clarifying with the caller which stream they indeed applied in. The information given then can be more accurate. Anyway here is the link I found if you wish to look and see if you interpret it differently:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=676&t=6

 

[screech339]

I did some looking yesterday regarding PGWP, Screech. What I found I can see how you might get conflicting responses from CIC call center. A PGWP CAN be extended, but ONLY if you are waiting on a CEC immigration application to be finalized, not in the family class stream. Since the call center has to deal with multiple types, they should be clarifying with the caller which stream they indeed applied in. The information given then can be more accurate. Anyway here is the link I found if you wish to look and see if you interpret it differently:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=676&t=6

The key word in the link is "BRIDGING". You can apply for a bridging open work permit for PWGP to continue working past expire date. When you submit your OWP with application, you are not applying for a bridging open work permit. You are applying for a Open work Permit. I do believe they are two different processes?

Screech339

 

[Line.a]

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

------------------------------------------------------------

This makes me feel good. Because I actually started doubting myself after reading through all this and listening to JamesDavid. I am so glad I stopped working when I was supposed to, It just makes common sense that IEC participants cannot work after it expires, you'd need to apply for a young professionals visa which is a little different to the IEC.

 

[PRsoon]

This letter basically confirmed that IEC cannot get implied status. Where is JamesDavid when you needed him? Wonder what he will have to say about this?

However like PRsoon said, this is for those on IEC visa. I would love to see someone send in a question to CIC or gotten an official letter from CIC on PGWP.

Screech339

Note: I got this email after I called CIC and asked (a couple of times) if someone can work under implied status after its PGWP expires. The answer by phone was YES.

It looks like they don't have any standard written message specific to PGWP. But the CIC call center agent said that if I needed proof of implied status I could call CIC again together with my employer and confirm the information by phone.

 

[little_apple]

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

------------------------------------------------------------

Another question: My IEC expires in March 2014 and my PR will be approved by late spring, early summer 2014 - probably. I want to stay in Canada as a tourist, without working of course.
First I thought I apply for my extension online. Then I decided to book a flight to the USA and back to visit a friend.
Now even I am from Germany (visa exempt) and have enough funds for several months to live without working, I'm afraid that the Canadian officer won't let me re-enter as a tourist. Maybe I'm a little paranoid about it ;-)

So if I would apply for an extension online, travel to the USA and come back with my visa extension, I won't have problems or less to re-enter because I "only" traveled to the USA?