Being sent back home :o

[silent_yuki]

After finishing my one year stay via working holiday visa, my employer offerred me a work permit and we applied to CIC. For some reason the LMO still hadn't arrived so we attached a letter stating that the LMO will be on its way asap. The first application is rejected stating that there was no LMO present. Fine, fair enough. As soon as we get that letter we send the second application off, with Canada Post tracking. Tracking says it gets there but no answer for 3 months. Give a call to CIC and they state they never received such mail, giving us a fast-track method for cases like this to send them the documents. (which is only supposed to take 10 business days) took over a month to get a response. A letter stating to leave the country because the original attempt now 6 months was rejected. I've got my ticket back home, and ready to leave but now I wonder will I be able to come back into Canada without a problem??

 

[scylla]

It sounds like you were out of status for a period of time. So even if the documentation had reached CIC, your application likely would have been refused.

To answer your question, provided you do leave Canada, you should not have issues returning in the future.

 

[silent_yuki]

Thanks for your response. My employer stated that I should probably stay in my home country for at least 180 days/6 months. Would I need to do this? For everything to clear up?

 

[scylla]

Did you keep working after the expiry of your IEC / working holiday visa?

 

[silent_yuki]

Yes, but thats only because we applied and I was told working while you apply is okay.

 

[PMM]

Hi

Yes, but thats only because we applied and I was told working while you apply is okay.

1. Well you were told wrong. Here is a reply from CIC from a previous IEC holder who thought they had 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.


2. As you worked without authorization, you can't apply for a new work permit until you have remained outside Canada for 6 months.
3. Note the employer will require a new LMO, because they are only valid for 6 months.