Hi
LPS said:
It's a persistent myth that because IECs cannot be extended, you aren't entitled to implied status as a worker by applying for a different class of work permit. There are of course compelling reasons to avoid implied status anyway (you can't leave the country, you're not entitled to provincial health coverage, etc).
I suggest you read the following
You can only be on implied status if the work permit you currently have comes under the relevant legislation.
1) Subsection 201(1) is the provision that allows you to extend a work permit.
2) Section 186(u) provides implied status to those work permit holders who have made an application under subsection 201(1).
3) IEC permits cannot be extended therefore 201(1) is not applicable.
4) An IEC permit holder cannot have implied status as provided by 186(u) because they cannot make a valid application under 201(1).
The Temporary Foreign Worker's handbook: http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf
You are on IEC right now, which is a type of TFW, so this handbook applies to you.
2) Open it up to Section 5.22, "Implied Status". That says that if you have applied for a new work permit, you can keep working under the conditions of your old work permit - that is, the conditions of your IEC visa. So, let's look at the conditions of your IEC visa.
3) Open it up to Section 5.34, to the paragraph that begins with "Conditions of Work Permit", and highlight this line:
Quote:
IEC participants may not request to extend their stay under IEC unless the extension is within the original authorized period of stay as per their LOI.
It is explicitly a condition of IEC that you cannot ask for an extension. Implied Status is a type of extension - a temporary extension that is meant to bridge you between your old permit expiring, and your new one being issued.
So, for you to benefit from implied status, you need to have a work permit that can be extended. It says right there, IEC cannot be extended. Because you cannot extend IEC, you cannot benefit from implied status.
Let's say you had a normal TWP which was expiring, and your employer was going through the process of getting you another work permit. TWPs can be extended, so if you apply for a new work permit, you can extend your current TWP to cover you. You are bound by the same conditions as the original TWP for the time you are implied status, until your new WP is issued.
But, you are not on a normal TWP. You are on IEC, which is valid for one year, and one year only, with no extensions. Therefore, because there is nothing to extend, you can't benefit from implied status.
Also the following letter was received from CIC
The following is letter received from CIC regarding implied status. The highlighted portion will be of interest of those on IEC work permits, who continue to think that they can benefit from Implied status to continue working.
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.
