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Continue working on implied status while PR is in progress

Naryk

Newbie
Aug 25, 2016
2
0
I am an engineer working full time in BC. I am on an IEC open work permit, issued mid-2014. My current visa expires on 11th November this year. I am in the pool for IEC young professional and working holiday categories, waiting to receive invitation to apply for a second round of IEC permit for another 2 years. As an Australian, I can do this, and specifically get additional exceptions/allowances because my first IEC permit was issued pre 2015.

I attempted to apply for PR (with spousal PR application at the same time for my wife) through Federal Express Entry (Federal Skilled Worker) in June (18) but at end of July (27) they cancelled it as incomplete because I missed a Queensland state traffic history report in my application documents. I have a new Express Entry profile and i'm back in the pool, but my points (469) are a little too low to have a good chance of being picked soon. Recent rounds were ~480+.

I applied for BCPNP yesterday, but that can probably take a while to come through. When/if it does, I will have guaranteed pick on the next PR pool round and get an Invitation to Apply again. The timeline isn't looking good for that though.

I want to (and my boss wants me to) continue working in November when my IEC permit expires. Assuming I get picked from the pool for Express Entry and get an ITA, either by merrit of my 469 points or by BCPNP points, -BEFORE- my IEC permit expires, do I have a chance to continue working with implied status or does the first stages of PR not allow me to do this?


Note: I have already read quite a lot of the information on this forum and other people's specific cases, and I see that there is a grey area related to implied status and people on IEC open work permits. My opinion on this, is that the wording, despite being ambiguous, does indicate that if you have applied for a work permit (which in theory, application for PR entails as far as I can tell) then the conditions (as in, who/where you work, what restrictions on industries etc) of your old permit continue in force until a decision is made about the new permit/application. I see a lot of people getting excited about the fact that IEC permits are stand-alone and non-extendable, but that has nothing to do with applying for a different/new work permit, but the rules of implied status allow an expired IEC work permit to remain "valid" past it's expiry until a decision is made on whatever new/alternative arrangement has been decided upon.

So, having said all that, I am still very interested to hear what other options (like, what is a bridging open work permit? Is that useful to me?) exist. I have 2.5 months left to get my stuff together and hopefully get a BC PNP, an ITA for my federal express entry, or a second offer to apply for IEC permit. The timescale is a bit ridiculous for sure - I opened my Federal Express entry profile in January, and got ITA on April 20, submitted PR application on June 18, and it took them 1.5 months (July 27) to tell me that I missed a document and sent me all the way back to having to create a new Express Entry profile. The system is ridiculous, and so many tens of hours of my life were wasted.


//additional rant about my QLD traffic history report issue, and how IRCC handled it
My PR application was cancelled as incomplete because in the fine-print on the help page for Australian Police Check it indicates that QLD or Victoria residents need to provide a traffic report in addition to federal police check. So only 2 out of 9 states+territories of Australia need this additional documentation, how silly. Anyway, none of my document checklists or prompts or application info ever indicated I needed this, so when I submitted I thought it was all good.

When I got the letter 1.5 months later saying they had completely cancelled it because of the missing document, I was furious. Firstly because the required documentation was obscure and hard to find that I needed it in the first place, and secondly because they didn't give me a chance to provide it to them within a given period of time. It literally took me 4 hours after receiving their letter to procure the document they needed for my wife and I. I sent in a case-specific enquiry on the IRCC webform system, asking for a second chance and attached the two traffic history reports. two weeks later they replied saying they received the documents and forwarded them on, and unless someone contacts me, there's nothing I can do.

So in July, I got kicked back to January, essentially, and since my pool round in April when my 469 points was enough to be selected, every round after that has been ABOVE my points, and is likely to remain like this. This means I'm pretty much screwed in terms of waiting to get selected again merely on my current points.

I think the system, as it stands, is broken. I pitty myself and anyone else trying to come to live and work in Canada :(.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,164
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
http://www.cic.gc.ca/english/work/permit/extend/permanent.asp
 

Naryk

Newbie
Aug 25, 2016
2
0
haha, amazing. I actually JUST, like 5 seconds before getting email notification of your reply, found that exact page.

Thanks. It seems I can apply.

edit: Just curious, that information only helps me if I do indeed manage to get an invitation to apply for PR by being selected from the pool?