Aslaug said:
Interesting reading, thanks all.
I'll be re-entering Canada from Australia on the 27th March, with my IEC visa expiring on the 10th April 2017. I'll have my AOR, IMM5710E Open work permit copy, copy of the legislaton and associated paperwork ready for immigration to ask any questions.
My consultant has referred me to section 186 u of the regulation:
A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.
I'll keep you posted on what immigration says.
What you posted is NOT relavant to your situation since you are not applying for the same kind of work permit. IEC work permit and Spousal sponsorship OWP are not the same class and you can not work while you are waiting for your spousal OWP to arrive.
you seem to have missed what i posted and may want to read this for clarification. While you have the right to STAY in canada while your OWP application processes, you DONT have the right to continue working. As Rob mentioned you are NOT renewing your work permit or seeking to work under the same work permit conditions, you are applying for a NEW work permit under DIFFERENT Conditions!
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17
I have applied for a new work permit. Can I stay in Canada if my work permit expires?
<----- being allowed to STAY in canada is not the same as being able to continue WORKING on an expired work permit.
Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:
If you applied for another work permit
<------ this is referencing extending your work permit - which you are NOT doing
You must stay in Canada and meet the conditions of your original work permit.
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.
If you applied for a different kind of permit
<----- this is what you ARE doing - you are applying for a DIFFERENT kind of permit
You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.
but good luck with telling CBSA what you can/can't do. That is for them to tell YOU! And they certainly are not going to care a consultant gave you a print out of rules pertaining to staying in canada as a temp visitor when you are seeking entry into canada 2 weeks prior to your current NON-EXTENDABLE work permit expires. as indicated above - THAT DOES NOT APPLY TO YOUR SITUATION!
I'd be very careful how you tread at the border - you are certainly going to have problems convincing them you are allowed to work while you wait for a new/NON-IEC work permit arrives. and if they think you will try to work illegally while you wait for your work permit to arrive, they will deny you entry and possibly even issue an exclusion order. let us know how that goes.
