Eligibility for Work Permit with Marketing Background?

[canadanzcouple]

Hi everyone, I really appreciate your time and help.

My Background and Status:

I am from New Zealand, currently living in Vancouver BC with my Canadian born girlfriend of three years.
I am here on a 1 year working holiday visa (IEC), which expires in March 2014.
I am full time employed, working in marketing.

My Intention:

I would like to continue working in Vancouver.

Questions:

1. How long does it take for work sponsorship to be processed?
2. Would I be able to continue working (under implied status) while my application is being processed?
3. What are my chances of being sponsored through my company? My employer will likely do whatever they can to keep me, but it appears my line of work is exempt from FSW and CEC sponsorship. My company has just begun retailing to Australia and New Zealand, and my boss would do his best to argue that this is why I am indispensable.

 

[scylla]

1. A few months for the LMO and then a bit more time for the work permit unless you flagpole.

2. No. IEC visas are non extendable - therefore no implied status.

3. Very hard to say without knowing what you actually do.

 

[scylla]

Just to add... Your boss should not be aiming to prove that you are indispensable. He needs to prove that no Canadian could be found for the role. Given the timelines, hopefully they have started advertising the job already since this is mandatory for LMO approval.

 

[canadanzcouple]

1. A few months for the LMO and then a bit more time for the work permit unless you flagpole.

2. No. IEC visas are non extendable - therefore no implied status.

3. Very hard to say without knowing what you actually do.

Oh dear... Regarding #2, what if I get sponsored through my girlfriend (we have lived together for 3 years), and apply for an open work permit at the same time I apply for common law visa? Can I continue working?

 

[scylla]

Oh dear... Regarding #2, what if I get sponsored through my girlfriend (we have lived together for 3 years), and apply for an open work permit at the same time I apply for common law visa? Can I continue working?

Answer is still no. Again, IECs cannot be extended and therefore don't benefit from implied status.

Note that people will tell you otherwise (i.e. that implied status does in fact apply to your situation). Unfortunately this seems to be a very common misunderstanding. We've seen at least two members of the forum run into very serious issues by assuming they were under implied status post-IEC. They were in fact working illegally - a fact that has now been painfully pointed out by CIC and caused a whole host of problems for them.

 

[canadanzcouple]

I was told by a CIC agent that because I am applying for a different visa (OWP), and not the IEC visa, I am not extending the IEC and thus do benefit from implied status?

Is the agent incorrect?

 

[scylla]

I was told by a CIC agent that because I am applying for a different visa (OWP), and not the IEC visa, I am not extending the IEC and thus do benefit from implied status?

Is the agent incorrect?

Agent is wrong. Unfortunately we do see quite a few wrong answers from CIC agents on here.

Again, we have people on this forum with first hand experience where they were in the exact situation you described above - and CIC is now saying they worked illegally which has compromised their application.

 

[PMM]

Hi

Agent is wrong. Unfortunately we do see quite a few wrong answers from CIC agents on here.

Again, we have people on this forum with first hand experience where they were in the exact situation you described above - and CIC is now saying they worked illegally which has compromised their application.

Here is a letter received from CIC regarding implied status and IEC.

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.

**Including its Territories and Possessions.

 

[scylla]

Thanks PMM! Helpful as always.

 

[EddieTNZ]

Thanks PMM! Helpful as always.

This is the OP, logged in under a different login name. Very helpful but terrible news...

So I guess my only other way to stay and work is to have my company sponsor me... I work in marketing (I look after the NZ market since that is where I am from). Do you think my company would be able to sponsor me, since they could say that no one in Canada knows the NZ market like I do?

My company has not yet applied for an LMO as I have just found out common law isn't going to work. My visa expires in March. Am I going to be too late to apply and keep working?

 

[scylla]

If your company kicks off the LMO process immediately (i.e. starts with the advertising now), then there is certainly still a chance you can make it. Let's say they meet the advertising requirement by very early January and apply for the LMO right away - and the LMO is approved by the end of Feb. If this happens, then you can flagpole (drive to a Canada/US land border crossing) to get your new work permit before your IEC expires and can then keep working.

I have no idea if the LMO will be approved. But your company can certainly try.

 

[EddieTNZ]

I find it odd that the post above with the copy from CIC can't be found anywhere else on google aside from in this forum (and one other forum). If this is the law, then surely you would be able to find it somewhere when doing a google search?

This here you find directly on the CIC website:

Open Work Permit – Sponsorship of a Spouse or Common-Law Partner in Canada

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

 

[scylla]

Agreed it's not clearly spelled out. But the rule exists all the same. If you want to see what happened to someone in your situation who continued working after their IEC visa expired and what impact it had on their inland PR application, I'd suggest that you read through this thread:

http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

 

[EddieTNZ]

* 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.

I spoke with a CIC call center agent earlier, asking them to explain how the above statement applies. They said, "if applying to extend an IEC visa or apply for your second IEC visa (if applicable to your originating country), you will NOT have implied status to continue working while this IEC visa is being approved. However, if you are applying for a new OWP along with PR, you WILL have implied status and can continue to work with your current company until your PR application is approved in principle (approx. 1 year later).

Agreed it's not clearly spelled out. But the rule exists all the same. If you want to see what happened to someone in your situation who continued working after their IEC visa expired and what impact it had on their inland PR application, I'd suggest that you read through this thread:

http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

I do understand that this case sounds identical to the thread above, it is just hard to believe that every single agent we have spoken to has told me I will be able to continue working. I will call them again and email the agent the above thread. Hopefully I can get a more definitive response.

Cheers

 

[Jamesdavid3]

"I spoke with a CIC call center agent earlier, asking them to explain how the above statement applies. They said, "if applying to extend an IEC visa or apply for your second IEC visa (if applicable to your originating country), you will NOT have implied status to continue working while this IEC visa is being approved. However, if you are applying for a new OWP along with PR, you WILL have implied status and can continue to work with your current company until your PR application is approved in principle (approx. 1 year later)."[
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This is exactly what I am doing and many others which I know who are doing the same.

We are NOT EXTENDING the IEC visa we have simply found a loophole to keep working since we have applied for a new VISA and OWP before our current one expired...

Even if that agent confirmed it that sounds golden to me, I am currently working and my IEC expired on Jan 5th, I sent off my application and OWP on the 30th.