Help Needed - Time is Running Out - Should I leave Canada under implied status?

[sipfarms]

I have been in Canada on an IEC which expires in 21st May 2016 and have an open work permit which also expires at that time. I am a registered nurse and have fulltime ongoing employment. I lodged my PR application (family sponsorship - common law) on 18th Feb (after the original was returned because I forget to put in one doc - idiot!) along with a Change Conditions to Extend My Stay Or Remain in Canada As A Worker. I was told that the open work permit can take up to 4 months to be approved which would be 18th June but I can continue to work under implied status while I remain in Canada.
Problem is, I am supposed to be bridesmaid for a wedding back in Australia on 21st May. I need to determine NOW whether to go to the wedding & what consequences that will have on my TRV & working status. The bride needs time to prepare if she isn't going to have a bridesmaid.

My questions are:

Does the application continue to be processed while I'm in Australia so therefore it could be possible that I have approval of my open work permit prior to returning to Canada & therefore, I would still have implied status to re enter successfully & continue working?

If my work permit is still not approved prior to my re entry would I be able to re enter as a visitor until the work permit is approved (should only be max of 3 weeks or so by the time I return)?

If my work permit is still not approved prior to my re entry any chance they would just approve the work permit at POE if I take all my paperwork with me?

I don't want to jeopardise my PR application or work permit by going to the wedding but I don't want to leave my best friend in the lerch either. I need to also speak with my boss & see what implications it will have on my job if I have my two weeks holiday as planned as well as not being able to work for possibly another 3 or 4 weeks until my work permit is approved.

I've been trying to ring the CIC call centre (1888 242 2100) for the last couple of days & I keep getting a message that there is a high volume of calls and then after holding on I have been disconnected each time. I don't know any other number to call or where else to get the information to help me make my decision & time is running out.

Has anyone else been in this situation or can give me some advice as to whether I should go or not?

I'd be really appreciative of any information anyone can give.

 

[scylla]

Whether you go to the wedding or not - you have to stop working when your IEC expires if you don't have your OWP yet. IECs are a special class of visa that don't benefit from implied status and cannot be extended. This means that unlike other classes of work permit, you cannot continue to work legally once the IEC expires and you're waiting for the OWP to be approved. So no matter what you do, it's illegal for you to work between the time your IEC expires and your OWP is approved.

As for leaving Canada, it's typically not recommended for inland applications. However since you are an Aussie, I can't image you'll have any issues returning and re-entering Canada.

If there was such a thing as a time machine then I'd tell you to go back in time and apply outland instead. This is a much better choice for Aussies. But what's done is done.

 

[sipfarms]

Thank you for your quick reply. At the time of applying, I assumed if you were currently living in Canada you had to apply inland, if you lived in another country you had to apply outland. As you say, a time machine would be great. It would have saved much heartache in our Canadian/Aussie relationship.

Can I assume then that the application process does not stop being processed while I'm out of Canada? I can leave & it is possible that I may have approval before I return?

 

[scylla]

Thank you for your quick reply. At the time of applying, I assumed if you were currently living in Canada you had to apply inland, if you lived in another country you had to apply outland. As you say, a time machine would be great. It would have saved much heartache in our Canadian/Aussie relationship.

Can I assume then that the application process does not stop being processed while I'm out of Canada? I can leave & it is possible that I may have approval before I return?

You can apply outland while you are in Canada. Many of us here have applied outland while in Canada. Again, outland is a far better choice for you.

 

[sipfarms]

You can apply outland while you are in Canada. Many of us here have applied outland while in Canada. Again, outland is a far better choice for you.

I have already lodged my PR application so there is nothing I can do about that now. I am concerned about whether the application to change my work permit which was lodged with the PR application will continue to be processed while I'm in Australia. If that process will continue, it should be close to being approved by the time I come back from Australia.

 

[scylla]

I have already lodged my PR application so there is nothing I can do about that now. I am concerned about whether the application to change my work permit which was lodged with the PR application will continue to be processed while I'm in Australia. If that process will continue, it should be close to being approved by the time I come back from Australia.

You're only going to be out for a short trip - so there shouldn't be any issues at all.

 

[volkov]

Whether you go to the wedding or not - you have to stop working when your IEC expires if you don't have your OWP yet. IECs are a special class of visa that don't benefit from implied status and cannot be extended. This means that unlike other classes of work permit, you cannot continue to work legally once the IEC expires and you're waiting for the OWP to be approved. So no matter what you do, it's illegal for you to work between the time your IEC expires and your OWP is approved.

this is incorrect information

 

[scylla]

this is incorrect information

It's completely accurate. It's a well known fact on this forum that IEC visas don't qualify for implied status like other work permits do and this fact has been verified by CIC. Some people chose to ignore this fact and continue working illegally after their IECs expire as if they have implied status to continue working. Anyone who continues working after the IEC expires and before their new work permit is approved has to hope they are lucky and are not caught by CIC. We've had a few forum members who have been caught by CIC and this has caused significant problems for their PR applications (one was even denied landing after being issued a PR visa).

 

[volkov]

It's completely accurate. It's a well known fact on this forum that IEC visas don't qualify for implied status like other work permits do and this fact has been verified by CIC. Some people chose to ignore this fact and continue working illegally after their IECs expire as if they have implied status to continue working. Anyone who continues working after the IEC expires and before their new work permit is approved has to hope they are lucky and are not caught by CIC. We've had a few forum members who have been caught by CIC and this has caused significant problems for their PR applications (one was even denied landing after being issued a PR visa).

"it's completely accurate" "well known fact on this forum" LOL and this forum is an official publication and you are an official interpreter of the current policies at CIC? "verified by CIC" ? I have personally had your interpretation verified as wrong by CIC, as have others

maybe in the past it was interpreted the way the "few forum members who have been caught" experienced if they are indeed telling the whole story or the true story, but that doesn't mean it holds valid for the present time

"facts" need to be proven as such, and what you and many on this forum do is scaremongering based on hearsay and unverified sources

I believe what I hear from CIC directly, not anecdotes and unverified stories from anonymous forum posters

again, I have personally verified this again very recently with a very knowledgable CIC agent and was told with certainty that implied status, and thus the ability to work as permitted in their expiring WP, does indeed cover those that had non-extendable work permits when they apply for a new OWP based on their spousal PR application


anyways, for the OP, I wouldn't trust anonymous sources on the internet (me or anyone else), do your own research and contact the CIC directly yourself, those are the only people that know the real policies

 

[scylla]

You cannot rely on the CIC call centre to answer all but the most basic questions correctly. Questions about implied status and IEC are far too complication for them to get right. These are the same people who have repeatedly told callers that you can only sponsor your spouse outland if they are outside of Canada plus. So it's unfortunately irrelevant what the CIC call centre has told you on this matter.

What you need to obtain is written decisions from actual visa officers handling files who have confirmed implied work status is possible with IEC. We have proof of the opposite in the family sponsorship section of the forum - i.e. direct quotes of full letters from visa officers with decisions confirming that a person cannot continue working after the expiry of their IEC under implied status and that any work engaged in after the expiry of the IEC is illegal work. So that proof is already there and in our hands. If you can provide proof of your opinion - i.e. written proof from a visa officer confirming it's actually legal to work - then we'd have something to discuss as a forum. So far no one has been able to obtain that. All we have is the negative confirmations.

 

[volkov]

I had very clear answers with no hesitation or uncertainty from the CIC agent I spoke to, she even emailed me and put her name and Agent # in the email.

discuss what you want as a forum, I am believing the CIC agent that I spoke to, not any unofficial forum discussion

as to OP, it is up to you who you are going to follow, I know my choice as to whether to follow an anonymous unofficial internet forum vs. direct instructions from CIC officials

 

[Bs65]

Too late for the OP as she has probably already left the country and made her own decisions as she should whether official or not.

Ultimately whatever a call center CIC agent says an IEC work permit expires and cannot be extended those are the rules end of and nobody should be giving other IEC participants any expectation they can continue working on an expired IEC permit in effect illegally. Applying for PR and implied status are a completely separate issue and should not be confused with the IEC status which will expire whatever the outcome of the PR application. If implied status whilst waiting for PR approval supports working then so be it but that is under the PR application not the IEC.

 

[volkov]

Too late for the OP as she has probably already left the country and made her own decisions as she should whether official or not.

Ultimately whatever a call center CIC agent says an IEC work permit expires and cannot be extended those are the rules end of and nobody should be giving other IEC participants any expectation they can continue working on an expired IEC permit in effect illegally. Applying for PR and implied status are a completely separate issue and should not be confused with the IEC status which will expire whatever the outcome of the PR application. If implied status whilst waiting for PR approval supports working then so be it but that is under the PR application not the IEC.

you are right, it is 2 different things and here we are talking about implied status when a new OWP is applied for with PR application

according to CIC agents I have spoken to, when you apply for a new OWP through the PR application while you are legally in Canada on a different kind of work permit, even if it is not extendable, then implied status takes over when that original work permit expires and gives you the same abilities that the original Work Permit gave you, regardless of whether that original work permit was extendable or not, it makes no difference

 

[sipfarms]

you are right, it is 2 different things and here we are talking about implied status when a new OWP is applied for with PR application

according to CIC agents I have spoken to, when you apply for a new OWP through the PR application while you are legally in Canada on a different kind of work permit, even if it is not extendable, then implied status takes over when that original work permit expires and gives you the same abilities that the original Work Permit gave you, regardless of whether that original work permit was extendable or not, it makes no difference

I agree volkov. If I would have remained in Canada I would have continued to work under implied status. All information that I received (via immigration agent, border security officer & CIC) also said that although I was originally on open work permit via IEC because I had applied for OWP extension with PR application I could continue to work under implied status.

 

[sipfarms]

Anyway, just an update on my situation for those needing to leave Canada before OWP approved:

Lodged OWP extension with PR 18 Feb. Left Canada for Australia 7th May & returned today via Vancouver. I applied & was approved ETA online before leaving Australia so that I had a valid visitor permit upon re-entry. Had all my PR & work permit docs with me just in case I had trouble re-entering.

At customs I was asked: Did I have a work permit? No, should hear outcome by 18th June. Where are you living until then? With my partner at such & such address. Is partner Canadian? Yep.

Done. Happy days. Now to see if there's any repercussions to work permit extension or PR application but at least we're back in the same country together & not separated and I can do with a holiday after my short hectic trip home anyway.