How to submit a YoungProfess (W&H) app without IEC approvl to get implied status

[ronypete]

Hi,

My 1st Work & Holiday visa is about to expire. I ended up only on the waiting list for the second year visa which is in my case called "young professionals". I wish to continue to work for my company as long as I'm on the waiting list but I need an "implied status" for that. I can only attain the "implied status" if I have an application in process. I know that it is possible but I wonder how I actually upload or send this application to CIC? I already created an application in the myCIC account but I need to upload the IEC approval letter which I don't have. I could just upload the waiting list document that they send me instead. This will then be a "doomed" application but along with all the needed documents they will process it for a while and I should have implied status for maybe a few weeks or a month. I just need to have an application in process until I hopefully get this IEC letter, with which I can then properly apply, because I don't want to loose this job as long I'm on the waiting list.
Does that make sense? Does someone has some advice? I'm also wondering what happens to my status if I they refuse this "doomed" application before I have a spot and a proper application in process?

 

[scylla]

Implied status applies to other types of work permits - but unfortunately not to IECs because they can't be extended. Since there's no implied status with IECs, you'll need to stop working as soon as your IEC expires.

 

[ronypete]

It applies to IEC's too as long as you are in your first year and you could get a second one. You get implied status when your first year is over but you have a complete application at CIC and they just havent finished processing it. That is what I'm intending to do. (A laywer said that this works as well as the human ressource department of my company. They just want to see that I payed for an application that is in process. until it is refused I can still work). I'm just not sure how to do this all

 

[zardoz]

But will it be a "complete application" if you haven't uploaded the mandatory document? I suspect that you will be seen as abusing the process and may be playing with fire... Caveat Emptor.

 

[ronypete]

I know, I feel kind of weird doing it. The lawyer said, that it is no problem, it will be refused to 99.9% but its not bad to do that. Maybe some people apply without the approval because they want it so badly I dunno... I'm not sure if I want to do it though. It feel like it might look bad because I'm also waiting for my permanent residency through the sponsorship from my common law partner. Again the lawyer said this is not affecting anything. This is a normal procedure. I guess CIC also knows that people are struggling under the longer wait times and people are trying to make it work until they receive their PR's.

 

[PMM]

Hi

It applies to IEC's too as long as you are in your first year and you could get a second one. You get implied status when your first year is over but you have a complete application at CIC and they just havent finished processing it. That is what I'm intending to do. (A laywer said that this works as well as the human ressource department of my company. They just want to see that I payed for an application that is in process. until it is refused I can still work). I'm just not sure how to do this all

No it doesn't the second IEC is not tied to the first. You can't get implied status with an IEC.

Here is what CIC says.

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.

 

[ronypete]

hm I wonder why the lawyer is saying the opposite. Same as my work. Both of them deal with that issue all the time. My work hires a lot of foreigners with work & holiday visas and this happens apparently quite often as people applied for the their 2nd year or the Young Profess. visa but I also feel like this is all the same category anyway.

I also found this on a CIC website which says something else than in your email:

If you applied for another work permit:
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, even if you have applied to extend your stay under another category of temporary resident.

Link:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=474&t=4

 

[iam_toby]

No it doesn't the second IEC is not tied to the first. You can't get implied status with an IEC.
* 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.

Second that. There's no such thing as implied status for IEC work permit holders, not in the first, second or third year.