IEC and implied status? and what'll happen next

[angeland]

My current WP will expire by end of April and my LMO results has no way to be seen before the deadline.

My intended approach is to apply for WP with the file number of my LMO, so that I can get the implied status to continue to work.
But I learn from a fellow forum member that CIC will reject the WP application very soon since the new WP can't be processed without a +ve LMO.
The 'implied status' period from online WP application to rejection letter issued can be as short as 2 weeks.

My question is, if CIC rejects my WP application, I have to restore my status as a visitor and wait for the results of LMO.
if I got a +ve LMO, then I have to apply for work permit again, do I get it right?

 

[Carlaganda23]

Re: How long will implied status last, and what'll happen next?

My current WP will expire by end of April and my LMO results has no way to be seen before the deadline.

My intended approach is to apply for WP with the file number of my LMO, so that I can get the implied status to continue to work.
But I learn from a fellow forum member that CIC will reject the WP application very soon since the new WP can't be processed without a +ve LMO.
The 'implied status' period from online WP application to rejection letter issued can be as short as 2 weeks.

My question is, if CIC rejects my WP application, I have to restore my status as a visitor and wait for the results of LMO.
if I got a +ve LMO, then I have to apply for work permit again, do I get it right?

Hi,

Yes change your status to visitor after your restoration status.If your extension was refused, you have 90 days to restore it and that's the time for you to change your status to visitor so you will not get out of status. It is better for you to apply a Paper Application since the processing takes like 60 days right now. You have an ample of time to wait for your LMO.

Goodluck!

 

[angeland]

Re: How long will implied status last, and what'll happen next?

Hi,

Yes change your status to visitor after your restoration status.If your extension was refused, you have 90 days to restore it and that's the time for you to change your status to visitor so you will not get out of status. It is better for you to apply a Paper Application since the processing takes like 60 days right now. You have an ample of time to wait for your LMO.

Goodluck!

Thanks for the good wish!

How much earlier I should apply for a Paper Application before current WP expires? (I haven't got the file number of LMO yet)

Also, on the paper application form, I am not sure if I should check "A work permit with the same employer" or "An initial work permit or a WP with a new employer", since I came here under the IEC program, my WP is actually an open WP, so there is no employer on the current one. I suppose I should check the second one then?

 

[Carlaganda23]

Re: How long will implied status last, and what'll happen next?

Thanks for the good wish!

How much earlier I should apply for a Paper Application before current WP expires? (I haven't got the file number of LMO yet)

Send your extension 30 days before your current permit expires. You dont need a file number, you only need a letter from your employer that they are processing your application and send it with your application form/package.

Wish you all the best...

 

[Carlaganda23]

Re: How long will implied status last, and what'll happen next?

Thanks for the good wish!

How much earlier I should apply for a Paper Application before current WP expires? (I haven't got the file number of LMO yet)

Also, on the paper application form, I am not sure if I should check "A work permit with the same employer" or "An initial work permit or a WP with a new employer", since I came here under the IEC program, my WP is actually an open WP, so there is no employer on the current one. I suppose I should check the second one then?

Do you have new or the same employer? Did you change your job? you should specify that since it's very important...

 

[angeland]

Re: How long will implied status last, and what'll happen next?

Do you have new or the same employer? Did you change your job? you should specify that since it's very important...

I haven't changed job nor employer. I have only worked for one employer throughout my IEC year and will continue to work for them.
But since it's an open WP, CIC has no record of my employer I supposed (unless they got the taxation info from CRA).

 

[Carlaganda23]

Re: How long will implied status last, and what'll happen next?

I haven't changed job nor employer. I have only worked for one employer throughout my IEC year.
But since it's an open WP, CIC has no record of my employer I supposed (unless they got the taxation info from CRA).

if your current employer is willing to extend your permit by applying an LMO, you can put the same employer in your application.

You have an open work permit right now if your working permit will be approve then you will have Closed Work Permit. You can apply for Provincial Nominee if you have Permanent full time job. Look into that after you will get your work visa approved.

 

[scylla]

Re: How long will implied status last, and what'll happen next?

The fact you're on an IEC changes the situation completely. IECs cannot be extended and don't benefit from implied status. You will have to stop working as soon as your IEC expires. Any work after your IEC expires (even if you submit a work permit extension ahead of time) will be classified as illegal work.

You should change your status to visitor before your IEC expires and then apply for a new work permit once you have an approved LMO.

 

[angeland]

Re: How long will implied status last, and what'll happen next?

The fact you're on an IEC changes the situation completely. IECs cannot be extended and don't benefit from implied status. You will have to stop working as soon as your IEC expires. Any work after your IEC expires (even if you submit a work permit extension ahead of time) will be classified as illegal work.

You should change your status to visitor before your IEC expires and then apply for a new work permit once you have an approved LMO.

I have read some posts with mixed answers to implied status of IEC, I just wonder if any authority that I can write to so that I can get written confirmation? (I heard CIC call centre is not reliable)

Personally I don't mind taking a vacation and wait for the LMO results. But my situation is more complicated than just LMO and WP.
My ultimate goal is to apply CEC and get PR status. Since I am from a country that IEC is only available for one time (1 year), and I have been working as a Communications Officer (NOC Class A) since my second week in town. I work 40 hours a week, which is more than the 30 hours requirement of CEC but I learnt that the surplus of hours cannot shorten the 12-month full time requirement.

So, by the time of my IEC ends, I am in short of 2 weeks of working experience for CEC. My boss is very supportive, at first he even suggested writing a reference letter for me which covers the whole 12-month period, but I then I figured out I have to provide paystubs and T4 which cannot be faked.

That's why the implied status is so important to me, since no one knows whether I will get a positive LMO. If it doesn't get through (touchwood!), I still have the CEC as my last resort.

I have no intention to exploit any loophole since it may jeopardize my PR application.
I really would like to hear some advice from you, what is the best approach for my case?


Thank you!

 

[PMM]

Re: How long will implied status last, and what'll happen next?

Hi

I have read some posts with mixed answers to implied status of IEC, I just wonder if any authority that I can write to so that I can get written confirmation? (I heard CIC call centre is not reliable)

Personally I don't mind taking a vacation and wait for the LMO results. But my situation is more complicated than just LMO and WP.
My ultimate goal is to apply CEC and get PR status. Since I am from a country that IEC is only available for one time (1 year), and I have been working as a Communication Officer (NOC Class A) since my second week in town. I worked 40 hours a week, which is more than the 30 hours requirement of CEC but I learnt that the surplus of hours cannot off-set the 12-month full time experience.

So, by the time of my IEC ends, I am in short of 2 weeks of working experience for CEC. My boss is very supportive, at first he even suggested writing a reference letter for me which covers the whole 12-month period, but I then I figured out I have to provide paystubs and T4 which cannot be faked.

That's why the implied status is so important to me, since no one knows whether I will get a positive LMO. If it doesn't get through (touchwood!), I still have the CEC as my last resort.

I have no intention of any loophole since it may affect my PR application.
I really would like to hear some advice from you, what is the best approach for my case?


Thank you!

Here is a letter from CIC that was posted on another forum.

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.

 

[angeland]

Re: How long will implied status last, and what'll happen next?

Hi


Here is a letter from CIC that was posted on another forum.

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.

Hi PMM,

Good to see you here!

I actually saw this in another thread, but I find the last line very confusing.
* 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.

Do you know any email address that I can write to and request for a clarification?
Thanks!

 

[bmore321]

Re: How long will implied status last, and what'll happen next?

Glad I saw this post. My wife is in the same boat. She called CIC and they told her she can apply for work permit and keep working on "Implied Status". My questions is how does this affect your Social Insurance Number? Also, can you extend your Alberta Health Insurance with Implied Status?

 

[angeland]

Re: How long will implied status last, and what'll happen next?

Glad I saw this post. My wife is in the same boat. She called CIC and they told her she can apply for work permit and keep working on "Implied Status". My questions is how does this affect your Social Insurance Number? Also, can you extend your Alberta Health Insurance with Implied Status?

Exactly what I heard too, but some say CIC call centre is not reliable as they are not the Visa Officer who will process our applications.

I have just written to Foreign Affairs, Trade and Development Canada who introduced the IEC program and hopefully will get an answer from another prospective. (http://kompass-iec-eic.international.gc.ca/FeedBack.aspx)

 

[Carlaganda23]

Re: How long will implied status last, and what'll happen next?

Exactly what I heard too, but some say CIC call centre is not reliable as they are not the Visa Officer who will process our applications.

I have just written to Foreign Affairs, Trade and Development Canada who introduced the IEC program and hopefully will get an answer from another prospective. (http://kompass-iec-eic.international.gc.ca/FeedBack.aspx)

I guess you need to switch to Visitors Visa when your IEC visa expired and apply for an extension. If you had 12 months experience in your field, apply for CEC while on Visitor's Visa or Provincial Nominee with full time job offer from your employer.

 

[angeland]

Re: How long will implied status last, and what'll happen next?

Hi PMM,

Good to see you here!

I actually saw this in another thread, but I find the last line very confusing.
* 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.

Do you know any email address that I can write to and request for a clarification?
Thanks!

I know this will probably turn into some debate, but I always feel that my situation is different from others who are applying for BOWP under CEC or In-land Spouse OWP after IEC ended, because I continue to work for the same employer under the same conditions, while waiting for the LMO results for working for the same employer as well.

This is what I get from a friend of friend who is an immigration lawyer in BC:

The answer is in the same post you quoted:
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.

SO, you will be extending a work permit that was NOT initially issued for the time limit authorized by the program. In other words, So, if you submit your extension for a work permit with the LMO, you will be under the "UNLESS" criteria.

Anyway, I hope to hear what you guys think too.

Thanks!