IEC and PR

[TheScrutiniser]

Currently waiting for my PR application to be processed. As we know it’s all going pretty slow at the moment, at least for FSWs filed in 2020 (I’m Dec 2020).

I noticed that IEC program has opened up again. If you applied for IEC and received an ITA, would submitting an application complicate or even make your PR application null and void? Has anyone ever gone on an IEC then received their PR while living in Canada and flag poled to change status? Trying to determine whether or not it would mess with the main application if I was to pursue IEC.

Thanks.

 

[TheScrutiniser]

@legalfalcon if you have any knowledge on this it would be greatly appreciated.

 

[legalfalcon]

Currently waiting for my PR application to be processed. As we know it’s all going pretty slow at the moment, at least for FSWs filed in 2020 (I’m Dec 2020).

I noticed that IEC program has opened up again. If you applied for IEC and received an ITA, would submitting an application complicate or even make your PR application null and void? Has anyone ever gone on an IEC then received their PR while living in Canada and flag poled to change status? Trying to determine whether or not it would mess with the main application if I was to pursue IEC.

Thanks.

You can submit applications under different programs and each application will be processed on its own merits.

 

[TheScrutiniser]

You can submit applications under different programs and each application will be processed on its own merits.

Thank you, appreciate your help as always. Have you ever heard of a situation where someone has struck it lucky and been sent their COPR while in country on an IEC?

 

[TheScrutiniser]

Say, for example, I was in Canada on an IEC and received my notification for COPR, would I be able to leave the country for 1-2 weeks then return using my PR to make the landing? My thinking is that would then make my IEC work permit obsolete.

I understand that it may cause issues with any employment continuity in Canada but it seems like a good way to be in Canada while waiting for PR processing.

Thanks @legalfalcon

 

[afc1]

Say, for example, I was in Canada on an IEC and received my notification for COPR, would I be able to leave the country for 1-2 weeks then return using my PR to make the landing? My thinking is that would then make my IEC work permit obsolete.

I understand that it may cause issues with any employment continuity in Canada but it seems like a good way to be in Canada while waiting for PR processing.

Thanks @legalfalcon

Hi @TheScrutiniser - I am in exactly the same position! Just wondering if you got any more information/guidance on this? (though purely theoretical for me, as I don't have an IEC ITA)

 

[TheScrutiniser]

Hi @TheScrutiniser - I am in exactly the same position! Just wondering if you got any more information/guidance on this? (though purely theoretical for me, as I don't have an IEC ITA)

It's a bit of a grey area, admittedly. I spoke with an immigration lawyer and although it's not advised to use the IEC as a bridging visa while waiting for PR, they are exclusive of each other, so you can legally do the IEC (if you get your ITA) and then flagpole. Normally, given we are both FSW-O candidates, you would have to leave Canada (not flagpole) to make this a reality, but for now there is a policy in place (due to COVID) that means it's legally permissible to flagpole and activate the PR from IEC.

The issue lies within the nature of the respective programs. IEC is a working holiday and thus the rules are as such; you are expected to show a willingness to return to your home country upon completion of the program. However, given our positions, we would be looking to use the IEC strategically, while waiting for the beloved PR, despite no guarantee that we will receive it. So it gets tricky with landing in Canada to activate an IEC, because a border agent will note that you are also a PR applicant, and you can't say 'I'm here to wait for my PR' as that demonstrates plan to stay long-term, which isn't what the program is for. Yet if you lie and say you will return to your home country, then this is misrepresentation, as that's not why you are there.

All in all, it's possible and it isn't illegal to do so. The issues lie in the difference of conditions of each visa program, the questioning of the border agents upon landing for IEC and also the fact nobody can say for sure how long this policy will be in place, so you might find yourself in a situation where you've moved across on an IEC successfully but they remove the ability for IEC's to do a bridging visa and flagpole, as in normal times that hasn't been allowed.

I hope I've helped and not confused you, haha. We are pretty much in exactly the same situ when it comes to timeline, so I hope we get some good news re. PR soon.