IEC applying for PR and Implied Status

[mathewredfearn]

Hi,

I'm currently on a Working Holiday Visa through the International Experience Canada Program and waiting to be selected to apply for PR. I am coming up to the end of my 2 years on my visa through IEC (expires 14th July). I have 421 in the Express Entry pool and have been waiting to be selected since January. I was selected to apply for the OOPNP and have sent my application off and received my AOR. I'm now waiting for that to be approved which will give me 600 extra points in the Express Entry pool.

My question is what are my options for staying in Canada and remain working? A lot of people are telling me to apply for an extension on my current visa, knowing I will not get it but by the time it will take to process it will give me another 90 on implied status, in which time I should of got the extra 600 points, been selected in EE and started my application. If I get selected while on implied status will I be able to reapply for a bridging visa even though I will of been denied for an extension?

If theres anyone in the same situation I would like to hear from you.

Thanks guys!

 

[mathewredfearn]

....anyone?

 

[scylla]

Unfortunately IECs are different from other classes of work permits in that they cannot be extended and therefore do not benefit from implied status. If you want to keep working past the expiry of your IEC, you would need to have a new and approved work permit in hand before your IEC expires. Otherwise you must stop working on the expiry date. To remain in Canada while you wait you would have to change your status to visitor (of course you'll have to stop working).

 

[mathewredfearn]

I've heard this a lot in this forum but when I call CIC and ask them they say I can apply and I will be implied status (as everyone goes on implied status regardless of there visa) and be able to carry on working. They just tell me I should include a cover note explaining my situation.

Does anyone actually have a link to show where it says IEC visas cannot get implied status? Or is it just from word of mouth?

 

[toben]

A friend of mine was in the following situation. She was on a working holiday visa. After the better part of that year instead of applying for a young professional visa she applied for a work permit extension because she thought you can't already be in Canada to apply for YP. According to her and her employer she was on an implied status for the 3 or so months it took CIC to reject that application.

So I think you're not totally mistaken. But I don't have any links where these rules are actually written down, sorry.

 

[mathewredfearn]

Correct and all the information I've been given is the same as you just stated. I know the IEC visa is none extendable but you are still on implied status regardless of it a non extendable visa or not because you've sent a change from in. I would just like to know the people saying you will not be on implied status got that information from? As I can't find it.

My visa also says on the back of you wish to extend it please do so 30 days before .....

 

[toben]

Yea, everyone has an opinion I guess.
I can only tell what my friend experienced. To be honest I don't really know how that "implied status" really works. I guess it's not that someone tells you that you are on it, right? You apply for an extension and by having an open application you are still on your current status (worker) implicitly until this application gets rejected or approved?

 

[mathewredfearn]

Yes that is correct...or what I've been told by CIC anyway. It just frustrating hearing one thing from someone and another from someone else.

 

[toben]

Pretty sure you can give more weight to what CIC said
But yeah, it can be frustrating. It would be nicer if it was clearly written down somewhere.

 

[Kiki10]

IEC visa is not extendable and you can not be on Implied status and work. Yes, people do the application and waiting for the response/refusal but if caught by CIC you might be made inadmissible to Canada. When you took/used IEC visa you agreed to the visa conditions which one of them is that you can not extend it. You need an LMIA to continue to work

This is from CIC Help centre:

"I am currently in Canada with a work permit issued under IEC. My employer would like me to continue working after my permit expires. What should I do?

You cannot renew or extend a work permit under IEC over the maximum time allowed for your country. If your current employer would like you to stay, you may be able to apply for a new work permit through another program. Complete the Come to Canada questionnaire to determine if you meet the requirements. Your employer will need to have a valid Labour Market Impact Assessment from Employment and Social Development Canada before you can apply for a new work permit.

If your country of citizenship allows multiple participations, and you still meet the IEC eligibility criteria, you may be able to apply for a second participation. There may be a set amount of time you need to wait before applying again. Check the eligibility criteria for your country of citizenship to find out."

I will try to post the link but it doesn't let me

 

[purplesnow]

IEC isn't extendable but what you do is apply to change the conditions. ie. apply for a bridging permit - which is a different visa - based on having a PR application submitted. This is how people are going on implied status from an IEC. Which is perfectly legal and acceptable and something CIC themselves suggest you do.
now there is a bit of a loophole. you can still submit the bridging permit application, even knowing it will be rejected without a PR app in progress, but until that application is processed and rejected you do get implied status. Current wait times are about 90 days for online applications and over 100 for ones sent in by mail. Its a bit of a grey area but still legal.

your problem will come in when you want to apply for the bridging permit when you are selected, because without a valid work permit, you can't submit a bridging permit application.

 

[mathewredfearn]

IEC isn't extendable but what you do is apply to change the conditions. ie. apply for a bridging permit - which is a different visa - based on having a PR application submitted. This is how people are going on implied status from an IEC. Which is perfectly legal and acceptable and something CIC themselves suggest you do.
now there is a bit of a loophole. you can still submit the bridging permit application, even knowing it will be rejected without a PR app in progress, but until that application is processed and rejected you do get implied status. Current wait times are about 90 days for online applications and over 100 for ones sent in by mail. Its a bit of a grey area but still legal.

your problem will come in when you want to apply for the bridging permit when you are selected, because without a valid work permit, you can't submit a bridging permit application.

Thank you for your advice purplesnow!

So I don't want to be applying for an extension (as I can't extend my IEC), I would need to apply for a bridging permit? It's so confusing what you can and can't apply for and the cic call centre is no help! The situation I'm in is that I should be receving +600 points from the OOPNP in my EE, which I should get in the next few weeks...but my visa runs out on the 14th! I don't want to do anything that will go against me when applying for my PR.

I was just looking at the bridging visa, can I apply for that basied on having an AOR from OOPNP?

 

[purplesnow]

yeah and part of what makes it so bloody confusing is that the form to apply for the bridging permit and the form to apply for an extension are the same, just ticking different boxes. Because CIC have no idea what clarity is.
Applying for a bridging permit, even if its rejected, won't go against you in your PR application.
Honestly im not 100% up to date on the OOPNP route so I can't be much help there. You can apply for the bridging but I doubt an AOR from Ontario PNP would be enough to get it approved - one of the conditions is that you need to have submitted your PR application and received acknowledgement that you're eligible.
Realistically, you are going to have to stop working at some point. Say you apply for the bridging permit next week. That will buy you approximately 3 more months where you can work. But in that time you need to have gotten your 600 points, been pulled from the pool, submitted your PR app and reached the eligibility passed stage, before they begin processing your bridging, in order for that to be approved. Its a little unlikely I'm afraid.
So the most likely scenario is that you'll end up having to stop work when you get the rejection and wait for PR to be approved.

i mean there is a chance you could get all that done in 3 months but considering other people's timelines and wait times for these things to happen, you should prepare yourself for needing to stop work.

 

[Asivad Anac]

yeah and part of what makes it so bloody confusing is that the form to apply for the bridging permit and the form to apply for an extension are the same, just ticking different boxes. Because CIC have no idea what clarity is.
Applying for a bridging permit, even if its rejected, won't go against you in your PR application.
Honestly im not 100% up to date on the OOPNP route so I can't be much help there. You can apply for the bridging but I doubt an AOR from Ontario PNP would be enough to get it approved - one of the conditions is that you need to have submitted your PR application and received acknowledgement that you're eligible.
Realistically, you are going to have to stop working at some point. Say you apply for the bridging permit next week. That will buy you approximately 3 more months where you can work. But in that time you need to have gotten your 600 points, been pulled from the pool, submitted your PR app and reached the eligibility passed stage, before they begin processing your bridging, in order for that to be approved. Its a little unlikely I'm afraid.
So the most likely scenario is that you'll end up having to stop work when you get the rejection and wait for PR to be approved.

i mean there is a chance you could get all that done in 3 months but considering other people's timelines and wait times for these things to happen, you should prepare yourself for needing to stop work.

Just to add to that, an AOR from OOPNP wouldn't suffice. You would need to receive and accept the PN, get those 600 points credited, wait for the next draw, get the ITA, submit it asap, ignore the automated e-APR which is sent immediately on submission and wait for the actual AOR to land in your MyCIC before you can use it for BOWP.

 

[mathewredfearn]

I understand that I won't actually get the extension/ bridging visa. What I want to know is as long as it's sent off before my IEC visa expires will I have legal status to carry on working in Canada (implied status) while I'm waiting for the decision? Because there are a lot of people in this forum who are very adiment that I won't have implied status because I'm on a IEC visa...

I know I will have to stop working at some point I just wanted to work as long as I legally can to shorten the gap that I'm out of work.