IEC Visa Expiring in less than 30 days

[canuck_in_uk]

ok thanks for the info... i think we just going to go across the border and flagpole.... as even if we apply for it now... how do we know they received it? she also plans to leave to go visit germany after her visa expires in a month or two...and then come back..

do you know if its best to do an outland sponsorship application now or wait till shes in tourist status?

Flagpoling is riskier. CBSA can be much tougher than CIC on people they think are trying to live in Canada as visitors.

Submit the sponsorship app as soon as you can.

 

[kasinow]

The point is, you'd be submitting an application without proof of being eligible for an open work permit. In practice, CIC has been returning these as "incomplete" - nullifying the implied status.

Sorry to poke you again but what did you mean by saying "in practice"? Are you actually working at CIC and processing such applications?

I'm just on the fence right now trying to decide whether to risk submitting a complete application and hope to be refused or do not submit it. Because from what I've read on CIC website and what advice lawyer gave me, CIC have no legal grounds to reject my application, because it is complete, I'm just not eligible for an extension which they have to figure out when start processing it. As far as I understand CIC doesn't start processing only incomplete applications and therefore rejects them.

Btw, does anyone know what impact would be on my future PR application if I would continue working after my permit expires for another 6 weeks and then find out that I don't have implied status and stop working (in case I would be rejected instead of refused)? Would I still be able to get an ITA in EE and get PR later?

 

[scylla]

Sorry to poke you again but what did you mean by saying "in practice"? Are you actually working at CIC and processing such applications?

No - that's not why. None of us here work for CIC.

CIC actually recently published specific directions stating that incomplete applications will be "rejected" (I think that's the right word) - rather than "refused". My belief is that CIC introduced these new rules specifically because there were too many people abusing the system by submitting incomplete extension applications when they very well knew they didn't qualify. If your application is "rejected" due to being incomplete - no implied status. That means all work since the expiry of your original work permit will be classified as illegal work which cannot be counted towards any immigration program in Canada. It will also mean that you will be out of status immediately with the 90 day restoration clock starting from the expiry date of your original work permit (not from the date of the rejection).

 

[scylla]

Btw, does anyone know what impact would be on my future PR application if I would continue working after my permit expires for another 6 weeks and then find out that I don't have implied status and stop working (in case I would be rejected instead of refused)? Would I still be able to get an ITA in EE and get PR later?

To answer this specific question - main impact is that you won't be able to count those 6 weeks as experience towards any Canadian immigration program. It will be classified as work you completed while out of status in Canada (i.e. illegal work) - and therefore won't be counted for the purposes of immigration.

 

[scylla]

Edit to what I said earlier - the right word is "incomplete":

http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp