IEC Visa Expiring in less than 30 days

[localtourist]

My Common law gf wants to stay in Canada but her IEC visa is expiring less than 30 days.

"Guide 5551 - Applying to Change Conditions or Extend Your Stay in Canada"

After reading this page it says to apply with more than 30 days before it expiring. Does that mean she shouldnt bother applying or just do the flagpole before it expires?

 

[Bs65]

So others can correct me but if you apply online to extend stay as a visitor and the IEC expires whilst waiting on a decision she would move to an implied status as a visitor. No longer able to work of course as the status would flip to visitor. http://www.cic.gc.ca/english/visit/extend-stay.asp

The 30 days quoted is more of a guideline to attempt to ensure some success in processing before current status expires but note current processing time shows as approx 38 days. Maximum stay likely 6 months.

Alternatively assuming on a visa exempt passport could either do the flagpole thing or a short US visit. But then of course always the risk having been in the country on an IEC she gets the one CBSA officer who questions her intentions given if asked about purpose of visit bringing into the equation common law and refuses entry as a non bona fide visitor. So suggest does not volunteer any info implying common law but rather visiting boyfriend.

People do the flagpole thing all the time but just worth keeping in mind the risks which to a degree some minimise by doing a short trip actually out of the country as opposed to the US admin refusal.

 

[kasinow]

Are you sure that 30 days is just a guideline?

Right now my IEC Young Professionals work permit will expire in about a month from now and I want to apply for an extension - open work permit even though I'm sure that I'll be refused. Basically my plan is to benefit from implied status as long as I can, because I need more legal Canadian work experience for Express Entry. So are you sure that if I mail my work permit extension application let's say a week before my current permit expires, I won't be rejected and still get implied status?

 

[Bs65]

Are you sure that 30 days is just a guideline?

Right now my IEC Young Professionals work permit will expire in about a month from now and I want to apply for an extension - open work permit even though I'm sure that I'll be refused. Basically my plan is to benefit from implied status as long as I can, because I need more legal Canadian work experience for Express Entry. So are you sure that if I mail my work permit extension application let's say a week before my current permit expires, I won't be rejected and still get implied status?

putting aside the 30 days question not sure any IEC combination can be extended so implied status waiting on a decision would i think unlikely to apply as not a valid scenario anyway to continue working on an IEC post the expiry date. Hence the OP flipping from IEC to visitor. Others can correct me

 

[canuck_in_uk]

Are you sure that 30 days is just a guideline?

Right now my IEC Young Professionals work permit will expire in about a month from now and I want to apply for an extension - open work permit even though I'm sure that I'll be refused. Basically my plan is to benefit from implied status as long as I can, because I need more legal Canadian work experience for Express Entry. So are you sure that if I mail my work permit extension application let's say a week before my current permit expires, I won't be rejected and still get implied status?

Regardless of the IEC-Implied Status debate, you should note that CIC has recently changed the rules to prevent people from doing EXACTLY what you are trying to do.

Submitting an incomplete work permit application, i.e. knowing that you don't qualify but applying anyways, can result in your app being rejected as incomplete. You would be considered in status only up to the point when your IEC permit expired; you would be in Canada illegally and any work done after your original permit expired would be illegal. It not be considered as experience for future apps and could also result in serious complications for future apps.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

 

[kasinow]

Regardless of the IEC-Implied Status debate, you should note that CIC has recently changed the rules to prevent people from doing EXACTLY what you are trying to do.

Submitting an incomplete work permit application, i.e. knowing that you don't qualify but applying anyways, can result in your app being rejected as incomplete. You would be considered in status only up to the point when your IEC permit expired; you would be in Canada illegally and any work done after your original permit expired would be illegal. It not be considered as experience for future apps and could also result in serious complications for future apps.

If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

Could you please provide some official source regarding those recent changes in rules? Unless you're already referring to your link and I'm not aware what was written there before.

So I know about rejected status, that's why I already paid $155 work permit processing fee + $100 open work permit holder fee, filled IMM5710E form and validated it, made a copies of passport, stamps pages and work permit copy. So as far as I understand if I add all required documents from the documents checklist (IMM5710E, proofs of payments, photocopies of passport and visa) they have no reason to reject it because my application is complete. They have to take a look at it and figure out that I'm not qualified for extension and refuse the application. Am I right?

 

[canuck_in_uk]

Could you please provide some official source regarding those recent changes in rules? Unless you're already referring to your link and I'm not aware what was written there before.

So I know about rejected status, that's why I already paid $155 work permit processing fee + $100 open work permit holder fee, filled IMM5710E form and validated it, made a copies of passport, stamps pages and work permit copy. So as far as I understand if I add all required documents from the documents checklist (IMM5710E, proofs of payments, photocopies of passport and visa) they have no reason to reject it because my application is complete. They have to take a look at it and figure out that I'm not qualified for extension and refuse the application. Am I right?

The link I provided is the source.

You don't qualify for an extension without an LMIA. Submitting your app without the LMIA means it could be rejected as incomplete.

 

[kasinow]

The link I provided is the source.

You don't qualify for an extension without an LMIA. Submitting your app without the LMIA means it could be rejected as incomplete.

But when I was filling that IMM5710E PDF I selected "Open work permit" and LMIA field grayed out meaning I don't have to fill this. And I paid the fee for "Open work permit holder". Do you think that in this case my application can be refused instead of rejected?

 

[jes_ON]

But when I was filling that IMM5710E PDF I selected "Open work permit" and LMIA field grayed out meaning I don't have to fill this. And I paid the fee for "Open work permit holder". Do you think that in this case my application can be refused instead of rejected?

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.

 

[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.

That's sad to hear. :'( Anyway, thank you for the answer.

 

[localtourist]

Ok ... now thanks for clearing up a few things.. but so if an expiring IEC in 20 days and applying to stay as a tourist can it be done online? or is it past a deadline?

or even just applying looks good? I just dont want to have any issues as we are trying to do the outland commonlaw sponsorship.

 

[canuck_in_uk]

Ok ... now thanks for clearing up a few things.. but so if an expiring IEC in 20 days and applying to stay as a tourist can it be done online? or is it past a deadline?

or even just applying looks good? I just dont want to have any issues as we are trying to do the outland commonlaw sponsorship.

You can apply to change your status to visitor up until your current permit expires. Show proof of finances and proof of the PR app and there should be no issues.

 

[localtourist]

do you know how fast the process would take? just worried that going past the visa expiry date may look bad when doing the PR app.

 

[canuck_in_uk]

do you know how fast the process would take? just worried that going past the visa expiry date may look bad when doing the PR app.

It doesn't mtater how long it takes. Provided you apply before your permit expires, you will have Implied Status after it expires while waiting on a decision about the extension.

 

[localtourist]

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?