IEC Visa to OWP Implied Status (PR Application) Help!

[Jamesdavid3]

Hi all,

My 2nd year IEC expires on January 3rd 2014..

My Current passport expires on May 20th 2014.

I have my In-land Permanent Residency Application ready to send out with a Open Work Permit application So I can continue to work while I wait for my application to be fully processed.

I have to send this application out ASAP as you know the 1st stage on the In-land application takes around 6 Months and at the 1st stage I can receive my Open Work Permit.

My issue is that my passport runs out May 20th 2014 and I can see this causing big issues. Firstly If I get my Open Work Permit in 6 months time I think they will only have it valid until the end of when my current passport expires(which will be May 20th 2014) This will not help me at all as I need to keep working and stay in Canada during this whole application process. What will happen?

In regards to my main application, By May 20th 2014 when my passport expires I know my PR application still will not be completed due to the processing times, Will I just have to send it my new Passport details?

My Lawyer has told me that I can stay using Implied Status and he has given me a document from another one of his clients that use him, its from the CIC and it states that since you have submitted a Open Work Permit and your application is in Progress that you are on Implied status.... Ok that is great however how to do prove that to your employer? If you SIN and Work Permit both expires at the same date how can you extend that using Implied status?

As far as the company I work for or any company in Canada need Proof you can continue and work in Canada, if your SIN and Work Permit has a expiry date then that's it, you cant work any longer...

So under Implied Status can you go back to the Service Canada Center and get a new SIN/Work Permit? how does that work?

 

[canuck_in_uk]

Hi

I'll answer as much as I can.

First thing I will tell you is that if your IEC expires before you receive a decision on the OWP app, you will be on Implied Status and allowed to stay in Canada but you will not be allowed to work. To be able to work on Implied Status, the current work permit must be extendable and the IEC is not. If you continued to work while on Implied Status, you would actually be illegally working.

And according to the Inland thread, it is taking closer to 8 months now for 1st stage approval. Check it out here http://www.canadavisa.com/canada-immigration-discussion-board/inland-applications-2012-t90875.6600.html

Yes, I believe the OWP can't be issued beyond your passport expiry. Just get your new passport before the old one and the OWP expire and send in an OWP extension along with copies of the new passport and an explanation of the situation. When your current OWP expires, you will be on Implied Status again but this time, you WILL be allowed to keep working. Then you will get your new OWP.

For the PR app, mail CIC copies of the biodata pages from your new passport, along with your PR file number so they can match it to your PR app.

As for the SIN, as I said above, you wouldn't be able to work on Implied Status anyways. You would need to wait for your OWP, then take that to Service Canada to apply for your SIN again.

Hope this helps

 

[Harju]

So under Implied Status can you go back to the Service Canada Center and get a new SIN/Work Permit? how does that work?

Although I agree with canuck_in_ uk about the IEC, I will stay out of that argument and address the expired SIN issue on its own.

You cannot renew your SIN if you have implied status. You would work with an expired SIN and when the new work permit is received you go to Service Canada and have the SIN reactivated (you do not get a "new" SIN). This is allowed and perfectly normal; the only problem would be if you had an employer who did not understand this and had to explain it to them. There is information on the Service Canada website where it explains working with an expired SIN. An employer cannot hire you with an expired SIN, but if your SIN expires while working, you can continue to work on the expired SIN if you have legitimate implied status.

You prove implied status by having a copy of your receipt for fees and a copy of the application and proof it was sent (courier tracking receipt) etc.

 

[Jamesdavid3]

Ok thanks for all of that information, really appreciate it

So what do I do in my case...


I am about to submit my In-Canada application with a Work Permit

I know I receive the work permit at the 1st stage of processing which is 6-8 Months?

I know by January 3rd 2014 I will not have my Work Permit by then so I will be on this Implied Status, So on January 3rd 2014 I can just still continue to work until I have my work permit?

This is a email my company sent me as my 1st years IEC was coming to a end, it looks like they are on the ball with expired work permits and Sins so without a doubt they will send another one out before this one ends.

"Hi James.

Per the records we have on file, your current work permit/work visa and SIN card expire on January 9, 2013. This is a reminder that you are responsible in ensuring you have a valid work permit/immigration documents to legally work in Canada. Failure to provide the renewed documents once they expire, meant we are not able to legally employ you hence you would have to resign from your position."

At this stage could I just show her that I am on Implied Status and continue to work? I know the CIC does send you a document stating you can continue to work but would that be enough?

 

[canuck_in_uk]

As I said in my above post, you CAN'T keep working. When your IEC expires on Jan 3rd, 2014, you have to stop working until you get the OWP. CIC will not send you anything to say that you can keep working.

Being able to continue working on Implied Status is only possible with an extendable work permit, which the IEC is not. If you continue to work while on Implied Status, it would be illegal.

 

[Jamesdavid3]

I have been told many times that I can continue to work with Implied status even when my SIN and work Permit have expired.

My Lawyer who is also with another client very much like my situation with the IEC visa who has to also go on Implied status received a document from the CIC and in that document it states that he on the Implied Status and can continue working until a decision has been made (or if he gets his Work Permit sent to him while hes waiting)

My Lawyer has given me a photocopy of his other clients document with his name/file number etc blanked out. So I can scan and upload it if needed for you to see but It looks exactly what you need to just stay on and continue working with your employer.

 

[canuck_in_uk]

I have been told many times that I can continue to work with Implied status even when my SIN and work Permit have expired.

My Lawyer who is also with another client very much like my situation with the IEC visa who has to also go on Implied status received a document from the CIC and in that document it states that he on the Implied Status and can continue working until a decision has been made (or if he gets his Work Permit sent to him while hes waiting)

My Lawyer has given me a photocopy of his other clients document with his name/file number etc blanked out. So I can scan and upload it if needed for you to see but It looks exactly what you need to just stay on and continue working with your employer.

I'm not trying to cause you any trouble, I just want to make sure you have the right information. Lawyers aren't always correct; in fact, there are a quite a few people on this forum who were told completely wrong things by their lawyers. Even the CIC call centre quite often gives wrong info; you can ask the same question of 3 different CIC reps and get 3 different answers.

I've never heard of CIC sending someone a letter to confirm their Implied Status; in fact, CIC explicitly says on their website that they do not provide confirmation of Implied Status, so please upload the letter.

Check out these threads

http://www.canadavisa.com/canada-immigration-discussion-board/recent-unread-topics/-t153293.0.html;topicseen
http://www.canadavisa.com/canada-immigration-discussion-board/does-implied-status-work-in-this-case-t128685.0.html
http://britishexpats.com/forum/showthread.php?t=747186


I can't tell you what to do or not do. If you decide to keep working, make sure you have iron-clad evidence from CIC stating that you could, specifically referencing the fact that you were on the IEC and switching to an OWP.

 

[amikety]

http://www.canadavisa.com/canada-immigration-discussion-board/updated-topics/-t148829.0.html;topicseen

Sweden's post brings to light someone that was deported for working between IEC visa and another work visa because it was illegal.

In order for a status to be eligible for Implied Status, it must be extendable. IECs are not extendable. Your lawyer is wrong.

 

[canuck_in_uk]

http://www.canadavisa.com/canada-immigration-discussion-board/updated-topics/-t148829.0.html;topicseen

Sweden's post brings to light someone that was deported for working between IEC visa and another work visa because it was illegal.

In order for a status to be eligible for Implied Status, it must be extendable. IECs are not extendable. Your lawyer is wrong.

Thanks for posting that one amikety! I spent ages trying to find that exact thread earlier :

 

[amikety]

Thanks for posting that one amikety! I spent ages trying to find that exact thread earlier :

You're welcome. I have a few posts bookmarked and that's one of them!

 

[Jamesdavid3]

Well my Lawyer is also processing another person who's on a IEC visa which expires in August, It looks like his In-land application was received on March 13th and he received this document on June 5th.

He also submitted his Open Work Permit at the time of his PR application.

This is directly from the CIC,

"Citizen and Immigration Canada

UCI Number: Blanked out

Application number: Blanked out

This refers to your application for an Open Work Permit recieved March 13,2013. No action is being taken to process your request for the following reasons

As a Foreign National in Canada you are not eligible to apply for a open work permit until such time as you recieve confirmation that your application for Perminent Residence will be processed from within Canada. You application for an open work permit will be considered at the same time as your application for permanent residence and if the latter is accepted, the open work permit will be issued to you. Meanwhile, you are considered to have implied status and you may continue to work for the same employer under the same conditions imposed on your most recent work permit

Case process Centre Vegreville"

 

[amikety]

Well my Lawyer is also processing another person who's on a IEC visa which expires in August, It looks like his In-land application was received on March 13th and he received this document on June 5th.

He also submitted his Open Work Permit at the time of his PR application.

This is directly from the CIC,

"Citizen and Immigration Canada

UCI Number: Blanked out

Application number: Blanked out

This refers to your application for an Open Work Permit recieved March 13,2013. No action is being taken to process your request for the following reasons

As a Foreign National in Canada you are not eligible to apply for a open work permit until such time as you recieve confirmation that your application for Perminent Residence will be processed from within Canada. You application for an open work permit will be considered at the same time as your application for permanent residence and if the latter is accepted, the open work permit will be issued to you. Meanwhile, you are considered to have implied status and you may continue to work for the same employer under the same conditions imposed on your most recent work permit

Case process Centre Vegreville"

That's a form letter for a closed work permit. That's why it says "same employer." Since an IEC is an open work permit, it can't require you to stay with the same employer.

Btw, the lawyer obviously filled out the Work permit application wrong if they got a rejection. What an idiot.

 

[Jamesdavid3]

This is not a rejection letter though though, it just states that he can continue working

 

[amikety]

"Not eligible" = rejection.

They're telling to re-apply when he has AIP. The lawyer (considering he filled out the forms) didn't write the proper items in the fields if they're asking to him to re-apply when he has AIP.

 

[Jamesdavid3]

Correct HOWEVER, since he has not reached the 1st stage yet in the Visa process he will have not had his Open Work Permit sent to him, so that's why it says that as he only submitted the application on March 13th. They are not telling him to Re-apply at all, they are stating to wait until the 1st stage when he has his new Open Work permit and that he can still continue to work...

So the CIC it telling him that HE CAN still continue to work up until the 1st stage when they normally send you the Open Work Permit.

My Lawyer has told me several times...

"More important, even if you don't get the open work permit before the expiry of your current IEC visa, you would be able to continue to work legally. There is a provision of the Immigration and Refugee Protection Act that says explicitly that anyone who has applied for a new work permit before the expiry of their current work permit is allowed to continue working until a decision has been made about their application for a new work permit. This is called "implied status." Because you had submitted an open work permit application with your sponsorship application, you would have implied status as a worker after the expiry of your current IEC visa"

This is exactly what is happening in his situation..