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

[Alurra71]

The whole definition of "implied status" is that you're basically asking to extend your current work permit to cover you for the time between when your first work permit expires, and your second one (whether new or the same) is granted.

So even if you apply for an LMO off the back of IEC you CANNOT benefit from implied status, because implied status states that you keep working under the conditions of your old permit, and one of the conditions of IEC is that it cannot be extended.

What you *can* do is apply for a Bridging Open Work Permit, which is an option with some visa classes, and you can use THAT work permit to cover the time between IEC expiring and the new permit being issued.

I think I understand it now. I can see how folks can get confused because the wording is not straight forward , it's all legalease, however, the fact still remains that you can not submit an OWP and work under implied status whilst you await your spousal Pr application to finalize. That was the whole point of this thread to begin with, so thank you, SchnookoLoly, for such direct information. Now anyone that has a question about it can follow the information here and make an INFORMED decision regarding their own future.

 

[Ponga]

Curious that jamesdavid hasn't responded to this newly discovered conundrum he is now under.

Yes, but here's the twist:

A person without status is defined by CIC (in IP-08) to have a `Lack of Status', which is categorized as a person that has overstayed, studied or worked without authorization.

So that would seem to indicate that this would not prevent his PR from being approved.

 

[Alurra71]

Yes, but here's the twist:

A person without status is defined by CIC (in IP-08) to have a `Lack of Status', which is categorized as a person that has overstayed, studied or worked without authorization.

So that would seem to indicate that this would not prevent his PR from being approved.

Perhaps, but working without authorization is also a criminal offense in Canada. We all know what happens with criminal offenses in Canada and PR applications LOL

 

[Ponga]

Perhaps, but working without authorization is also a criminal offense in Canada. We all know what happens with criminal offenses in Canada and PR applications LOL

Wow! I had no idea that was a criminal offense! Yikes!!!

So....that makes the Lack Of Status definition rather contradictory. CIC allows a person that has worked illegally to apply, but at the same time...they know that is a criminal offense?

 

[screech339]

Yes, but here's the twist:

A person without status is defined by CIC (in IP-08) to have a `Lack of Status', which is categorized as a person that has overstayed, studied or worked without authorization.

So that would seem to indicate that this would not prevent his PR from being approved.

Noticed the past tense: has WORKED without authorization.

Jamesdavid is currently working thus he won't likely be to protected. There is a difference between stop working illegally in the past and currently actively illegally working.

 

[Alurra71]

Wow! I had no idea that was a criminal offense! Yikes!!!

So....that makes the Lack Of Status definition rather contradictory. CIC allows a person that has worked illegally to apply, but at the same time...they know that is a criminal offense?

It is up to CBSA to enforce it and also to bring the charges, but yes, it is a criminal offense. More often then not the person in question is removed from Canada and issued an exclusion order yadda yadda. Is not really worth the extra costs of courts and jail terms and such, but it COULD be if they really wanted to push for it I suppose.

 

[Rob_TO]

So that would seem to indicate that this would not prevent his PR from being approved.

Perhaps, but based on the experience of a previous poster that was caught by CIC working under presumed "implied" status of an IEC visa when in fact he was working illegally... the inland app wasn't rejected or cancelled, but was forwarded to another office for special processing. This of course can add months to years in delays while they sort out the issue. So while perhaps not grounds to be rejected, it is grounds for an incredible delay.

It still appears though that very few people are actually caught here working under expired IEC. Most likely due to how the departments that deal with IEC/working holiday programs, SIN data, inland apps, etc... share (or don't share) information with each other.

Same as working with no work status in a job for cash. Illegal, but most people aren't actually caught. However the ones that are pay the price, so no matter if the risk of getting caught is small, you can't recommend people to do it.

 

[SchnookoLoly]

I'd interpreted that bit as in past tense as well - you'd overstayed in the past, you'd worked illegally in the past, but you are currently doing things by the book.

If JamesDavid is found out (likely) then he'll have to leave Canada, which will mean the abandonment of his PR app which means the application is considered abandoned.

 

[Jamesdavid3]

James I got a question for you.

When does your temporary SIN expire? Does it expire on the same date as your IEC date? Just curious here.

Yes both expired back in January.

You can continue using your temporary expired SIN as stated on the CIC website.

 

[screech339]

Yes both expired back in January.

You can continue using your temporary expired SIN as stated on the CIC website.

They do accept your expired temporary SIN if you are under "implied status". But the problem is that you got no "implied status" anymore. You re-submitted your application after your IEC expired. You know as well as everyone, that "implied status" only applied to "valid" work visa when PR application with OWP are submitted at the time. You lost your visa status the moment your PR application got returned.

Now that CIC has the march 2 official submitted date, and your IEC has expired in Jan, you don't have "implied status". You can't argue with this one now. Even you have told people that CIC must get your OWP with PR application at same time before current work visa expires in order to get "implied status". That is no longer the case with you anymore.

Had your application been returned and resubmitted in time before your Jan IEC expire date, then you can be believe to be on "implied status" as much as you want. As of now, you are currently out of status working illegally.

 

[Alurra71]

Yes both expired back in January.

You can continue using your temporary expired SIN as stated on the CIC website.

Even in the face of all this overwhelming information you are still going to stick to your guns and continue working illegally?

You have tenacity, I'll give you that.

How is that tenacity going to work for you when you are found out and removed from Canada and your application denied or denied your PR and then removed from Canada?

 

[SchnookoLoly]

Don't bother, it's like arguing with a brick wall.

 

[Rob_TO]

Yes both expired back in January.

You can continue using your temporary expired SIN as stated on the CIC website.

The second your app was returned to you, any "implied status" you had completely ended, and as of that day you were in Canada on no status.

When you re-submitted your app it was a completely new event/situation as of the specific date you re-submitted the app, and you did so while having no status. So you could not possibly work on any previous work permit that was since expired.

 

[screech339]

I wonder what Jamesdavid's lawyer has to say now. Once the lawyer realized his PR application was submitted after his IEC expire date, the lawyer should have told him that he longer has any status. Any immigration lawyer knows this.

 

[Alurra71]

I wonder what Jamesdavid's lawyer has to say now. Once the lawyer realized his PR application was submitted after his IEC expire date, the lawyer should have told him that he longer has any status. Any immigration lawyer knows this.

Any GOOD immigration lawyer would not have told him he could work under implied status to begin with, me thinks