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

[screech339]

Hi everyone,

I hope some people who replied previously are still active on this forum. I'm in the situation where my IEC visa will expire in June 2015. A few months ago me and my partner submitted a common-law sponsorship application together with an OWP application. Because of all the controversy regarding the topic of implied status I started my own due diligence process. I called CIC 7 times now and all agents told me I would be allowed to continue working under implied status. I'm still not fully convinced because of everyone saying you can't. However, I only found one case in which someone was denied first stage approval because of working beyond the expiry date of their IEC (please provide more examples if you know any!).

I also received the following letter from CIC - note that the footnote has changed since the quoted version at the bottom:


========================================================

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied status - Temporary resident

If you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident (TR) until a decision is made on the application. This is known as an implied status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

If you leave Canada while under implied status, you may be authorized to re-enter Canada:

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:
are temporary resident visa (TRV) exempt,
held a valid multiple-entry visa upon your return to Canada, or
you have travelled only to the United States** and/or St.Pierre and Miquelon and return to Canada before your status as a visitor, student or worker expires; and
the officer at the port of entry is satisfied that you have sufficient means of support,
As a worker or student, if the officer determines that your application to extend your work/study permit was approved while you were outside Canada, or
If you are eligible to apply for a new work or study permit at your arrival in Canada.
For more information on implied status, please consult our website.

* You will not be permitted to work/study until you receive your new permit.
** Including its Territories and Possessions.

========================================================

What are your thoughts? Do any of you know someone who continued working and didn't have any problems? For the ones who are 100% certain you CANNOT work, is this based on any real life examples or on the official regulations (which in my opinion can be interpreted in both ways).

Thank you!!!!!

Perhaps this quote from PRsoon will convince you. I highlighted the area in bold and red for you.

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

------------------------------------------------------------

 

[Laura248]

That highlighted part was exactly my point… In the email I received that note has been omitted. It would be good to know when PRsoon received the email in which it states that it doesn't hold for IEC?

 

[Rob_TO]

There's some great info here:
http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends
http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/

At least 2-3 people on this site have posted stating they or a friend was "caught" working on expired IEC under incorrectly assumed implied status. Those people now face significant delays in their PR apps.

Also there was an episode of Border Security where a person on expired IEC but with PR app in progress, told CBSA officer at a POE they were still working. CBSA officer told the person that it is illegal to work under an expired IEC under all situations, and no such implied status exists in this case.

In general CIC call centre agents don't know the difference between an IEC visa vs a regular work permit, which is the cause for most of the confusion. Basically a regular work permit is naturally extendable, while an IEC one is NOT. So you can't in good faith apply for an extension/change of conditions, of something that is by definition not extendable.

True that most people don't get caught doing this, most likely because CIC and CRA/SIN office don't talk to each other much. But for whatever reason some people are caught, and face some bad repercussions. Up to you if you want to risk it. Just know if you are caught, no letter from a random CIC agent saying it was ok will help you.

 

[SchnookoLoly]

Hi everyone,

I hope some people who replied previously are still active on this forum. I'm in the situation where my IEC visa will expire in June 2015. A few months ago me and my partner submitted a common-law sponsorship application together with an OWP application. Because of all the controversy regarding the topic of implied status I started my own due diligence process. I called CIC 7 times now and all agents told me I would be allowed to continue working under implied status. I'm still not fully convinced because of everyone saying you can't. However, I only found one case in which someone was denied first stage approval because of working beyond the expiry date of their IEC (please provide more examples if you know any!).

I also received the following letter from CIC - note that the footnote has changed since the quoted version at the bottom:


========================================================

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied status - Temporary resident

If you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident (TR) until a decision is made on the application. This is known as an implied status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

If you leave Canada while under implied status, you may be authorized to re-enter Canada:

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:
are temporary resident visa (TRV) exempt,
held a valid multiple-entry visa upon your return to Canada, or
you have travelled only to the United States** and/or St.Pierre and Miquelon and return to Canada before your status as a visitor, student or worker expires; and
the officer at the port of entry is satisfied that you have sufficient means of support,
As a worker or student, if the officer determines that your application to extend your work/study permit was approved while you were outside Canada, or
If you are eligible to apply for a new work or study permit at your arrival in Canada.
For more information on implied status, please consult our website.

* You will not be permitted to work/study until you receive your new permit.
** Including its Territories and Possessions.

========================================================

What are your thoughts? Do any of you know someone who continued working and didn't have any problems? For the ones who are 100% certain you CANNOT work, is this based on any real life examples or on the official regulations (which in my opinion can be interpreted in both ways).

Thank you!!!!!

This is really interesting, thanks for posting. THere's one part of the email in particular that stands out for me, this part:

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

So for IEC holders, if you want to continue working, you have to have applied for an extension. If you have applied for an extension, then you can continue working. If you have applied for a work permit under a different category, though, then you need to stop working.

IEC cannot be extended, we know that, so you can't apply for an extension, so that takes out the first part of the above.

OWP =/= IEC... OWP and IEC are different categories, and therefore the second part of the email also does not apply.

Rob_TO posted the link to the BE wiki, which will be updated to reflect the content of the emails you and PRSoon received that Screech has highlighted above.

 

[screech339]

I noticed in your letter:

"As a TR, if your application to extend your stay has not yet been approved*" followed by * at bottom: * You will not be permitted to work/study until you receive your new permit.

Since IEC cannot be extended, you are not permitted to work/study until you receive your new permit.

Screech339

 

[SchnookoLoly]

Screech, brill. I've added all of this to the BE wiki page on the subject. (Please have a read and let me know if anything needs to be edited!) The new part is Section 6.

 

[Ponga]

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

This section (under: What is the definition of "Implied Status"?) is incorrect.

If you have applied for PR inland: Inland applications USED to allow for an open work permit (OWP) to be filed at the same time as the application, however, applications for an OWP are no longer accepted at the time of application. You can only apply for an OWP after you have received sponsor approval, which at the time of writing this, takes about 10 months.

OWP can in fact still be included with an Inland sponsorship application. There have been several immigration lawyers that have confirmed this and CIC has not published anything to the contrary.

CIC will simply route the OWP back to Vegreville for processing AFTER AIP.

 

[Laura248]

Thanks for all your help guys!!

I'm fully aware that the IEC is non extendable - however, the letter says 'extend your stay in Canada'. This is what the call centre guy kept pointing out as well. It's so confusing, it just depends on how it is being interpreted. You could argue that applying for a new permit is not extending it, therefore yes you would have implied status. On the other hand you can see it as an extension and then you wouldn't… ughhh!!

Screech - to your point of ' As a TR, if your application * at bottom: * …" this applies only when you leave Canada (see line directly above). This confused me too the first time I read it.

 

[Laura248]

This section (under: What is the definition of "Implied Status"?) is incorrect.

If you have applied for PR inland: Inland applications USED to allow for an open work permit (OWP) to be filed at the same time as the application, however, applications for an OWP are no longer accepted at the time of application. You can only apply for an OWP after you have received sponsor approval, which at the time of writing this, takes about 10 months.

OWP can in fact still be included with an Inland sponsorship application. There have been several immigration lawyers that have confirmed this and CIC has not published anything to the contrary.

CIC will simply route the OWP back to Vegreville for processing AFTER AIP.

Hi Ponga, thanks for your reply. My application was in fact an inland common law sponsorship application, so I was allowed to include my OWP application.

 

[SchnookoLoly]

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

This section (under: What is the definition of "Implied Status"?) is incorrect.

If you have applied for PR inland: Inland applications USED to allow for an open work permit (OWP) to be filed at the same time as the application, however, applications for an OWP are no longer accepted at the time of application. You can only apply for an OWP after you have received sponsor approval, which at the time of writing this, takes about 10 months.

OWP can in fact still be included with an Inland sponsorship application. There have been several immigration lawyers that have confirmed this and CIC has not published anything to the contrary.

CIC will simply route the OWP back to Vegreville for processing AFTER AIP.

Okee dokee, I've updated that section and removed that part. Thanks for correcting me!

 

[Ponga]

Okee dokee, I've updated that section and removed that part. Thanks for correcting me!

Thank YOU for your help in getting the word out, about a topic that really is sooooo complicated!

 

[SchnookoLoly]

Thank YOU for your help in getting the word out, about a topic that really is sooooo complicated!

I actually tried to email CIC awhile ago and asked them to state this more clearly on their website. We went back and forth for 2-3 emails, they said what was on their website was sufficient. I linked to a bunch of posts showing people who were either working illegally (under "implied status"), or who were just asking questions because it was confusing, and one thread from BE where the guy's company's lawyer had actually said that it was fine for the guy to continue working, so the company sided with the lawyer, and wouldn't listen to the guy saying he COULDN'T work... and then he got fired over it because he refused to work. CIC basically just stonewalled me and said what was on their website was sufficient. ARGH. So frustrating.

 

[Laura248]

I actually tried to email CIC awhile ago and asked them to state this more clearly on their website. We went back and forth for 2-3 emails, they said what was on their website was sufficient. I linked to a bunch of posts showing people who were either working illegally (under "implied status"), or who were just asking questions because it was confusing, and one thread from BE where the guy's company's lawyer had actually said that it was fine for the guy to continue working, so the company sided with the lawyer, and wouldn't listen to the guy saying he COULDN'T work... and then he got fired over it because he refused to work. CIC basically just stonewalled me and said what was on their website was sufficient. ARGH. So frustrating.

SchnookoLoly - would you be willing to share this email conversation with CIC? It would be great to see this in writing from an actual person!

 

[SchnookoLoly]

The emails didn't really tell anything helpful, unfortunately. I was obviously dealing with someone who was uninformed like the people at CIC's misinformation line. So the email didn't say specifically that implied status doesn't apply to IEC holders, just that the information that's on CIC's website regarding IEC permits is sufficient. Ingrates.

 

[canuck_in_uk]

"As a TR, if your application to extend your stay has not yet been approved*" followed by * at bottom: * You will not be permitted to work/study until you receive your new permit.

Screech, brill. I've added all of this to the BE wiki page on the subject. (Please have a read and let me know if anything needs to be edited!) The new part is Section 6.

As Laura248 pointed out above, the section including that line is only applicable to those who leave Canada on Implied Status and should not be applied to EVERYONE on Implied Status. Note the use of the colon after "Canada":

If you leave Canada while under implied status, you may be authorized to re-enter Canada: <----

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:


To paraphrase: If you leave Canada while on Implied Status, you may be authorized to re-enter Canada as a temporary resident if your extension app has not yet been approved but cannot continue studying or working until you receive your new permit.