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

SchnookoLoly

Champion Member
Mar 5, 2012
1,147
79
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25 Jan 2012
File Transfer...
24 Apr 2012
Passport Req..
26 Jun 2012
VISA ISSUED...
21 Aug 2012
LANDED..........
08 Dec 2012
Alurra71 said:
Any GOOD immigration lawyer would not have told him he could work under implied status to begin with, me thinks ;)
Hah, yes, pretty much. Any half-competent immigration lawyer also knows that when you call CIC you just get through to their mis-information line.

Something about ignorance is bliss, fingers in ears, LA LA LA LA LA, etc?
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Alurra71 said:
Any GOOD immigration lawyer would not have told him he could work under implied status to begin with, me thinks ;)
Yes, I agree. It was bad enough that his lawyer told him that he can continue working on "implied status" under IEC. But in this case, even his lawyer should at least know that the PR application was submitted after the IEC expired. If his lawyer continue to tell him he can work, he can be subject being sued by jamesdavid when jamesdavid get caught.
 

Ponga

VIP Member
Oct 22, 2013
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Seriously JD3...you should strongly consider what you're being told and stop working now. This is nothing to joke about and it could have very real...very devastating consequences.

We're all trying to help each other along in this whirlwind process, and you are no different. Bickering/arguing aside...you have a real problem on your hands.

Good luck!
 

SchnookoLoly

Champion Member
Mar 5, 2012
1,147
79
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25 Jan 2012
File Transfer...
24 Apr 2012
Passport Req..
26 Jun 2012
VISA ISSUED...
21 Aug 2012
LANDED..........
08 Dec 2012

Jamesdavid3

Hero Member
May 22, 2013
661
14
Job Offer........
Pre-Assessed..
Rob_TO said:
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.
False.

The CIC sent me a letter saying that I must send my updated application with 90 days to retain my Implied Status, which I did
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Jamesdavid3 said:
False.

The CIC sent me a letter saying that I must send my updated application with 90 days to retain my Implied Status, which I did
Yes and I bet that "implied status" is meant to be "visitor status" not work visa status since it has expired before your PR application. Basically what you did was considered a "restoration of status" and I can bet that it won't be an IEC restoration status. Once your status is restored, you are under default of "visitor" status.
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Here is an interesting file on restoration of status.

http://www.threesquareimmigration.com/pdf/Restoration_of_Status_A_Guide_for_Canadian_Temporary_Residents.pdf

Note at bottom:

Lastly, restoration of status applications can take up to 16 weeks to process. During this time workers and students are not eligible to continue their work or studies. This is not implied status. Therefore, temporary residents should take all proactive measures necessary to avoid this circumstance.
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp#restoration

Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, because you failed to comply with one or more of the following conditions:
•You remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
•You changed employers or type of work before obtaining a new work permit.
•You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.

You may still be eligible for restoration if you continue to meet the initial requirements for your stay and have not failed to comply with other conditions imposed.

You may wish to complete an application to apply for restoration of temporary resident status and for a new study or work permit. There is no guarantee that your application will be accepted. On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence.

If you wish to obtain a new study or work permit and restore your temporary resident status, you must pay the permit fee in addition to the restoration fee.

Restoration applies to each family member who has lost his or her status.

An officer will evaluate your request for restoration of status and if approved will process your application for a study or work permit. You will then be advised of any further action to be taken.


Note: You may not study or work in Canada until your application for restoration has been processed.


So jamesdavid, as much as you like to argue, your arguments of "implied status" won't work. Once CIC has determined that you were on IEC, CIC won't grant you your work visa back but put you back on "visitor" status. In the meantime, you were suppose to be "NOT WORKING" until your status is restored.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Jamesdavid3 said:
False.

The CIC sent me a letter saying that I must send my updated application with 90 days to retain my Implied Status, which I did
Well it's good that CIC gives some leeway around implied status when returning applications to be re-submitted.

So in your case, the only issue is still the general one of working under expired non-extendable IEC. And based on all the posts you read at the expats forum, it's pretty clear that implied status is not allowed here with IECs. Odds are probably low you'll be caught, but just be prepared for a worst case scenario of being caught (like a few others have) and facing incredible PR processing delays at a minimum.
 

Jamesdavid3

Hero Member
May 22, 2013
661
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Rob_TO said:
Well it's good that CIC gives some leeway around implied status when returning applications to be re-submitted.

So in your case, the only issue is still the general one of working under expired non-extendable IEC. And based on all the posts you read at the expats forum, it's pretty clear that implied status is not allowed here with IECs. Odds are probably low you'll be caught, but just be prepared for a worst case scenario of being caught (like a few others have) and facing incredible PR processing delays at a minimum.
If Worst comes to worst, and I am caught, I will not be the one in trouble. I have enough evidence to prove that I have been following my Lawyers knowledge and advice and guidance so I will be not solely responsible. If this goes to court for example or the equivalent I will have enough written evidence to prove my case that I was following guidelines which my lawyer told me.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Jamesdavid3 said:
If Worst comes to worst, and I am caught, I will not be the one in trouble. I have enough evidence to prove that I have been following my Lawyers knowledge and advice and guidance so I will be not solely responsible. If this goes to court for example or the equivalent I will have enough written evidence to prove my case that I was following guidelines which my lawyer told me.
Unfortunately what your lawyer has told you is completely irrelevant to CIC. You are still looking at years of delays to your PR app if caught based solely on the glacial pace of the application review and possible appeals process, regardless of what any lawyer or CIC call centre agent may have told you.
 

screech339

VIP Member
Apr 2, 2013
7,887
552
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Jamesdavid3 said:
If Worst comes to worst, and I am caught, I will not be the one in trouble. I have enough evidence to prove that I have been following my Lawyers knowledge and advice and guidance so I will be not solely responsible. If this goes to court for example or the equivalent I will have enough written evidence to prove my case that I was following guidelines which my lawyer told me.
It doesn't matter what the lawyer told you. CIC doesn't care. CIC is coming after you, not the lawyer. And I bet that if in the event you do get caught, good luck getting help from your lawyer. He/she will probably find a way to wash his/her hands of the issue since last thing he/she wants is a black mark from CIC. After all, CIC is also cracking down on dishonest immigration lawyers as well.
 

hockeyfan

Hero Member
Mar 5, 2013
336
23
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
05-03-2013
AOR Received.
15-03-2013
Med's Done....
10-01-2013
Passport Req..
Visa Exempt
VISA ISSUED...
Not yet
LANDED..........
31-05-2014
Jamesdavid3 said:
If Worst comes to worst, and I am caught, I will not be the one in trouble. I have enough evidence to prove that I have been following my Lawyers knowledge and advice and guidance so I will be not solely responsible. If this goes to court for example or the equivalent I will have enough written evidence to prove my case that I was following guidelines which my lawyer told me.
This guy's back again, eh? Wow...........
 

Laura248

Newbie
Jun 18, 2014
6
0
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!!!!!

screech339 said:
So I suppose this letter from CIC is a fake letter? Note that at bottom that IEC does not get "implied status".

Which lead me to believe that your letter from CIC is a cookie cutter response to everyone on close work permit. CIC probably assumed you to be on a closed work permit since you applied for an "OPEN" work permit.

So quoting a line from you (your words not mine).

I'm tired of people giving false information, Just look at that document and it couldn't be any more clear.

Screech339