IEC Work Permit to Implied Status

[orcafusion]

Hi all,

I am currently on an IEC Work Permit which expires beginning of May 2019. I am going to be on Implied Status hopefully for 3 or so months until say August 2019. I am in the BC PNP pool waiting for an invite for EEBC Skilled Worker. If the BC PNP does not get approved by the time the open work permit application is approved (end of Implied Status) I know I must stop working, but my question is, how long do I have to leave the country? And can I remain in Canada to apply for a Visitor Visa, or do I need to leave the country as soon as I receive the refusal letter and apply for a Visitor Visa from overseas? I do not wish to lost my legal status in Canada.

Thank you.

 

[canuck_in_uk]

Hi all,

I am currently on an IEC Work Permit which expires beginning of May 2019. I am going to be on Implied Status hopefully for 3 or so months until say August 2019. I am in the BC PNP pool waiting for an invite for EEBC Skilled Worker. If the BC PNP does not get approved by the time the open work permit application is approved (end of Implied Status) I know I must stop working, but my question is, how long do I have to leave the country? And can I remain in Canada to apply for a Visitor Visa, or do I need to leave the country as soon as I receive the refusal letter and apply for a Visitor Visa from overseas? I do not wish to lost my legal status in Canada.

Thank you.

Hi

There is no Implied Status granted from applying for PR. Are you planning on applying for a BOWP?

If you do not qualify for a BOWP, you either need to apply to change your status to visitor before your IEC permit expires or you need to leave Canada by that date.

 

[orcafusion]

I have been advised by my lawyer that I can apply for a new open work permit before my IEC expiry, although I wont get it I can benefit from the 3 months implied status, I know its very controversial and must be within a PR application to do so but I know so many people that have done it, anyhow that is not my question, my question is when the implied status ends and I receive the refusal letter, where do I stand, must I leave the country straight away, or do I have time to remain and apply for a visitor visa? I heard I have 90 days to remain in the country without taking any action.

 

[canuck_in_uk]

I have been advised by my lawyer that I can apply for a new open work permit before my IEC expiry, although I wont get it I can benefit from the 3 months implied status, I know its very controversial and must be within a PR application to do so but I know so many people that have done it, anyhow that is not my question, my question is when the implied status ends and I receive the refusal letter, where do I stand, must I leave the country straight away, or do I have time to remain and apply for a visitor visa? I heard I have 90 days to remain in the country without taking any action.

If you apply for a work permit when you don't actually qualify, the app will likely be rejected as incomplete. This means that you will be out of status as of the IEC expiry and any work done after it expires in the beginning of May would be considered illegal. If it is refused as normal, you are out of status as of the refusal day.

You don't get 90 days to remain. IRCC allows a 90 day grace period to restore status but you are illegal that entire time. It is not permission to remain in Canada an extra 90 days.

 

[orcafusion]

Hi, I know the application will more than likely be refused however people have received implied status in the same situation for almost 4 months. With the implied status you are allowed to continue to work, when I receive the refusal letter i understand that I lose status. I am asking what happens after this, do I need to leave the country the same day as the letter or can I then go to a visitor visa without leaving the country? Thank you.

 

[zardoz]

Hi, I know the application will more than likely be refused however people have received implied status in the same situation for almost 4 months. With the implied status you are allowed to continue to work, when I receive the refusal letter i understand that I lose status. I am asking what happens after this, do I need to leave the country the same day as the letter or can I then go to a visitor visa without leaving the country? Thank you.

Not "refused", but "returned as incomplete" because you are not submitting all the required documentation for a complete application. There is no implied status for a "returned" application. There is a huge difference between the two.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/ircc-has-finally-updated-on-the-iec-implied-status-debate.617584/

 

[scylla]

Hi, I know the application will more than likely be refused however people have received implied status in the same situation for almost 4 months. With the implied status you are allowed to continue to work, when I receive the refusal letter i understand that I lose status. I am asking what happens after this, do I need to leave the country the same day as the letter or can I then go to a visitor visa without leaving the country? Thank you.

The application will most likely be returned as incomplete - which means you will be beyond he 90 day period to apply to restore your status. If that happens, you will need to leave Canada. It won't be possible to restore your status or change your status to visitor from within Canada.

 

[canuck_in_uk]

Hi, I know the application will more than likely be refused however people have received implied status in the same situation for almost 4 months. With the implied status you are allowed to continue to work, when I receive the refusal letter i understand that I lose status. I am asking what happens after this, do I need to leave the country the same day as the letter or can I then go to a visitor visa without leaving the country? Thank you.

As I said and as reiterated by the above posters, returned as incomplete means no Implied Status and you will have worked illegally in Canada for months.

This rejection option was created because IRCC got tired of people doing what you want to do, applying for an extension that they don't qualify for in order to continue working.