IEC Work Visa ending - Applied for In-Land PR with a Work Permit.

[Jamesdavid3]

Hi all,

So my IEC work Permit ends in January 3rd. I have already sent off my PR application and OWP application in the mail so I guess I am on Implied Status.

I am going to continue working for the same employer even though my work permit has expired. I am still allowed to do this because I have sent off my new application before my current work permit expires which gives me Implied Status.

My only concern is that I will be under Implied Status for around 11 months as thats how long it takes for me to receive my work permit at the Stage 1.

When I do go to the boarder and activate and get this new Work Permit what is the Boarder Control going to say?

They will know that I didn't leave Canada on January 3rd 2014 and I guess they will also find out that I have still been working since that date.....

What is likely to happen? Will there be any trouble as that that stage When I see them I will have a new Work permit there allowing me to work...

Do the Boarder control people know about Implied Status??

 

[scylla]

Do the Boarder control people know about Implied Status??

Yes - they know about implied status. As many of us have previously explained, implied status doesn't apply to IEC visas. Border control also knows that implied status doesn't apply to IECs. So you may very well run into issues at the border.

There was a case a while back here where border officials refused landing to someone for this very reason (i.e. due to illegal work). Unfortunately she never came back to tell us if/how this issue was resolved. So it's anyone's guess what your experience will be.

 

[Jamesdavid3]

Well my Lawyer has advised me that I can so I am just going to follow his word and worst comes to worst he's the one who had advised me of this and not myself.

I'm sure the boarder guys will know I am holding onto a new Valid work permit anyway and they should know that I legitimately didn't know and that I followed all of the correct steps which I was advised.

Cant see anything bad coming out of this.

 

[zardoz]

Worst comes to the worst, it's YOU that takes the fall, not your lawyer. CIC does not care about advice you relied on from elsewhere. YOU will be the one with the problems. Take a look at CANLII and you will find lots of case law that demonstrates this principle...

 

[Jamesdavid3]

Well I know 2 other people who are doing this, if I fall we all fall...

 

[Alurra71]

Well I know 2 other people who are doing this, if I fall we all fall...

You should really take a long hard look here Jamesdavid. There ARE exceptions for the implied status rules of IEC visa. When you call CIC they don't clarify with you that you are indeed filing your application under the category where extending/bridging it is possible. That class happens to be CEC. You are filing for PR status under family sponsorship. What do you suppose is going to happen to you if you are nailed for working illegally?

I will answer that for you. You, not your lawyer will now be denied your PR.

You said, if you fall, then we all fall. Dude, seriously, I don't know who 'we' is in this regards, but I can assure you, that the majority of the folks on this board have since learned to NOT just follow along blindly and have since amended their working to follow the CORRECT set of rules and are no longer in danger of getting themselves denied entry on this particular issue. You are the one taking the chances with your future here and you only have yourself to blame if you should receive a negative outcome.

You take your chances how you want to take your chances, but I think you should think about your wife and children (if you have any). How are they going to feel at the end of this entire situation if/when their husband/father is sent back to wherever in the world. Just food for thought.

 

[Jamesdavid3]

Yeah, well my application has already been sent and I'm working still. My application has a cover page which states all of this information with Implied Status and that I am going to continue to work until I have my new Work Permit

Lets just wait and see I guess, I have been honest with them and when they read my application they will know that I am still working so lets see what happens.

The other two people I know doing the same are still waiting for their AOR's.

 

[PMM]

Hi

Yeah, well my application has already been sent and I'm working still. My application has a cover page which states all of this information with Implied Status and that I am going to continue to work until I have my new Work Permit

Lets just wait and see I guess, I have been honest with them and when they read my application they will know that I am still working so lets see what happens.

The other two people I know doing the same are still waiting for their AOR's.

Well you may get a nasty shock. From CIC


The following is letter received from CIC regarding implied status. The highlighted portion will be of interest of those on IEC work permits, who continue to think that they can benefit from Implied status to continue working.

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.

 

[Jamesdavid3]

Well like I have said many times.

That information is NOT posted or no listed anywhere on the internet. I guess this person had to enquire about this information to get it back.

So for 99% of people applying will not have access to that information and that's why Implied Status has always been such a grey area and there are loopholes to it.