IEC Working Holiday to WP+LMO - HELP

[Rovio]

Hi all,

I already searched on this forum and over the internet but I'm very confused about what I found.

My open work permit based on Working Holiday IEC will expire in 2 months (I have an option to stay longer as a visitor for another 6 months). I'm actually working and my employer is ready to sponsor me in order to stay and keep working. The idea is that I'll apply for a new WP supported by a LMO before the other expires, but my guessing is that I won't receive the new WP before the other expires.

1- In these conditions, will I be in Implied Status and can keep working? Some say yes, some say no...
2- if the answer is just no, in order to stay in Canada, will I need to apply for a Visitor Visa before the WP expires? knowing that I'll have a WP application processing.

Thank you for helping

 

[samanta60]

I don't know the right answer to your question. But based on your nationality, you may be eligible to apply for a second IEC work permit under Young Professionals category, which I think requires a job offer from your employer.
Did you check that?

 

[Rovio]

Thank you Samanta. Unfortunately there is no young professional program available for Italians.

 

[samanta60]

Why don't you call CIC help line to ask if you will go on implied status and can still work in the situation you described.
The number is 1-888-242-2100 (only from within Canada)

 

[Rovio]

Thank you, I just tried but it seems other people had the same idea at the same time no way to talk to CIC staff, I'll try later.
In the meantime, please anybody feel free to answer or post his personal experience, I'm sure I'm not the only one that passed through this.

 

[samanta60]

Thank you, I just tried but it seems other people had the same idea at the same time no way to talk to CIC staff, I'll try later.
In the meantime, please anybody feel free to answer or post his personal experience, I'm sure I'm not the only one that passed through this.

Based on my experience, any time that you decide to call CIC you should be ready to spend an hour or more to reach them, it's always very busy. Once I had to pay a lot to my phone provider, due to the minutes I spent on trying to call CIC (customer service of my phone provider told me that I had tried to call CIC about 50 times, one after another-finally I talked to them).

I hope experts in this forum will answer your question soon.

 

[scylla]

There's no implied status with IECs. You'll need to apply to convert your status to visitor before your IEC expires and stop working as soon as your IEC expires. Once your employer has an approved LMIA, you can then apply for a closed work permit. Good luck.

 

[Rovio]

Thank you Scylla.

What about the Concurrent Processing Option? Could it be applied to my case and help speed up the process?

 

[canuck_in_uk]

Thank you Scylla.

What about the Concurrent Processing Option? Could it be applied to my case and help speed up the process?

Has your employer actually completed the necessary advertising and applied for the LMIA already?

 

[Rovio]

No he still didn't advertise or apply for LMIA as we just started to discuss about it. I work in a small architecture office and the only foreigners here are Americans so they don't have experience with foreign workers from other countries.

Another question that I have, I read it's possible to submit s Written Explanation instead of advertising for 4 weeks. My situation is that I'm an architect with specific skills, working already since 4 months on a specific project. We have an important submission across the period where I would have to stop working, is that something that may justify a Written Explanation?

I contacted the CIC as suggested by Samanta and I had the same experience other people had, they told me I will have Implied Status. I specified twice that it would be a transition from an IEC Open Work Permit to a Close Work Permit. So...

 

[samanta60]

I found this:

http://britishexpats.com/wiki/Implied_Status_IEC

I only read the first paragraph and thought it might be helpful for your situation. Please share here if you get to any certain conclusion about possibility of implied status after IEC.

 

[scylla]

Another question that I have, I read it's possible to submit s Written Explanation instead of advertising for 4 weeks. My situation is that I'm an architect with specific skills, working already since 4 months on a specific project. We have an important submission across the period where I would have to stop working, is that something that may justify a Written Explanation?

No - that won't work. Your employer needs to advertise to have any hope of the LMIA being approved. The written explanation is for employers who don't want to use Job Bank. It doesn't mean your employer can skip the advertising requirement completely - it just means you don't have to use Job Bank.

There is an exemption available to people with specialized knowledge - but you're in the wrong line of work to benefit from that. You would have to be working with some sort of very specialized equipment (e.g manufacturing segment).

You have very little time left before your IEC expires. Your employer needs to start advertising asap.

 

[Rovio]

Thank you Samanta, I read that and it makes sense, they clearly explain that Implied Status is not available for IEC.

So I guess I'll submit a Work Permit application as fast as I can and in parallel I will apply for a Visitor Visa, just to make sure I can stay in Canada legally. If I'll do that, will I be at least allowed to work until the expiring date of my current Work Permit?

Thanks

 

[scylla]

Thank you Samanta, I read that and it makes sense, they clearly explain that Implied Status is not available for IEC.

So I guess I'll submit a Work Permit application as fast as I can and in parallel I will apply for a Visitor Visa, just to make sure I can stay in Canada legally. If I'll do that, will I be at least allowed to work until the expiring date of my current Work Permit?

Thanks

Yes - you can continue working until the expiration date of your work permit.

 

[Rovio]

Thank you Scylla, finally good news Smiley

And just because it's not complicated enough: I will travel outside Canada and come back before the current Work Permit will be expired, but after having applied for the Visitor Visa and hopefully after having applied for the new Work Permit. What is going to happen at the Port of Entry? Will my status change somehow or I'll just keep the current status?