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Implied status after WHV

Bk4gd

Newbie
Feb 27, 2018
2
0
Hello, My current WHV expires on March 1st and my Bridging Visa probably wont be granted before before the middle of March. I have called IIRC many times and they differ in their answers to whether I have implied status (and can work) or not during this time. The internet also seems to agree that IS isnt something offered to people with a WHV (especially here: http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends) My workplace has said I do have IS and I should work but I just dont want to risk it. My current plan is to go the US tomorrow and on my return talk to them at the Canadian border when I reenter and find out if I have IS (whilst my visa is still valid so I wouldn’t be breaking IS by leaving the country). If I do not have IS then I will come back in as a visitor (is this possible?) Does anyone have a definitive answer to this question (including proof)? Or have a reason why going to the border to find out is a bad idea?
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,419
Others can comment but I would not expect CBSA to to give any immigration advice at the border given it is not within their remit to do so beyond what information they have in front of them on the system.

Also have you considered that given your WHV expires March 1 what your plan B would be if CBSA decide based on the info in front of them to not let you enter or at least give you a restricted entry stamp to sort out your affairs due to the WHV expiry if that is all the info they have in front of them ?

Above is a personal view and not based on personal experience hence others can agree/disagree.
 
Last edited:

monkeyspanner

Hero Member
Sep 7, 2017
341
99
Canada
Category........
CEC
App. Filed.......
25-10-2017
AOR Received.
25-10-2017
Med's Done....
08-11-2017
Passport Req..
19-12-2017
I assume you have applied for PR and then bridging open work permit. As such as a minimum you have implied status as a visitor because you have a pending visa application. Opinion expressed on both this site and British Expats will be that you cannot work between the expiry of a WHV (IEC I assume) and the granting of the BOWP. The opinion of IRCC helpline given to me on 3 occasions is that you do have implied status to work between WHV expiry and BOWP. This leaves you understandably with uncertainty and in the end the decision is yours and of course your employers. There is an added technicality, your SIN will expire at the end of your WHV and cannot be renewed until you get the BOWP. This causes problems with new employers but existing employers will in many cases continue to use the existing number and as yours has expressed a willingness to comtinue your employment that should not be a problem.

As Bs65 says I think it is unlikely you would get advice at the border. As far as I know you could re-enter as a visitor but there would be little point as this would definitely fix your status as a visitor and limit your choices.