implied status and expiring Social Insurance Card?

[Alurra71]

Volkov, has the application been submitted for longer than 4 months?

I was under the impression that the OWP was issued inside of 4 months, give or take a few weeks ...

 

[volkov]

Implied Status is NOT the same. In the case of PGWP or IEC holders, the Implied Status allows them to remain in Canada. It says nothing about also being allowed to continue to work (same employer or not) in Canada.

I hope you can find the source of what you've posted, as there have been many members here (myself included) that have looked through the manuals and Operational Bulletins and have not found anything to confirm what you're saying.

The simple fix to this mess, would be for CIC to publish something (anything) to address this matter.

this page has points that seem to fit, without any caveats to suggest "unless the original work permit is non-renewable"

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=474&top=17





and to Alurra71, unfortunately my spouse's current permit expires before the 4 months, maybe a miracle will happen and CIC will get back to us and we won't have to worry about implied status, but if not, quitting the jobs would be a very sad result while waiting to hear from them... I still don't see in print on CIC documents that implied status forces my spouse to quit working though, not clearly spelled out, that is for sure

 

[Alurra71]

this page has points that seem to fit, without any caveats to suggest "unless the original work permit is non-renewable"

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=474&top=17

and to Alurra71, unfortunately my spouse's current permit expires before the 4 months, maybe a miracle will happen and CIC will get back to us and we won't have to worry about implied status, but if not, quitting the jobs would be a very sad result while waiting to hear from them... I still don't see in print on CIC documents that implied status forces my spouse to quit working though, not clearly spelled out, that is for sure

This would be the caveat that would have me wondering, since technically speaking she is asking for a different type of permit. Granted both are OWP but both are issued in a differnt manner, her current one is ONLY issued for graduates, the one she is asking for is the standard OWP issued to all spouses via the sponsorship stream or by being married/common law with someone who holds another type of permit already.

If you applied for a different kind of permit:

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.

I know they use the worker/student to denote their particular example, but it's anyone's guess as to whether they would actually consider the PGWP and the standard issue OWP the 'same'

 

[volkov]

then, to me, it doesn't get any clearer than this:

http://www.cic.gc.ca/english/resources/tools/temp/work/permit/implied.asp

"R186(u) allows for persons to continue working under the conditions of an expired work permit, as long as they applied for a new work permit before the original work permit expired and have remained in Canada. Once the decision has been made, the client will either have to leave Canada or will continue as a worker who holds a valid work permit."


it doesn't say anything about any exceptions for the type of original work permit, whether it is renewable or not, it clearly states that if "they have applied for a NEW work permit before the original work permit expired" they can "continue working under the conditions of an expired work permit"


so this covers the situation exactly, a new work permit has been applied for, based on the PR application... and the expiring work permit is a PGWP which is an open work permit, my spouse should be able to keep working at the 2 jobs and should also be able to get a new job, as this is following the guideline exactly "the conditions of an expired work permit"

 

[Ponga]

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends
This also pertains to PGWP holders, as they also cannot be extended.

I understand your desire to debate this, believe me I do. It's a shame that CIC can't do something to answer this remedial question.

 

[volkov]

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends
This also pertains to PGWP holders, as they also cannot be extended.

I understand your desire to debate this, believe me I do. It's a shame that CIC can't do something to answer this remedial question.

their whole argument there is based on the premise that "implied status" is a type of extension, which is not the right way to look at implied status, implied status is a whole new thing as a prelude to a new status and should be looked at as such, with the only similarity being that it uses your old restrictions until new ones come in to play with the new status..... they are going at it from a defeatist state of reasoning

I'm going to call the Call Centre tomorrow or the next day, I wonder if they would mind if I record the call (I will tell them), as something this legally important deserves straight, valid answers from the government