Implied status for WHV??

[Mr.Maker]

Hi all.
It's really nice place to discuss the matter we have
Thank you for all, I studied pretty a lot but I still confused..

I'm from Korea(visa exempt country) with working holiday visa that is length of 1 year.
and my girlfriend is Citizen in Canada and we will get marry inn few months.
After that she wanna sponsor me as a spouse.
Issue is my WH visa will be expired next March and I got a full-time job this month, they can give me a work permit.

Here is my previous thought.
1. Start work with just WH visa(I don't wanna spend a money for applying LMO+working visa)
2. After got marry with her, apply for F.S out land process with open work permit.
3. will get open work permit.

BUT!! after I read lots of answer here about F.S, I knew that
1. No OWP for outland process
2. Not recommend inland process for person from visa exempt country(because of the fast time)
3. There is Implied Status that I can stay legally.

So, I have questions.


I'm confused but I think outland process pretty better for me.
For outland process, there are not OWP then, I have to think about Implied Status.
for Implied Status, what should I do?
working holiday visa can be extened to implied status?
Let's say, it'will take 5 month to get an approval of first step after I apply F.S in December. But my WHV is expired in March.
There are one or two month gap.
I want to work legally.... so, what is the best way for me and my girlfriend?
It's a little bit complicate but help me please.

I really appreciate it.

by Mr.Maker

 

[Leon]

Start work on WH visa, apply for LMO and closed work permit with this employer, marry girlfriend and apply outland.

If you skip the middle step, you risk that your WH visa will be expired before your outland comes through. As far as I know, you can have no implied status to continue working going from WH visa to PR. You can sometimes have implied status if your employer has applied to extend your work permit but you are waiting for an answer on that. That is not the case here. Without extending your work permit, you would have an option to apply to change your status to visitor while you wait for your outland to come through but then you would not be able to work in the meantime.

 

[Mr.Maker]

Thank you, Leon!
I read many of your answers and this time you wrote for me.

yes. I don't think I can have a implied status with WH visa.
I might follow your advice. Thanks again!

You're the best!

 

[castropolitan]

Why? is somewhere where said WH can not have implied status on PR aplication?

Im trying to find it.. im on the same program. I know i can not apply in the same scenario, i mean another Working Holiday year.

But i can send an aplication for a extension and wait the answer under implied status?

Thanks
Susana

 

[castropolitan]

Well the form for apply extension doesnt give the option to extend wh.. while pr process..

 

[scylla]

You can't extend a WHV and they don't benefit from implied status. So no - you can't.

You would have to change your status to visitor, stop working, and wait with visitor status. If you want to continue working, you need a job offer, approved LMIA from your employer and a new work permit.

 

[castropolitan]

Thanks.. i just have to hope to work while im waiting PR.. my employer doesnt qualify for LMIA, cause is hospitality job.. or something like that..

Look like all the doors are closing one behind the other one...

Thanks for all the info and your time.

Susana

 

[ISP221]

I am currently in an IEC OWP and married a Canadian citizen. I was pondering applying outland or inland and contacted the Help Centre about implied status if my OWP expired. I did this twice just in case the agents said different things, but both said the same thing. They both said as long as the work permit was included in the inland application and received before the expiration of my IEC OWP I would be under implied status. I'd recommend calling a few times and seeing what they say and recording the call if possible. They won't put anything "granting" you implied status in writing ever, but at least if you have a recorded call you have a defense if it becomes an issue ever.

 

[beholder69]

I am currently in an IEC OWP and married a Canadian citizen. I was pondering applying outland or inland and contacted the Help Centre about implied status if my OWP expired. I did this twice just in case the agents said different things, but both said the same thing. They both said as long as the work permit was included in the inland application and received before the expiration of my IEC OWP I would be under implied status. I'd recommend calling a few times and seeing what they say and recording the call if possible. They won't put anything "granting" you implied status in writing ever, but at least if you have a recorded call you have a defense if it becomes an issue ever.

If you apply inland and include an OWP, you get implied status as visitor, meaning you can legally stay in Canada but you cannot work. Unfortunately the call centre is pretty unreliable but even if you record calls or have it written by lawyers and so on, there will not be any defense, as it's CBSA that's issuing deportation orders. I've said it before but had 2 friends who got sent home and had their applications cancelled because they continued working under the exact same scenario.

 

[ISP221]

What I read in the IRPA and online on the CIC website above say differently. They say implied status means someone who applies for another work permit or an extension of their current one can continue working under the conditions of their current/expiring work permit until the new application is ruled on. No where does it ever say implied status changes your status from one category, temp. foreign worker, to visitor. WHV are not extendable, so I'd see that being the case if someone applied for an extension knowing they wouldn't get one just to get implied status for a bit longer, but a different work permit. Anyways, seems like a muddy issue for sure and hard to argue when the CBSA has deported people for it. Sure be nice if CIC would make it clearer.

 

[screech339]

What I read in the IRPA and online on the CIC website above say differently. They say implied status means someone who applies for another work permit or an extension of their current one can continue working under the conditions of their current/expiring work permit until the new application is ruled on. No where does it ever say implied status changes your status from one category, temp. foreign worker, to visitor. WHV are not extendable, so I'd see that being the case if someone applied for an extension knowing they wouldn't get one just to get implied status for a bit longer, but a different work permit. Anyways, seems like a muddy issue for sure and hard to argue when the CBSA has deported people for it. Sure be nice if CIC would make it clearer.

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

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.

------------------------------------------------------------

Note in RED in CIC addressed to PRsoon at bottom of letter that Working Holiday Program (WHP) do not benefit from implied status. You can't get it any clearer than that from CIC. There is no gray area. It is spelled out there in the letter.

 

[ISP221]

That is clear as clear can get indeed. Hopefully the OP sees that. Thanks for sharing it. Makes me glad I applied outland and didn't count on implied status!

 

[beholder69]

What I read in the IRPA and online on the CIC website above say differently. They say implied status means someone who applies for another work permit or an extension of their current one can continue working under the conditions of their current/expiring work permit until the new application is ruled on. No where does it ever say implied status changes your status from one category, temp. foreign worker, to visitor. WHV are not extendable, so I'd see that being the case if someone applied for an extension knowing they wouldn't get one just to get implied status for a bit longer, but a different work permit. Anyways, seems like a muddy issue for sure and hard to argue when the CBSA has deported people for it. Sure be nice if CIC would make it clearer.

There are 2 separate things here:
First one is if you can get implied status as a worker (like you read from the website) with IEC. You can't.

If now you get this completely out of the way, what remains is if you can legally stay in Canada while having an Inland spousal sponsorship application in process. If you apply for an OWP along with your application, then that automatically gives you implied status as a visitor ie you do not need to send a form to change your status and become a visitor. It's two different things

 

[beholder69]

Oops, pressed "quote" before noticing Screech had responded already, that pretty much sums it up ;D