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Implied status question!

jes_ON

VIP Member
Jun 22, 2009
12,092
1,422
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
azhevzhyk said:
Hi all,
I also have a problem with my WP. It expires June 26 and from reading a lot on this forum I realized that there is no point for me to apply for visa extension as I will probably receive my PR faster than my WP.. Especially when processing time for WP is 83 days now! :mad:
Like some of you, I also have a job offer in TO and they want me to start in September. Same employer just different location.. I'm keeping my fingers crossed and hope to receive my docs before the end of August.. otherwise I will loose my mind. :'(
You don't say when you applied for CEC, but if you're assuming it will be finalized any time soon, I believe you are making a huge mistake. If you have your AOR and your WP is about to expire, there is no excuse for not applying for a BOWP, which
(a) gives you implied status (as long as you remain in Canada) while waiting for the BOWP to be processed,
(b) will allow you to continue working if your CEC application is delayed.

Otherwise, you cannot work after your WP expires, cannot apply for a BOWP after your WP expires, and would need to leave Canada while waiting for your CEC application to be finalized.

Yes, it is possible that your CEC application is approved and your WP application fee would be a "waste," but under happy circumstances. The alternative scenario - which is more likely - is not so happy.
 

azhevzhyk

Newbie
Jun 17, 2015
8
0
Job Offer........
Pre-Assessed..
jes_ON said:
You don't say when you applied for CEC, but if you're assuming it will be finalized any time soon, I believe you are making a huge mistake. If you have your AOR and your WP is about to expire, there is no excuse for not applying for a BOWP, which
(a) gives you implied status (as long as you remain in Canada) while waiting for the BOWP to be processed,
(b) will allow you to continue working if your CEC application is delayed.

Otherwise, you cannot work after your WP expires, cannot apply for a BOWP after your WP expires, and would need to leave Canada while waiting for your CEC application to be finalized.

Yes, it is possible that your CEC application is approved and your WP application fee would be a "waste," but under happy circumstances. The alternative scenario - which is more likely - is not so happy.

HI,
Yeah I actually sent papers yesterday to immigration office to extend my stay with letter explaining the situation. Never had issues with immigration office and can't see why they would reject my CEC application. It is very frustrating to wait but I also can understand CIC and the amount of job they have to do every day...... I was only hoping that they can process all applications they have received before December 31, 2014 first and only after they would concentrate on express entry applicants.. But...... all we can do is wait. ::)
 

rezafc

Champion Member
Jun 19, 2013
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01-08-2014
jes_ON said:
??? This is ONLY true if
a) you are from a visa-exempt country, and
b) if you have an LMIA (or are LMIA-exempt, e.g. under NAFTA) and are applying for a TWP
a) you are from a visa-exempt country

Not necessarily, I wasn't a visa-exempt and I didn't have any permit when I did my flag polling! Meaning I literally didn't have any permit or visa on my passport. They were all expired, and I was even out of my implied status thanks to the CIC phone officers! They could easily send me away. It all depends on the officers and your situation. They gave me a visitor permit for 6 months and told me when you get your LMO (LMIA in old terms) you can do it again and we issue you a work permit. Well that didn't happen so I extended my visitor visa once again at the border. Again I'm not from a visa-exempt country.

Maybe the rules have changed but I did it around 2 years ago.

Don't get me wrong, I don't recommend it at all, the amount of stress you take in, is way too much but it's most definitely possible! And I consider myself very lucky.
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,422
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
rezafc said:
a) you are from a visa-exempt country

Not necessarily, I wasn't a visa-exempt and I didn't have any permit when I did my flag polling! Meaning I literally didn't have any permit or visa on my passport. They were all expired, and I was even out of my implied status thanks to the CIC phone officers! They could easily send me away. It all depends on the officers and your situation. They gave me a visitor permit for 6 months and told me when you get your LMO (LMIA in old terms) you can do it again and we issue you a work permit. Well that didn't happen so I extended my visitor visa once again at the border. Again I'm not from a visa-exempt country.

Maybe the rules have changed but I did it around 2 years ago.
Rules haven't changed, they are posted here:
http://www.cic.gc.ca/english/resources/publications/work-temp.asp

But sometimes CIC and VOs make errors in our favour (not just against us). Lucky you!