International Experience Canada-> Implied status-> LMO

[on_line]

Hi,

I'm in Canada on Working Holidays I have open work permit.
My employer applyed for LMO but my work permit expire in two months.
Can I apply for new work permit before my old one expired and gain "Implied Status" based on LMO appication?. (Because I Implied not benefit from working holiday program)

Do someone knows what means this red statement?

E mail I got from cic

* 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.

cheers

 

[PMM]

Hi

Hi,

I'm in Canada on Working Holidays I have open work permit.
My employer applyed for LMO but my work permit expire in two months.
Can I apply for new work permit before my old one expired and gain "Implied Status" based on LMO appication?. (Because I Implied not benefit from working holiday program)

Do someone knows what means this red statement?

E mail I got from cic

* 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.

cheers

As it says, you can't benefit from Implied status, you need the LMO and a new work permit to continue working, you must either apply for an extension as a visitor or leave when the IEC expires.

 

[on_line]

But if my employer apply for lmo I ca get implied status

 

[scylla]

But if my employer apply for lmo I ca get implied status

No - there is no implied status for IEC visas. To continue working, your new work permit must be received before your IEC expires.

 

[on_line]

I called to CIC and they say me that if my employer apply for LMO I can get Implied Status even if I'm now on ICE OWP.

 

[Matthew Iwama]

On_line,

You are correct. You can apply for a new work permit to CPC-V using the LMO file number which has been issued. IEC is only responsible for granting you the introduction letter to apply to CIC for a work permit. IEC does not issue the work permit, CIC does. Therefore, you are currently on an Open Work Permit as per R205 and thus, eligible to work on implied status as per R183(u).

Address a cover letter to the officer stating the situation.

You will be covered by implied status through R183(6).

Scylla and PMM - I have to respectfully disagree with you. Have done this for dozens of clients and have spoken to CIC directly around this issue.

 

[PMM]

Hi

On_line,

You are correct. You can apply for a new work permit to CPC-V using the LMO file number which has been issued. IEC is only responsible for granting you the introduction letter to apply to CIC for a work permit. IEC does not issue the work permit, CIC does. Therefore, you are currently on an Open Work Permit as per R205 and thus, eligible to work on implied status as per R183(u).

Address a cover letter to the officer stating the situation.

You will be covered by implied status through R183(6).

Scylla and PMM - I have to respectfully disagree with you. Have done this for dozens of clients and have spoken to CIC directly around this issue.

I think that I would accept the letter from CIC rather than your opinion.

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.

 

[scylla]

Scylla and PMM - I have to respectfully disagree with you. Have done this for dozens of clients and have spoken to CIC directly around this issue.

If this information came from calling the CIC help desk - you need to discount it. They are fine with basic "how to" questions. Anything more complicated they typically mess up. I can't count the number of times people on this forum have been given massively incorrect information (e.g. you can't sponsor a spouse using the outland method if they are in Canada).

You should search this forum for the threads where things have gone incredibly wrong for people who thought implied status applied to IEC when it in fact doesn't. Two of the worst: (1) receive a PR visa but was then refused landing due to the illegal work (i.e. work during non-existent implied status); (2) inland application that was sent to local office for scrutiny rather than receiving AIP because (and yes they were specifically told this by a CIC officer) they had continued working after the expiry of their IEC and because implied status doesn't apply, they had worked illegally.

Believing there is implied status on IECs seems to be one of the biggest misconceptions immigration lawyers and consultants have. Those who manage to do it just aren't caught. Those that are caught end up in very bad situations.

 

[Matthew Iwama]

Please point me to the section of the IRPA or IRPR which states this.

If this was taken to Federal Court, what do you think the outcome would be if this restriction was not outlined in the law or regulations?

 

[Rob_TO]

Please point me to the section of the IRPA or IRPR which states this.

If this was taken to Federal Court, what do you think the outcome would be if this restriction was not outlined in the law or regulations?

There have been several people on this very forum, that have shared their experiences of continuing to work under an expired IEC visa with assumed implied status, only to be caught by CIC and told they are working illegally, with clarification that IEC visas do not benefit from implied status. For the people that were applying inland, this has caused extreme delays to their application.

Despite what you may or may not believe, there is no denying the actions that CIC has actually done to these people.

 

[Matthew Iwama]

I am not saying that these things have not happened to people or CIC has said this or that, but I would just ask you to clarify for me, where in the IRPA and IRPR it says that those participating in youth mobility programs are not privileged through implied status.

For the sake of myself and others, I would be curious to know.

 

[Matthew Iwama]

My interpretation of this letter from CIC is those wishing to extend their work through another IEC category such as re-participation in the WHP or Young Professionals, etc.

Typical scenario:

1) WHP holder needs to accumulate 12 months work for CEC, is out by about 2-3 weeks, applies for new LMO/WP, accumulates 2-3 weeks on implied status, then applies for CEC

IRPA and Regs are law; for all the people who have faced this issue that you speak about, should have taken it to FC in my opinion.

This is only my opinion, I respect yours and I believe this forum is to be used for open-source learning from one another

 

[Matthew Iwama]

Furthermore, what is your interpretation of this phrase, "unless extending a work permit not initially issued for the time limit authorized by the program."

If they are already on a new work permit (non-IEC), they are no longer IEC participants. They are just regular TFWs.

My interpretation as well as many of my colleagues is that, "unless extending a work permit not initially issued for the time limit authorized by the program" means if they are extending their work permit through CPC-V through the LMO-route, not the IEC program.

People who string along IEC visas back to back and try to benefit from implied status are certainly engaging in unauthorized work.

I am curious to hear your thoughts - based on the IRPA/IRPR/Manuals/Case Law - not anecdotal forum chatter

 

[Rob_TO]

IRPA and Regs are law; for all the people who have faced this issue that you speak about, should have taken it to FC in my opinion.

The problem with the regulations is that they don't explicitly say all situations in which the rules don't apply. They state under what conditions implied status is able to allow someone to continue working, and the interpretation of that law by some visa officers is that it doesn't apply to IEC visas since they are by definition non-extendable. The vague working of the rules is what makes this so confusing.

Here is a good thread that shows one person's situation of what happened, and then several responses from CIC stating specifically that IEC visas don't benefit from implied status. http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

One of the posters there actually had their lawyer contact CIC about the issue, and the response from CIC was: "The call centre agent told me that as a result of my query, there will be a change in the wording of CIC's statement that holders of IEC open work permits do not benefit from implied status." As with many CIC rules and regulations, their choice of wording leads to lots of confusion.

If someone is "caught" doing this, and then decides to bring the issue through the appeals process to the courts, no matter the eventual outcome they have already lost due to the significant delay in their PR application and lawyer fees they will probably incur.

 

[Matthew Iwama]

Rob_TO,

I then question, how is that a "non-extendable" PGWP can be "extended" into a new WP, and holders of PGWP benefit from implied status?

When you're applying through CPC-V, you are not "extending" your IEC permit, you are actually applying to change the conditions of your work permit.

E-mails from CIC are not law either. Only the IRPA, IRPR and Case Law are law.