International Mobility Program - Open Work Permit

[Mtag]

Hello,
Becoming confused and trying to trawl through the pages that are only slighted related to my question is not working for me.

I am currently working in Canada on an IEC. My boyfriend and I are just about to send away the Family Sponsorship application (he is Canadian), and we are trying to decide whether we should go Outland or Inland based on the information of this new "International Mobility Program -Open Work Permit"....


Our understanding is that once he has been approved as a Sponsor, and my application has begun to be processed I would then be granted the Open Work Permit, whereas it used to be that I would have been granted the 'implied status'. I know that Implied status would have allowed me to continue to work, however if I left the country and returned I would lose that status and would be re-entering as a visitor only. HOWEVER, under this new Open Work Permit trial, can I leave? Can I leave Canada, and return and still be a worker? Or do I lose that status, same as the old implied status system?

Because if I CAN leave and return still as a worker, that would be better since the processing time is 25 months..... and I kind of would like to be able to visit home in that time!

Thanks for your help in advance!

 

[RajaJi]

Under the new Pilot program, if you submit an INLAND application (SCLPC), you can also apply for an OWP. As per CIC you will get OWP approval within 4 months (not guaranteed). Those who apply INLAND must remain in Canada. If they decide to travel outside Canada and if for any reason are not allowed to return to Canada, their application will be refused.

IEC workers applying for OWP under this program may continue to work until the expiration of their IEC. If your IEC expires before you get your OWP, you will have Implied Status to remain in Canada as a Visitor and must stop working.

Processing time for INLAND application is 2+ years. OUTLAND is quicker and allows the applicant to either continue to stay in Canada or outside Canada.

 

[Mtag]

So... there's really no difference between the original implied status system allowing people to work once their sponsor was approved and their application has started to be processed, and this new work permit? Either way you still can't leave the country? That seems odd. What's the point in changing the name of it.
There's no mention of being able to or not being able to leave on the website either.

 

[RajaJi]

Previously, to apply for an OWP, an INLAND applicant had to wait till AIP (Approval In Principal). Now OWP application can be submitted along with INLAND application (in the same package).

 

[canuck_in_uk]

So... there's really no difference between the original implied status system allowing people to work once their sponsor was approved and their application has started to be processed, and this new work permit? Either way you still can't leave the country? That seems odd. What's the point in changing the name of it.
There's no mention of being able to or not being able to leave on the website either.

The very basis of an inland app is that you be cohabiting IN Canada with your partner. You are free to leave at any time but if you are denied entry back into Canada, then you are no longer cohabiting in Canada and therefore do not meet the requirements of an inland app. This has nothing to do with the work permit; CIC can NEVER guarantee re-entry to temporary residents, regardless of what permit they hold or shat application they have processing.

Previously, applicants had to wait until AIP (currently at 17 months) to get the OWP. With the new pilot, CIC is saying that applicants will get the OWP 4 months after submission. Being able to work 13 months before is a VERY big difference to most inland applicants.

Where are you from?

 

[Mtag]

From Australia.

My understanding of what had been explained to me by an immigration lawyer was that if I am applying Inland and have implied status in order to continue working, that that implied status was lost AS SOON AS I exited Canada and that there was no way that I could still return and be allowed to work. I could potentially come back and be a visitor, but that if I left at all that I could no longer work. Are you saying that potentially I -could- leave and come back and still be on implied status as a worker (but just that it's not guaranteed that I get let back in)?

As a professional Australian though, what are the chances of not being allowed back in? I would have said fairly low... I'm not exactly on a flagged country list.

 

[canuck_in_uk]

Are you saying that potentially I -could- leave and come back and still be on implied status as a worker (but just that it's not guaranteed that I get let back in)?

No, I'm definitely not saying that. Besides the fact that Implied Status is lost once a person leaves Canada, you would not be allowed to work at all while on Implied Status. You would have to stop working when your IEC expires until you received the OWP or PR.

The chance of an Australian being refused entry is small but always present.

Sydney is one of the fastest VOs around. I STRONGLY suggest you apply outland, as you would most likely a PR by the end of the year. Don't get caught up in the 2+ year inland trap.