keeping my work permit active until process is done - implied status?

[a!]

Hi all,
I have a question...

I am German and right now with a working holiday visa in Montreal, this visa will expire in the first days of August.
Since I live now more then a year together with my Canadian girlfriend, we have the common-law status and are about to prepare the application for my permanent residence...

So... Is there a way to have a work permit in between my visa and the decision of my permanency? As I read, when the 1st part of the application (8 months) is approved, I get a work permit. From now on, that would be 4 months in between...

The easiest would have been of course the young professional visa (which was my original plan), but I had no long time job offer (now I maybe have one, which depends much on the work permit...). But the YP for Germans opened with 400 places in December, and per week where maybe 10 less. And suddenly, 2-3 weeks ago, when still approx. 200 places were there, the counter was jumping from one day to the other to "waiting list", which is a bit weired (200 places gone in 2 months, and suddenly, after the urgent cases were already gone, 200 more in 3 days, in one big step?). So, I could try still the waiting list, but not sure about the chances...

Now I was reading different informations about the extension of my visa or the "implied status". Some say, it is not possible, others say it is (e.g. here: 2vancouver.com/en/blog/how-to-transition-from-a-working-holiday-program-to-permanent-residence (can't insert a link...)). If I understand it correctly, I would just send with my application for the permanency an application for a work permit (Which one would that be? Is this in the forms for the permanency or where could I find them?), and this would give me the implied status until the work permit works.
But on the other side, IEC says an extension of a WH-visa is impossible. So, I am wondering...

Then another idea, if the previous is not working with the WH: I apply now for the PR, and just some days before my WH-visa expires for a work permit. It is clear that this work permit will be denied, but until this decision (= when they look the 1st time in the file), I would have the implied status? So, maybe shorter without a permit?

Is it anyways working to apply for a work permit (or, if nothing works, maybe for a study visa to use my time meaningful if I cannot work, maybe a 2nd MSc or starting a PhD or whatever) while my application for the PR is running? So, having 2 applications parallel?

Or doing an outland sponsoring PR? But then I could apply for a work permit even later, when everything is over, and not after the 1st part, is this correct?

For the inland sponsoring: I cannot leave Canada during the process. Is this true for the complete process (CIC), or just for the first part, or for the fully complete process (CIC + Quebec process)?

Hope someone can help me... Thanks!

 

[QuebecOkie]

I can't really help with the work permit part; CIC doesn't communicate clearly what is and isn't allowed. It has generally be the opinion of most on this forum that the IEC visa is not extendable, and therefore there is no implied status possible. A further complication is a recent change in CIC processing of inland applications. Inland apps are now sent to Mississaugua instead of Vegreville. There has been discussion, though I haven't followed it super-closely and certainly cannot advise you on this issue, that work permits can no longer be sent with PR applications, meaning working on implied status that way is not longer possible for ANYONE.

While applying within Québec costs an extra $269 when you apply for the Certificat de séléction du Québec, the Québec-specific part doesn't seem to add any addition time to the process.

If you were to apply outland, you would not be eligible for a work permit at all (PRs do not need a work permit, once you have PR, you are able to work in Canada). I don't know anything about timeline for German citizens, but for some applicants, an outland application is often finished in the same or less time than the first stage of an inland app, making it a better choice. (I'm American and stupidly applied inland, but would have definitely applied outland if I'd known then what I know now.) The issue with leaving during the application process: there is always a chance you could be denied entry to Canada. The chance is lower for citizens of visa-exempt countries, and is lower still for those with no history of issues at the border. However, the chance exists. If you file inland and travel, and then you are denied reentry, your application is considered abandoned, and you have to start all over. For this reason, traveling outside of Canada is not recommended for the duration of the process. If you file outland and travel, and then you are denied reentry, your app will continue in the process.

 

[a!]

Thanks for your answer, let's see what I can do. Will call tomorrow to try to find out my chances for the YP-visa on the waiting list (still maybe the easiest), and maybe try to reach someone at CIC for information regarding the implied status (even though reaching CIC seems to be always difficult...).

For an outland application the Vienna office would be responsible, according to the CIC-website that means 28 days + 13 months, while inland is 8 months + 8 months. Therefore, inland should make more sense, should be in theory 6 months faster until a work permit, right?

Another question: While my current visa is still valid and after sending out my application for my PR, could I leave the country (visiting friends over a weekend in the US over land, e.g.) without risking the application? I guess the chance they deny my reentry after a weekend with still 3 months of work permit valid is lower?

Not sure if it makes sense to pay for a short talk with a visa consultant (who maybe just wants my money for work I could do alone), or does someone know an immigration information office or whatever in Montréal? The CIC website says their office here is not for public...

 

[riley99]

http://www.stevenmeurrens.com/2014/03/implied-status-what-it-is-and-what-changed-recently/

Here is a good article on the subject..

 

[Ponga]

http://www.stevenmeurrens.com/2014/03/implied-status-what-it-is-and-what-changed-recently/

Here is a good article on the subject..

+1 for you! Thanks for sharing that link.

 

[screech339]

http://www.stevenmeurrens.com/2014/03/implied-status-what-it-is-and-what-changed-recently/

Here is a good article on the subject..

While the link is a good info, it doesn't address the issue of "implied status" of IEC or PGWP visas. Can one assume that since it was not addressed in the link, it can mean that IEC and PGWP goes not get "implied status"?

Screech339

 

[zardoz]

I have just commented on the article with the following... Let's see what happens.

===============================================
Please could you clarify, with official citations, the position of "implied status" for non-extendable work permits, specifically IEC and PGWP.

The general consensus seems to be that IEC/PGWP do not benefit from "implied status" as a worker because of their inherent absolute cut-off dates. People have in fact received emails from CIC stating this but there is no absolute documentation that refers to it.

Z.
===============================================

 

[Ponga]

I have just commented on the article with the following... Let's see what happens.

===============================================
Please could you clarify, with official citations, the position of "implied status" for non-extendable work permits, specifically IEC and PGWP.

The general consensus seems to be that IEC/PGWP do not benefit from "implied status" as a worker because of their inherent absolute cut-off dates. People have in fact received emails from CIC stating this but there is no absolute documentation that refers to it.

Z.
===============================================

And a +1 for you as well.

I'm feeling very generous today! Who else wants `1'? LOL!

Seriously, why is this matter so cryptic with CIC?!?!?!?!

 

[PMM]

Hi

I have just commented on the article with the following... Let's see what happens.

===============================================
Please could you clarify, with official citations, the position of "implied status" for non-extendable work permits, specifically IEC and PGWP.

The general consensus seems to be that IEC/PGWP do not benefit from "implied status" as a worker because of their inherent absolute cut-off dates. People have in fact received emails from CIC stating this but there is no absolute documentation that refers to it.

Z.
===============================================

Again here is a letter posted on another forum re: 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.

 

[a!]

Thanks for the answers!
Mh, so it seems there is no implied status for working holiday visas, since you cannot prolong them... Or at least it is not completely clear...

Another question: How is it with the "not leaving the country" while the inland process is running? It is clear, that it is not possible during implied status (which probably not works for me), but how until the end of my work permit in August? Would a weekend trip in April to the US already be risky? Or after the approval of the 1st phase, when I would get an open work permit?
Would be there any possible way to get a "reentry permit", e.g. if I'd need to go on a business trip?

 

[scylla]

Thanks for the answers!
Mh, so it seems there is no implied status for working holiday visas, since you cannot prolong them... Or at least it is not completely clear...

Another question: How is it with the "not leaving the country" while the inland process is running? It is clear, that it is not possible during implied status (which probably not works for me), but how until the end of my work permit in August? Would a weekend trip in April to the US already be risky? Or after the approval of the 1st phase, when I would get an open work permit?
Would be there any possible way to get a "reentry permit", e.g. if I'd need to go on a business trip?

You should be fine leaving and re-entering Canada as long as your IEC work permit is valid. After that, I wouldn't risk it. First stage approval and the open work permit do not guarantee re-entry (in fact, the "does not guarantee reentery" bit is printed right on the open work permit). Similarly, there is no reentry permit you can apply for if you need to go on a business trip. If you think you're going to have any need to leave Canada after August, apply outland - not inland.

 

[Alurra71]

Just wanted to chime in here real quick, can't you 'bridge' a work permit, either IEC or PGWP IF and ONLY IF you are applying via the CEC stream? I am quite sure I read that on the CIC website, but it does NOT apply to family sponsorship or any other stream, as far as I could determine.

 

[a!]

Just wanted to chime in here real quick, can't you 'bridge' a work permit, either IEC or PGWP IF and ONLY IF you are applying via the CEC stream? I am quite sure I read that on the CIC website, but it does NOT apply to family sponsorship or any other stream, as far as I could determine.

Good point. Quite difficult to find reliable information on CIC's webpage...

When would be the moment to send the work permit application, with my PR application or just before my work permit runs out? Which forms would be the one to choose (a link would be helpful!).

And in general: Is it possible to apply for another visa (Young Professional or LMO or even a student visa) after I handed in my PR application? That means, having 2 independent applications running at the same time?