Medical Emergency and implied status - **Please help... I am desperate.**

[timhortons2015]

*** I am in desperate need of your opinion/suggestions while I look for lawyers available on the weekend so please give below a read ***


I am a long time reader on these forums and CEC applicant (april 2014). Like many others I have not received my PR yet.
I have applied for a BOWP as my work permit expired. The BOWP is still two months away from being processed. My TRV expired a while ago.


I am currently working for a company in Canada on implied status. I heard this morning that my dad was diagnosed with cancer yesterday in USA. I have US VISA and I want to travel to USA to be with him for couple of months.

I am worried if I leave Canada, my implied status will get revoked and my employer may not be okay with me returning in 2-3 months as I am not sure under what status I will be away from work (PTO or let go? is it legal to be on their payroll if you take time off and revoke implied status?).


If I was to take time off from work for medical emergency for a month or so, and in that time I got my BOWP shipped to Canadian address (a relative can ship it to me in states). Can I return to Canada with it without causing any immigration issues for my PR? I know I can travel between US and Canada with just work permit (without TRV) given I did not travel to any other countries.


What is my best option? I really want to be there for my family in this time of great need. In the mean time I am trying to get hold of some immigration lawyer to find some options but its the weekend.

 

[zardoz]

*** I am in desperate need of your opinion/suggestions while I look for lawyers available on the weekend so please give below a read ***


I am a long time reader on these forums and CEC applicant (april 2014). Like many others I have not received my PR yet.
I have applied for a BOWP as my work permit expired. The BOWP is still two months away from being processed. My TRV expired a while ago.


I am currently working for a company in Canada on implied status. I heard this morning that my dad was diagnosed with cancer yesterday in USA. I have US VISA and I want to travel to USA to be with him for couple of months.

I am worried if I leave Canada, my implied status will get revoked and my employer may not be okay with me returning in 2-3 months as I am not sure under what status I will be away from work (PTO or let go? is it legal to be on their payroll if you take time off and revoke implied status?).


If I was to take time off from work for medical emergency for a month or so, and in that time I got my BOWP shipped to Canadian address (a relative can ship it to me in states). Can I return to Canada with it without causing any immigration issues for my PR? I know I can travel between US and Canada with just work permit (without TRV) given I did not travel to any other countries.


What is my best option? I really want to be there for my family in this time of great need. In the mean time I am trying to get hold of some immigration lawyer to find some options but its thet weekend.

The moment that you leave Canadian soil, your implied status will end. Any work done on your return until you receive the new work permit will be illegal. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp says that you may not resume work but says nothing about your employer holding your position open (presumably without pay) until such time as you can resume employment. Something like unpaid "gardening leave".

 

[timhortons2015]

Thank you for your response zardoz.

So does that mean PTO (paid time off) or Family Leave (offered by work with 80% pay) is illegal for the time I am away? I will not be doing any work until I get the new permit.

 

[c2h5oh]

If your US visa allows work and you can work remotely you technically could work from US until you get BOWP

 

[timhortons2015]

No I do not have USA work VISA (I have B1/B2 type) and I don't intend on working from there. I already called up my manager and HR for medical leave and they are giving me days off (family medical leave with some % pay).

My biggest concern is if that money from payroll would count as work? Would unpaid leave count as work? I am just trying to get all of my ducks in row before I take off.


Do I need to email someone to let them know my US address for BOWP? (I know I am supposed to update it for the PR process).

 

[zardoz]

Thank you for your response zardoz.

So does that mean PTO (paid time off) or Family Leave (offered by work with 80% pay) is illegal for the time I am away? I will not be doing any work until I get the new permit.

Interesting point... You would not be in Canada, so you couldn't be in breach of immigration restrictions... However, the moment you return to Canada, they would probably have to immediately stop paying you.

 

[timhortons2015]

Interesting point... You would not be in Canada, so you couldn't be in breach of immigration restrictions... However, the moment you return to Canada, they would probably have to immediately stop paying you.

Little unclear on the 'they will have to stop paying you immediately'? Why is that?

 

[zardoz]

Little unclear on the 'they will have to stop paying you immediately'? Why is that?

Because you would then be back inside Canada on a visa that doesn't permit work or study. If you are being paid, the presumption is that you are working illegally. See it from CIC/CBSA/CRA perspective... Until your BOWP is granted, you can't resume employment.

 

[vark]

Technically your employer is not supposed to pay you if you do not have a work permit (or Implied status in your case).

Once you are out of Canada your implied status is Viod and hence your employer cant pay you for the days you are out of status and out of implied status.
If they pay you some% of salary when you are out of the country with implied status being void, this will be termed as unauthorized working period for which you have been paid. and both you and your employer might face problems.

Even I was in a similar situation.

 

[timhortons2015]

Technically your employer is not supposed to pay you if you do not have a work permit (or Implied status in your case).

Once you are out of Canada your implied status is Viod and hence your employer cant pay you for the days you are out of status and out of implied status.
If they pay you some% of salary when you are out of the country with implied status being void, this will be termed as unauthorized working period for which you have been paid. and both you and your employer might face problems.

Even I was in a similar situation.

Vark how did you deal with the situation?

 

[may4ank]

Vark how did you deal with the situation?

I might be under similar situation.. Can we reach out to MP in such cases and can they speed up PR or BWOP process?

 

[timhortons2015]

This is crazy. I am boarding a plane tomorrow and I have no idea how my future will end up just because of this express entry system which has clogged everything.....

 

[c2h5oh]

I wonder if retention bonus would be a way around this (if your employer is willing to help you that way) - instead of getting paid 80% of your salary, which would most likely have to stop once you loose your implied status, you'd get a one-time payment in exchange for a signed agreement to return to your previous position as soon as your BOWP arrives.

 

[vark]

I quit my job and came back to India.

 

[mittoo1987]

*** I am in desperate need of your opinion/suggestions while I look for lawyers available on the weekend so please give below a read ***


I am a long time reader on these forums and CEC applicant (april 2014). Like many others I have not received my PR yet.
I have applied for a BOWP as my work permit expired. The BOWP is still two months away from being processed. My TRV expired a while ago.


I am currently working for a company in Canada on implied status. I heard this morning that my dad was diagnosed with cancer yesterday in USA. I have US VISA and I want to travel to USA to be with him for couple of months.

I am worried if I leave Canada, my implied status will get revoked and my employer may not be okay with me returning in 2-3 months as I am not sure under what status I will be away from work (PTO or let go? is it legal to be on their payroll if you take time off and revoke implied status?).


If I was to take time off from work for medical emergency for a month or so, and in that time I got my BOWP shipped to Canadian address (a relative can ship it to me in states). Can I return to Canada with it without causing any immigration issues for my PR? I know I can travel between US and Canada with just work permit (without TRV) given I did not travel to any other countries.


What is my best option? I really want to be there for my family in this time of great need. In the mean time I am trying to get hold of some immigration lawyer to find some options but its the weekend.

Send a case specific enquiry under emergency situation to cic and ask for direction.