Need implied status.....no ITA yet.....Options ?

[Darcanelle]

Hi Guys.

I have 453 points and an LMIA in the pipeline (prospective total of 1053 points)

My CEC visa runs out in two months. I am waiting on either an ITA draw below 453 points or for the LMIA to be granted.

Either way I think my partner and I will be needing to find a way of going on implied status.

Any suggestions ?

 

[ntwkengg]

Hey,

wait for 1 month out of your 2 months. If still no selection through draws or no LMIA then you should go for change condition to visitor visa. It will be better.

Thanks.

 

[scylla]

Do you mean IEC visa (rather than CEC)? As in working holiday visa?

 

[Darcanelle]

Do you mean IEC visa (rather than CEC)? As in working holiday visa?

Well Yes and no. It is an IEC visa issued under the Canadian Experience Class (Hence CEC). Same thing though

 

[Darcanelle]

Hey,

wait for 1 month out of your 2 months. If still no selection through draws or no LMIA then you should go for change condition to visitor visa. It will be better.

Thanks.

Not feasible to stay on a visitors Visa.
1 - I'll lose my job
2 - I'll have very little money

 

[scylla]

Well Yes and no. It is an IEC visa issued under the Canadian Experience Class (Hence CEC). Same thing though

CEC and IEC are actually two completely different and unrelated things. IEC is the working holiday visa program - which is a temporary work permit program. CEC is Canadian Experience Class which is an immigration program. These two terms are not interchangeable and are not the same thing at all. You should stick to the correct term (IEC) to avoid confusing people on this forum and potentially getting the wrong answer.

Since you are under IEC, there is one piece of bad news. IECs do not benefit from implied status since they are a non-extenable form of work permit. What this means is that you must have a new and approved work permit in your hands before your IEC expires if you want to continue working without interruption. Unlike other types of work permits, having submitted a BOWP before your work permit expires does not give you implied status and does not allow you to keep working until you receive an answer from CIC on your BOWP application. If you don't have a new and approved work permit in hand before your IEC expires - you have to stop working on the expiry date of your IEC.

With only two months to spare, you don't have enough time to received ITA and apply and receive the BOWP before your IEC expires. You will have to change your status to visitor for a period of time and stop working. If it's not afforable for you to stop working, then you may want to consider returning home while you wait for your express entry application to be processed.

 

[scylla]

Just to add - if your employer is able to obtain an approved LMIA soon - then you may be able to get a closed work permit in time. Once again, you would have to have the approved closed work permit before your IEC expires in order to continue working without a break.

 

[Conor9900]

I know a lot of people who have worked on implied status after their IEC visa expired. I have heard good arguments on here as to why you aren't allowed to do so (possibly from you Scylla) but I think you can, I've seen nothing from CIC saying IEC visas are excluded and I know someone who got a letter from her immigration lawyer recently confirming to her employer that in her lawyer's opinion, she was on implied status having come off an IEC visa waiting on her BOWP. Although the IEC visa itself cant be extended, it is a "worker" category visa, and you can apply for an extension of your status as a worker. It's a gray area for sure (like a lot of things with CIC) but plenty of people go on implied status after being on IEC and I haven't heard of anyone having a problem with it

 

[scylla]

I know a lot of people who have worked on implied status after their IEC visa expired. I have heard good arguments on here as to why you aren't allowed to do so (possibly from you Scylla) but I think you can, I've seen nothing from CIC saying IEC visas are excluded and I know someone who got a letter from her immigration lawyer recently confirming to her employer that in her lawyer's opinion, she was on implied status having come off an IEC visa waiting on her BOWP. Although the IEC visa itself cant be extended, it is a "worker" category visa, and you can apply for an extension of your status as a worker. It's a gray area for sure (like a lot of things with CIC) but plenty of people go on implied status after being on IEC and I haven't heard of anyone having a problem with it

If you go over to the Family Sponsorship section of the forum and run a search - you'll find letters from CIC people have received confirming there is no implied status with IEC and any work post IEC expiry is illegal. And yes - we have seen cases here where this illegal work caused problems for people - specifically their immigration applications. My sense is that there are many who do work illegally - and only a few are caught. But those who are caught pay a big price. There was one case on this forum where someone was issued a PR visa through family class and then refused landing (i.e. refused PR status at the border) due to illegal work after the expiry date of their IEC (they thought they had implied status - CIC confirmed they in fact did not and were working illegally). Another person who was applying inland was booted to the Etobicoke office for further processing (this is where they send files that are problematic - it's the black hole of family class applications since applications go into the Etobicoke office and can take years to emerge) - the specific reason was again working illegally past the expiry of the IEC thinking she had implied status (CIC was again very clear she did not since IECs don't benefit from implied status). So the rules are quite clear - no implied status. However few seem to be caught. So I guess it's a matter of being willing to deal with the risk and consequences of being caught.

 

[Conor9900]

Ok fair enough, thanks for the info, I wouldn't risk it either so

 

[Joey10]

Hi Guys.

I have 453 points and an LMIA in the pipeline (prospective total of 1053 points)

My CEC visa runs out in two months. I am waiting on either an ITA draw below 453 points or for the LMIA to be granted.

Either way I think my partner and I will be needing to find a way of going on implied status.

Any suggestions ?

You have a good chance of getting an ITA soon ,In 2 months there is a chance of getting PR ?

 

[Jonty711]

But if you are on a valid IEC, apply for a BOWP, are you not on implied status on the BOWP application?

 

[Monija]

Well my friend hired a lawyer in Canada regarding this implied status after IEC situation. So the lawyer said that going from IEC to IEC you don't have implied status, because technically you have to apply for a second IEC from outside canada. But if you are going from IEC to another working visa you can benefit from implied status.
I was on IEC visa and before it expired I applied for a closed new work permit biased on LMiA, during the process my IEC expired so I was on implied status till unfortunately my LMIa was refused, and after few weeks I also got a letter from CIC that my work permit application was rejected. It was written in the letter that all that time I was considered as a permanent resident and had my legal status.
CIC states that implied status is keeping a legal status while you are waiting for decision to be made. But according to lots of people here IEC don't benefit from implied status. So somehow my friend and I we both got implied status after IEC according to the letter from CIC.

That's is just my story and my opinion, we will see what CIC says after they get my application ( of course if I ever get an ITA haha) but I guess it's a grey area and mostly depends on an officer who will process our applications.