Options to stay in the country after IEC expires/still waiting for PR/OWP

[maetel999]

My wife has applied for PR and the OWP Pilot. We're still waiting for word on CIC telling us they have received her PR application and the subsequent processing of the OWP application.
Meanwhile her International Experience Canada expires in June and I'm worried our application it won't be processed in time. I know she won't be able to work after that date unless the OWP is approved but what are our options for her to remain in the country? Will she have to leave immediately when her IEC expires? Is it the case that she just has to leave the country and re-enter as a visitor (would that look bad to customs if she does that?)? Or should we be applying for some sort of temporary resident visa?

What are our options, any advice will be greatly appreciated. Thank you.

 

[canuck_in_uk]

As she submitted the OWP app with the inland PR app, she will have Implied Status allowing her to stay in Canada after her IEC expires. She doesn't need to do anything.

 

[maetel999]

This is confusing...I read on the forum that IEC is not renewable nor can you get implied status if you on an IEC.

 

[beholder69]

This is confusing...I read on the forum that IEC is not renewable nor can you get implied status if you on an IEC.

As you say, there is no implied status to keep working in this case, but she will have implied status as a visitor, so no need to do anything.

 

[danny87]

Conclusion of the 2 pieces of information below found on the CIC website, verified with different people at the CIC call centre:
Combining these two pieces of information and verifiying with the CIC made me conclude that when a person has applied for PR/Spousal Sponsorship Inside Canada with an OWP application (eligible for OWP after AOR), after the IEC work permit expires this person is on implied status until a decision has been made on the OWP. Therefore I decided to follow this route rather than an outland application.

This message on the CIC website states the following and I quote (I wasn't able to post the link with it, but it is a one-on-one copy):

"International Mobility Program: Authorization to work without a work permit – Implied status

R186(u) allows for persons to continue working under the conditions of an expired work permit, as long as they applied for a new work permit before the original work permit expired and have remained in Canada. Once the decision has been made, the client will either have to leave Canada or will continue as a worker who holds a valid work permit."

Also the term International Mobility Program includes the following and I quote (again one-on-one copy):

"International Mobility Program:

This program allows employers to hire or bring in foreign workers without the need of a Labour Market Impact Assessment (LMIA). Exemptions from the LMIA process are available where there are reciprocal benefits for Canadians and other competitive advantages for Canada.

Examples of individuals who come to Canada under an LMIA-exempt program include: international students who have graduated from a Canadian school; persons authorized to work in Canada temporarily due to free trade agreements, such as NAFTA, International Experience Canada participants, some permanent resident (PR) applicants settling in Canada while their PR application is finalized, and spouses of highly-skilled foreign workers."

So International Experience Canada is included in the definition of this term used by the CIC!!!

 

[Sheps]

IEC does not benefit from implied status as the permit is not extendable.

The quote which you included only gives examples of LMIA excempt programs.

The international mobility specifically refers to programs which allow inter-company transfers, business persons and NAFTA exempted occupations.

You cannot benefit from implied status for a work permit if you are on a IEC. You can benefit from implied status for visitor status however as a visitor visa can be renewed.

With a work permit, I believe the way it works is this:
- you have a "visitor visa" (TRV exempt applicants get a visitor record). This is extendable.
- You get a work authorisation. Depending on the programming, this may or may not be extendable.

So,you technically have 2 visa's that you are renewing when you apply for a work permit extension, the one may or may not be "visible".

That is why you get implied visitor status and not implied work status.

 

[surleplateau]

I think these are the links you wanted to post (but are too new to post links on this forum):

This message on the CIC website states the following and I quote (I wasn't able to post the link with it, but it is a one-on-one copy):

"International Mobility Program: Authorization to work without a work permit – Implied status

Link to that page here? http://www.cic.gc.ca/english/resources/tools/temp/work/permit/implied.asp

Also the term International Mobility Program includes the following and I quote (again one-on-one copy): "International Mobility Program:

International Mobility Program: Open work permit


However, I do not claim to know about IEC vs OWP vs implied status for Inland applicants.

 

[Harju]

IEC does not benefit from implied status as the permit is not extendable.

The quote which you included only gives examples of LMIA excempt programs.

The international mobility specifically refers to programs which allow inter-company transfers, business persons and NAFTA exempted occupations.

You cannot benefit from implied status for a work permit if you are on a IEC. You can benefit from implied status for visitor status however as a visitor visa can be renewed.

http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/imp.shtml

"International Experience Canada (IEC)
International Experience Canada consists of 32 agreements with partner countries that allow young Canadians to live and work abroad for up to two years without meeting labour market or many of the other strict requirements to work and travel in other countries, while providing reciprocal opportunities for youth from those countries to do the same in Canada. It is the largest sub-category of the International Mobility Programs, with about 54,000 young people entering Canada in 2013. The number of spots available for each country is negotiated each year."

I'm not going to comment on IEC and implied status though as I think what CIC has written is still not clear when you compare it against what the regulations say.

 

[maetel999]

As she submitted the OWP app with the inland PR app, she will have Implied Status allowing her to stay in Canada after her IEC expires. She doesn't need to do anything.

So on IEC, she will just get implied status as a vistor (but not to work) because we are waiting for her PR? She does not have to re-apply for a visitor visa?

 

[Ponga]

So on IEC, she will just get implied status as a vistor (but not to work) because we are waiting for her PR? She does not have to re-apply for a visitor visa?

No, she has implied status because she submitted an OWP with the Inland application. It is the OWP that gives her the implied status to remain in Canada, but not to continue to work. Once she has the OWP, she can work again.

As canuck_in_uk already mentioned, she doesn't need to do anything more to be able to remain in Canada.

 

[maetel999]

Thanks for clearing that up. Just one more question, if she does leave the country does that mean she no longer has implied status?

 

[canuck_in_uk]

Thanks for clearing that up. Just one more question, if she does leave the country does that mean she no longer has implied status?

Yes, Implied Status ends when a person leaves Canada. It is advised to not leave Canada while an inland app is being processed; if a person is refused entry back into Canada, the inland app will be cancelled.

 

[screech339]

Thanks for clearing that up. Just one more question, if she does leave the country does that mean she no longer has implied status?

As canuck mentioned, any implied status granted will be lost the moment she leaves the country. However when she does re-enter Canada, she will be a whole new status, a visitor status, for 6 months. Whether she automatically get "implied status" after that visa expires, I am not 100% sure. Technically I think she will still get "implied status" when her second status expires after re-entry since her OWP was submitted with PR application.

 

[Merlin0677]

if someone had applied for OWP after submitting their PR are they still ok to stay in the country?