PR/EE/IEC & Implied Status concern

[Microns11]

Hi guys,

a couple questions.

I recieved my ITA about 2 weeks ago. I'm just waiting on my medical results coming through and my police cert from home then I'm ready to submit my application. However, my situation is complicated and I'm concerned that I may have jeopardized my application. An immigration lawyer advised me to do the following, and I did:

1) IEC 2nd year expired in may. Sent off application to extend status as a worker. No LMIA from current job.
2) rejection received start of july, and I quit my job the same day, and applied for a Visitor visa. I have more than sufficient funds to support me for the next 6 months, until my PR comes through.

I have since read that this may be viewed as having worked illegally, which could affect my permanent residency application. Does anyone have any concrete knowledge on this situation? I called CIC and they simply said they don't know and can't help, it would be down to the officer processing the application.

I read this article: britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends#Has_anyone_actually_been_caught.3F and at the end it states "and while he could remain in Canada as a visitor, he could not continue working, and because he had admitted to working illegally for 4 months, his application for a new work permit was rejected". - should I amend my work details to show me as no longer working in May? I worked perhaps 8 weeks under the impression that I was okay.

Any thoughts greatly appreciated!

 

[rhonny20]

DId you send your your application of work permit after expiration of your work permit or before that??

 

[scylla]

DId you send your your application of work permit after expiration of your work permit or before that??

It doesn't matter. IECs don't benefit from implied status. Any work after the expiry date of the IEC was illegal.

 

[mathewredfearn]

It doesn't matter. IECs don't benefit from implied status. Any work after the expiry date of the IEC was illegal.

Not correct, Canadian law states that if you have an application in process before the end date of your last visa and your applying for the same visa or extension you are on implied status until a decision reach. IEC is just a program that provides Open Work Permits. It is still a work permit. Granted it is a grey area because you did it knowing you would get rejected to by more time but you are still within the law as long as you didn't work after the date you received your rejection letter.

Your letter should tell you that your end date of your status will be ..... This confirms that you were on implied status, if you wasn't it would say your end date was the original day your visa expired

 

[rhonny20]

Not correct, Canadian law states that if you have an application in process before the end date of your last visa and your applying for the same visa or extension you are on implied status until a decision reach. IEC is just a program that provides Open Work Permits. It is still a work permit. Granted it is a grey area because you did it knowing you would get rejected to by more time but you are still within the law as long as you didn't work after the date you received your rejection letter.

Your letter should tell you that your end date of your status will be ..... This confirms that you were on implied status, if you wasn't it would say your end date was the original day your visa expired

I think you are right...every one can work on implied status and that is legal. I really dont know if IEC is exemption.

 

[mathewredfearn]

Go speak to a lawyer, someone who actually knows and not just hear say or my friend knew someone. There is no where in CIC that says work visa's issued by IEC don't benifit from implied status.

 

[purplesnow]

-IEC visas are not extendable. You cannot apply for an extension on them.
-IEC visas do not get implied status. True. If you’re going from one IEC to another, you cannot go on implied status in between them.
-People are getting implied status by applying for a NEW permit. Not IEC. This is fine and legal and by applying for a new/different open permit you do avail of implied status.
-The confusion comes from the form you use to apply for an extension and the form used to apply for a new permit being the SAME form.

OP – as long as your bridging permit application was submitted while your visa was valid, you do get implied status. I’ve said before it is a bit of a grey area, there will be officers who will question it. Like you see on these threads it’s an area that offers up lots of differing opinions.

http://www.cic.gc.ca/english/resources/tools/temp/work/permit/implied.asp
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

 

[rhonny20]

Go speak to a lawyer, someone who actually knows and not just hear say or my friend knew someone. There is no where in CIC that says work visa's issued by IEC don't benifit from implied status.

I was on PGWP and applied for its extension. My extension was refused and the letter clearly said that I have to stop working the date extension was refused. Even PGWP are not extendable but I still got implied status.

 

[PMM]

Hi

Not correct, Canadian law states that if you have an application in process before the end date of your last visa and your applying for the same visa or extension you are on implied status until a decision reach. IEC is just a program that provides Open Work Permits. It is still a work permit. Granted it is a grey area because you did it knowing you would get rejected to by more time but you are still within the law as long as you didn't work after the date you received your rejection letter.

Your letter should tell you that your end date of your status will be ..... This confirms that you were on implied status, if you wasn't it would say your end date was the original day your visa expired

1. I suggest you read the following about IEC and implied status.

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

 

[rhonny20]

Hi


1. I suggest you read the following about IEC and implied status.

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

Is it the same story with PGWP??