PR under Implied Status - Risk or No Risk?

[polojesef]

Here is the scenario

Came to Canada with 1 year working holiday visa last year. Been working for 10 months now and few days ago my LMO got rejected. My company will reaplly but in 3 weeks my working holiday visa expires.

Lawyers suggested we apply for extension via regural mail few days before my visa expires which will give us 55 days of time to be in implied status. In the meantime they will use that time to fulfill all the requirements again for LMO.

So basically here is my question.

In November this year I will have 1 year of full time employment which gives me an opportunity to apply for PR under CEC. However, in November I will be under that implied status as my visa expires in October so I heard 2 different stories from many people.

Some say that I can apply for PR even though I am under implied status, and some say its a risk because if the work extension gets rejected, they might not take into consideration that last month of employment while I was in implied status.

Do you guys have any experience with this?

Is it safe or risky to apply for PR while you are under implied status?

 

[backendcode]

Yes work experience acquired under the implied status will be considered as eligible work experience under the CEC. Please follow the link below and check page 10.

http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf

Thanks,
backendcode

 

[rezafc]

Hey,

The same scenario happened to me, I went under implied status for two months (these 2 months were counted towards my CEC application). On the other hand I applied for CEC when I was under no status (the initial 90 days that they give you to get your status back, after your application for work permit gets rejected)

So all to all I can tell you that you're good to go. Also please bare in mind that my experience is just my experience, there are so many other elements playing around the situation. But this is what happened to me and I landed 1st of August.

Best of luck,

 

[polojesef]

Thanks guys. Much appreciate the help!

 

[TheAwesomeMatt]

If you're currently under an IEC working holiday permit then you don't benefit from implied status. If you were to work during this time then you will be in breach of your work permit.

I'd recommend switching to visitor status and waiting to receive your LMIA.

If you had a work permit other than IEC then you could benefit from Implied Status.

 

[rezafc]

See! I don't know anything about IEC working holiday permit! I got my open work permit after I finished my studies! It was a post graduate work permit.

You better consider what TheAwesomeMatt is saying.

Best of luck,

 

[polojesef]

So this is how they explained me.

If you are working under IEC working holiday visa you don't benefit from implied status, because if and when you apply for work permit extension, the answer will come back negative.

However, its loophole in the immigration law that you can technically use to gain 2 more month of working experience to apply for CEC.

Some have done it and made it and some have done it and failed.

I just wanted to check with all of you guys and things that is happening within your network.

If you're currently under an IEC working holiday permit then you don't benefit from implied status. If you were to work during this time then you will be in breach of your work permit.

I'd recommend switching to visitor status and waiting to receive your LMIA.

If you had a work permit other than IEC then you could benefit from Implied Status.

 

[scylla]

If you're currently under an IEC working holiday permit then you don't benefit from implied status. If you were to work during this time then you will be in breach of your work permit.

I'd recommend switching to visitor status and waiting to receive your LMIA.

If you had a work permit other than IEC then you could benefit from Implied Status.

Agreed. There's no implied status with IECs. Any work you do past the expiry of the IEC is illegal and can't be counted towards CEC.

 

[TeddyXYZ]

Well I heard about a guy in the same situation as yours and he made it through CEC.

Although as you said it's a slippery slope and can go both ways.