Proving Implied Status and Expired SIN

[StephenJ123]

Hi all,

I was one of the unlucky ones in the 2015 pool that was issued with a 10 month visa instead of a 24 month visa as entitled under the Australian IEC (I had all passport validity and insurances in place - these weren't even checked). That is a separate issue which I am still sorting out but wanted to inquire around what is the best way to prove implied status and what happens with my SIN (now expired also).

I am close to receiving another job offer from my old employer (HSBC) but I know I will need to present a work permit and SIN for HR to confirm I am eligible to work. What have people done to get around this as currently my work permit reads as expired and when I call CIC they have no way of providing comfort to an employer. They have on their system that my work permit is due to expire in April 2017 but again I have no way of proving this and I am very keen to secure the role and continue my employment in Canada.

Any advice would be greatly appreciated.

Many thanks,

Stephen

 

[scylla]

You need a valid SIN to work legally. On what basis do you have implied status?

 

[ozlis]

I think you need to clarify why you have implied status.

To gain implied status, you need to have applied for a work permit or extension prior to your current permit expiring. I'm not sure that fixing up an issue with an expired permit would qualify for this?

There is also a massive grey area surrounding IEC permits and implied status.

 

[StephenJ123]

Thanks for the input guys.

I sent the amendment paperwork off in January 2016 (permit expired April 2016) and after 6 months they simply returned my paperwork and asked for an amended form to be supplied to correct my permit (I supplied the incorrect IMM form) to allow it to be reissued with the correct date. When I spoke to them they said whilst my case is still being decided I have complete work rights but the issue I have is proving this to an employer. They emailed me a few links to the CIC website but this doesn't really provide any comfort to a prospective employer.

As it stands on their systems they have my IEC permit to expire 20th April 2017 but again I have no way of proving this to an employer and they won't email me or provide proof of this and again simply tell me to refer to 'implied status'. If I can get around this and get the job sorted I can then start the ball rolling on Express Entry/PR but that is the next step to be able to stay and work in the future.

Side question - does anyone know if I can obtain a second IEC on my British Passport (my current IEC is under my Australian Passport).

Thanks again.

 

[Bs65]

In answer to your IEC question yes you could apply for an IEC on your Britsh passport although this years 2016 season is closed and not expected to open again until maybe Dec/ Jan or later.

 

[canuck_in_uk]

I sent the amendment paperwork off in January 2016 (permit expired April 2016) and after 6 months they simply returned my paperwork and asked for an amended form to be supplied to correct my permit (I supplied the incorrect IMM form) to allow it to be reissued with the correct date. When I spoke to them they said whilst my case is still being decided I have complete work rights but the issue I have is proving this to an employer.

If IRCC returned your entire app after your work permit expired in April, you lost your Implied Status. At that point, you would have needed to apply for Restoration of Status.

If you didn't apply for Restoration, you are actually here illegally now.

 

[ozlis]

Thanks for the input guys.

I sent the amendment paperwork off in January 2016 (permit expired April 2016) and after 6 months they simply returned my paperwork and asked for an amended form to be supplied to correct my permit (I supplied the incorrect IMM form) to allow it to be reissued with the correct date. When I spoke to them they said whilst my case is still being decided I have complete work rights but the issue I have is proving this to an employer. They emailed me a few links to the CIC website but this doesn't really provide any comfort to a prospective employer.

As it stands on their systems they have my IEC permit to expire 20th April 2017 but again I have no way of proving this to an employer and they won't email me or provide proof of this and again simply tell me to refer to 'implied status'. If I can get around this and get the job sorted I can then start the ball rolling on Express Entry/PR but that is the next step to be able to stay and work in the future.

Side question - does anyone know if I can obtain a second IEC on my British Passport (my current IEC is under my Australian Passport).

Thanks again.

Still a bit confused as to how you can be approved until 2017 in the system but your case is actually under review. Time to somewhat aggressively follow up on this - as someone has said, any applications that are returned as incomplete are not considered for implied status.

Approach your local MP, explain your hardship (6 months of uncertainty, unable to get new job etc) and they are usually very good at helping you to follow up with CIC. Otherwise get an immigration consultant/lawyer to follow up for you.

Did you get anything in writing from CIC that specifically states that you are ok to be on implied status when your application was returned?

 

[StephenJ123]

Thanks for the input and appreciate your time here.

I am back in Australia now and have been since March so it has all been pretty tough trying to sort out with time differences etc. I followed CIC's advice in January and sent the amendment paperwork initially and after numerous calls in February they simply stated I was on implied status until my case was decided and I had no way to prove to a prospective employer. If I ever approached this in an 'aggressive' manner they simply hung up the phone which was very frustrating. They told me the system has me Approved until April 2017 but whilst I have sent paperwork in to have my document amended I move to implied status. Perhaps it is just their wording 'case under review' whilst something is being amended/decided, although there isn't really anything to decide they simply issued me an incorrect document and I've been battling to have it put right and have lost all this time in the process.

In a perfect world they will issue me with a further 12 month permit so that I have my full 24 months under the IEC as I was initially entitled but I somehow don't see this happening? I have sent the paperwork back to them to have the original landing document amended so we will see what comes of it.

If I do indeed have the option to apply for a second IEC under my British passport (current IEC is under Australian passport) then perhaps I will go down this route to give me another 24 months but I will need to wait and battle the lines and I turn 31 in March 2017 so it will all come down to timing.

Thanks again.

 

[ozlis]

Righto, good luck with sorting it out.

Returning to the country on implied status is tricky, and I'm not trying to scare you but it is entirely possible that if your permit isn't right in the system, they will turn you around and send you home.

Not sure what else to suggest, an immigration consultant might be able to help but being out of the country is another hurdle to work through.

Keep trying, totally worth it!