+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Status during application process?

ManiHoopes

Star Member
May 27, 2018
98
50
Category........
I applied for spousal sponsorship (incl. OWP) and have a question in regards to my legal status during this process.

My current work visa (IEC) expires mid-August, and I won't have a verdict about my OWP application by that point. I've read that I cannot keep working as the IEC visa I'm currently on cannot be extended. That is fine. But can I continue to live in Canada with my partner until I have a response to my OWP application, or do I have to leave the country and return as a visitor? Has anyone been in this situation before?
 
Last edited:

scylla

VIP Member
Jun 8, 2010
97,328
23,137
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - you can remain in Canada under implied status.
 

ManiHoopes

Star Member
May 27, 2018
98
50
Category........
Yes - you can remain in Canada under implied status.
And I don't have to leave the country and enter back in as a visitor once my current work permit expires? I just automatically fall to 'implied status' but only as a visitor?
 

WeegieInOttawa

Champion Member
Jun 11, 2017
1,126
372
Ottawa
Category........
FAM
Visa Office......
London (UK)
App. Filed.......
24-10-2017
AOR Received.
08-12-2017
File Transfer...
24-01-2018
Med's Request
11-12-2017
Med's Done....
02-01-2018
If you applied INLAND with an OWP, you do not need to apply to for visitor status. You will have Implied Status after your IEC expires.

If for some reason your OWP app was returned for incorrect fees/incorrect documents you would then lose your implied status.

If you wish to completely avoid falling out of status you could apply for visitor status the day before your IEC runs out if you still haven't heard on the OWP.

When was the app submitted?

Your IEC is non extendable and you must stop working when it expires.
 
  • Like
Reactions: scylla

WeegieInOttawa

Champion Member
Jun 11, 2017
1,126
372
Ottawa
Category........
FAM
Visa Office......
London (UK)
App. Filed.......
24-10-2017
AOR Received.
08-12-2017
File Transfer...
24-01-2018
Med's Request
11-12-2017
Med's Done....
02-01-2018
You don't have to leave the country no. You shouldn't really be leaving the country anyway as you applied INLAND.
 
  • Like
Reactions: scylla

ManiHoopes

Star Member
May 27, 2018
98
50
Category........
If you applied INLAND with an OWP, you do not need to apply to for visitor status. You will have Implied Status after your IEC expires.

If for some reason your OWP app was returned for incorrect fees/incorrect documents you would then lose your implied status.

If you wish to completely avoid falling out of status you could apply for visitor status the day before your IEC runs out if you still haven't heard on the OWP.

When was the app submitted?

Your IEC is non extendable and you must stop working when it expires.
That's what I thought, just wanted to make sure I hadn't missed anything, so thanks for your response

My application was delivered on the 28th of May, so I'm hoping to receive the AOR by the end of the month. Fingers crossed everything is filled out correctly!
 

ManiHoopes

Star Member
May 27, 2018
98
50
Category........
I just got off the phone with a IRCC agent (was calling about something else, but thought I'd ask about the whole WP thing) and she sent me the following email to try and make things clearer... which has only made things more confusing, haha! o_O

Implied status - IEC

If you are a participant in the International Experience Canada (IEC) program and you apply for:
  • A subsequent work permit (WP) under one of the IEC eligible categories, you cannot continue working after the expiration of your current WP until you obtain the new one,
    • if you want to stay in Canada during the process of your subsequent WP under IEC, you need to apply to extend your stay in Canada as a visitoror student at the latest on the expiry date of your existing WP,
  • Another type of WP at the latest on the expiry date of your WP under IEC, and it expires before a decision is made, you can continue working under the same conditions as your existing WP, as long as you remain in Canada.
Going by the links provided, it seems as though I can keep working because I'm applying for an Open Work Permit, because I'm currently on a IEC Open Work Permit...?
 
  • Like
Reactions: thetechgirl

ManiHoopes

Star Member
May 27, 2018
98
50
Category........
Another question, are the Call Centre Agents known for giving out incorrect info??
 

Hurlabrick

Champion Member
Sep 4, 2016
2,358
575
Ottawa, ON
Visa Office......
London
App. Filed.......
23-06-2016
AOR Received.
12-07-2016
File Transfer...
23-08-2016
Med's Done....
08-06-2016
Passport Req..
21-12-2016
VISA ISSUED...
24-12-2016
LANDED..........
11-04-2017
Another question, are the Call Centre Agents known for giving out incorrect info??
Yes, they are notorious for it!

PS - Not saying that I know the answer to your question I'm afraid!
 

thetechgirl

Full Member
Aug 14, 2018
35
36
I just got off the phone with a IRCC agent (was calling about something else, but thought I'd ask about the whole WP thing) and she sent me the following email to try and make things clearer... which has only made things more confusing, haha! o_O

Implied status - IEC

If you are a participant in the International Experience Canada (IEC) program and you apply for:
  • A subsequent work permit (WP) under one of the IEC eligible categories, you cannot continue working after the expiration of your current WP until you obtain the new one,
    • if you want to stay in Canada during the process of your subsequent WP under IEC, you need to apply to extend your stay in Canada as a visitoror student at the latest on the expiry date of your existing WP,
  • Another type of WP at the latest on the expiry date of your WP under IEC, and it expires before a decision is made, you can continue working under the same conditions as your existing WP, as long as you remain in Canada.
Going by the links provided, it seems as though I can keep working because I'm applying for an Open Work Permit, because I'm currently on a IEC Open Work Permit...?
Did you end up working? Also, how long did it take for your BOWP to come through? My partner is in a similar situation and we got told the same by the IRCC agent.
 

ManiHoopes

Star Member
May 27, 2018
98
50
Category........
Did you end up working? Also, how long did it take for your BOWP to come through? My partner is in a similar situation and we got told the same by the IRCC agent.
I didn't keep working, no. Wanted to be safe than sorry! My visa came in 3 weeks later. All up, it took about 3.5 months from submission to OWP approval :)
 
  • Like
Reactions: thetechgirl