Tricky situation

[Kawabunga]

Hello everyone!

I have one specific situation. After my Working holiday work permit expired in April, I changed my status to a visitor and can stay in Canada until middle of October. I am here with my common law partner who is on Working Holiday work permit and we plan to apply for Express Entry BC in September. She is going to be the principal applicant.

Now, in September I am planning to go back home to Europe and I would return back here in November. And I know I will most probably be asked questions by CBSA at the border. Since I don't have nothing to hide, I'm not worried by that. We would already be in BC PNP process and have Express Entry profile opened. But the thing is that my girlfriend is going to work under implied status after her working holiday permit expires in August. I already know this is a very "grey zone" so you don't need to remind me of that . So, I'm wondering when I come back here and if the officer asks me questions about work status of my common law partner and I say she's working under implied status while waiting for BC PNP, can that have some implications on our application for BC PNP/Express Entry and consequently, on my entry to Canada as a visitor?

My main reason for coming back to Canada is to be together with my common law partner while we wait for our BC PNP/Express Entry application's to be done.

Thank you.

 

[Jalex23]

I already know this is a very "grey zone" so you don't need to remind me of that . So, I'm wondering when I come back here and if the officer asks me questions about work status of my common law partner and I say she's working under implied status while waiting for BC PNP, can that have some implications on our application for BC PNP/Express Entry and consequently, on my entry to Canada as a visitor?

Why is it a grey area? If she is under implied status that is perfectly legal and has no implications whatsoever on anything.

 

[Kawabunga]

Why is it a grey area? If she is under implied status that is perfectly legal and has no implications whatsoever on anything.

It's Implied status after a Working holiday visa and there are different opinions if you can be on implied status after Working holiday visa. I've seen and know a lot of people who did that and got PR eventually and had no problems, but there was some discussion on this forum that people got rejected because of it.

 

[scylla]

There is no implied status with Working Holiday visas since they cannot be extended. This is the black and white rule and there's absolutely no grey area (CIC's rule). Many people don't seem to be caught if they continue to work illegally after their IEC has expired (i.e. CIC doesn't appear to be very proactive in enforcing this rule). However we do have examples of a few people on this forum who have been caught and it has created problems in the PR process. One individual was actually approved for their PR visa and then landing (and becoming a PR) was denied since they had worked after their IEC had expired thinking they were on implied status (when they weren't and were actually working illegally). Unfortunately we don't know the outcome of that case. That person never came back to tell us what happened. So there's absolutely a risk. Whether you take that risk is up to you.

 

[Jalex23]

It's Implied status after a Working holiday visa and there are different opinions if you can be on implied status after Working holiday visa. I've seen and know a lot of people who did that and got PR eventually and had no problems, but there was some discussion on this forum that people got rejected because of it.

Ah... that's different. There is no implied status after a Working Holiday. So as soon as her WH ends she has to stop working immediately.

No grey area still.

 

[IdleHands]

We had a similar situation. My gf got a skilled work from a company that wanted to sponsor her. What we did is, the company put in an application without the LMIA, knowing it will be rejected. However that bought her time, so she was still able to work. While the application was being process, she could continue working under implied status.

However when the application got denied, she had stop working immediately and wait out, for the LMIA or in our case Young Professional visa results. After that I think you've got 90 days to either leave the country or ask for an extension which can buy you even more time. If you're lucky enough the BC PNP would be finished by then and she could be working with a new work permit.

As far as for visiting as a tourist, most EU countries don't require a visa but you'll have to satisfy an immigration officer (which I failed to do so - and it was completely my fault). Be clear, explain the situation, have the paperwork like common-law registry, proof of funds, return ticket and health insurance.