Waiting for Nomination, Implied status as a visitor on IEC?

[jroockley]

Hello there, i am well aware i can not work under my IEC visa when it expires on the 26th April.

I am hoping to be nominated from the BC PNP soon and then go on to obtain a work permit through my nomination. I have 2 quick questions.

1.I was wondering though about staying here as a visitor, am i right to assume i can still apply online if i still haven't received a nomination before April 26th and remain as a visitor?

2. If i received my nomination before the IEC expiration, can i go to the border with forms and try for the work permit on the spot? Or if i have to apply online for a work permit, will that give me implied status as a visitor while i wait for it?

Many thanks in advance!

 

[Bholl]

You need to maintain status so if you don't have your PNP nomination at the time your IEC is up then you should apply via paper (mail) method in applying for your work permit with all the bits and pieces they ask for.

This gives you implied status until a decision is made. If your nomination comes through while this is going down you can send it in as an addendum to CIC and they should be able to process the whole thing together.

Key point is have ALL the required info when you apply via paper (obviously minus the PNP supporting letter)
Also when you mail it in do it via a tracked express package and keep that tracking receipt as that is your only evidence that you sent it in. (And a full copy of your submission).

You can go to the border if you get the nomination earlier but the above method would work for either.

 

[liisa227]

1) You're allowed to stay as a visitor while waiting for your nomination to come through, and you can apply for the visitor status online. If you're from a visa-exempt country, you can also just go down to the States and come back to Canada as a visitor (that's what I did in 2013). If you're from a visa-required country, then I think you can only get visitor status by sending the official application (paper or online).

2) You should ask for a support letter from BC PNP right now, if you didn't already (you can call them or send an email - if you request it in advance, they will send the letter to you via email at the same time when they send you the approval email, which speeds things up quite a bit). Once your nomination comes through, you can take the letter along with your nomination papers and get a new work permit at the border. The letter is basically a request from the provincial authorities to CIC to expedite the process of getting you a new WP, so it's important to have this letter with you.

Also note that if you're in a hurry to get a new WP, you shouldn't need to wait for the official nomination package to arrive in the mail before you go to the border. When I did this same thing last year, I just had the approval email, support letter and my work-related documents (offer of employment, job description etc.), and had no trouble getting a WP at the border.

Hope this helps!

 

[liisa227]

You need to maintain status so if you don't have your PNP nomination at the time your IEC is up then you should apply via paper (mail) method in applying for your work permit with all the bits and pieces they ask for.

This gives you implied status until a decision is made. If your nomination comes through while this is going down you can send it in as an addendum to CIC and they should be able to process the whole thing together.

Key point is have ALL the required info when you apply via paper (obviously minus the PNP supporting letter)
Also when you mail it in do it via a tracked express package and keep that tracking receipt as that is your only evidence that you sent it in. (And a full copy of your submission).

You can go to the border if you get the nomination earlier but the above method would work for either.

You can't get implied status from IEC, because IEC visas are not extendable.

 

[jroockley]

You can't get implied status from IEC, because IEC visas are not extendable.

I am from the UK. What would you think is the best method, if i go to the border they could just refuse me entry right? If i apply online would i have to have received the decision before the 26th? Otherwise i would be on Implied status, which i do not get. Can i be on implied status as a visitor?

 

[liisa227]

I am from the UK. What would you think is the best method, if i go to the border they could just refuse me entry right? If i apply online would i have to have received the decision before the 26th? Otherwise i would be on Implied status, which i do not get. Can i be on implied status as a visitor?

Are you talking about getting a visitor status or WP at the border? If you're just wanting to get visitor status, I wouldn't be worried about getting refused since UK is a visa-exempt country. Again, this is exactly what I did before I got my nomination. Just be sure to have proof that you've applied for PNP (AOR/file number email etc.), and be prepared that they might ask you for proof of funds, since you're essentially wanting to come into Canada while not being able to work. So credit cards or a fresh bank statement showing that you have at least a month or two's worth of money to support yourself will get you a long way. When talking to the border officers, be very honest about what your intentions are - basically you're just wanting to wait in Canada for your PNP to come through, so that you can go back to work as soon as it does. They won't refuse you visitor entry, if they're satisfied that you're not intending to work in Canada when you're not authorized to do so.

As far as I know you can't flagpole into visitor status, though. So you should at least make it into a shopping trip to Bellingham or something.

I'm not sure if you can get implied status when going from IEC to visitor, even if you've sent in a visitor visa application. IEC is unfortunately an exception in a lot of ways when it comes to extensions and other immigration matters. In my case my consultant said the safest bet is to go out of the country and switch your status at the border, so that there's absolutely no risk of "misusing" implied status, and so that you get the proper stamps in your passport immediately and can prove your status if requested at any point.

If you want to confirm your plans with someone who knows more about these things, I can share my consultant's information (he's based in Vancouver).

 

[Bholl]

You can't get implied status from IEC, because IEC visas are not extendable.

I was on an IEC working holiday visa and was fine on implied status from dec 14 to March 2015 with no issue. You can't get a bridging visa but you can certainly apply for you work permit and remain on implied status until a decision is made. I know this as I JUST went through it all this week after finally receiving my nomination and heading to the border for my permit.

 

[liisa227]

I was on an IEC working holiday visa and was fine on implied status from dec 14 to March 2015 with no issue. You can't get a bridging visa but you can certainly apply for you work permit and remain on implied status until a decision is made. I know this as I JUST went through it all this week after finally receiving my nomination and heading to the border for my permit.

Did you work while you were on implied status?

 

[Jamarns]

IEC work permits are not extendable therefore do no benefit from implied status as a worker, they do however gain implied status as a visitor if there's a pending application with CIC in the system.

There have been cases of people working under the assumption that they had implied status on an IEC vis and they have had applications for permanent residency denied, if you search this forum you'll find a few examples. I'm in the same boat as my visa runs out in May, you can apply online for a visitor visa if you're from a visa exempt country and really it's just simpler and better for your own peace of mind to know that you still have status. It does suck not being able to work for a period of time, but it's better than having your whole application denied because you thought you could work when you couldn't.

There are plenty of stories of people that claim they worked on implied status while they had an IEC visa but the plain and simple fact is that these people were just lucky enough to not get caught, it appears as though CIC doesn't have a lot of checks and balances in place to catch people out on IEC visas but people have and do get caught.

 

[Naosync]

I am in the same boat here. Put my application for BC PNP in through express entry route on March 5th got my AOR April 7th. My IEC visa runs out on Tuesday so we have to change to Visitor status. I'm going to phone immigration today and confirm if my husband and I can just go to the border and get visitor status rather than filling in the online application.

I'll keep you posted how everything works out

 

[jroockley]

Awesome please do!

 

[jroockley]

I am in the same boat here. Put my application for BC PNP in through express entry route on March 5th got my AOR April 7th. My IEC visa runs out on Tuesday so we have to change to Visitor status. I'm going to phone immigration today and confirm if my husband and I can just go to the border and get visitor status rather than filling in the online application.

I'll keep you posted how everything works out

Any news on which plan you are taking?

 

[Naosync]

Yeah we are just in the middle of sorting our application for visitor status. We are doing an online application. We spoke to immigration and they said we could chance going to the border but there is a possibility Of them refusing you entry so this way we at least have implied status as a visitor.

Jut going to have to hope they hurry through the pnp applications - it's gonna be a tight few weeks

 

[jroockley]

Yeah we are just in the middle of sorting our application for visitor status. We are doing an online application. We spoke to immigration and they said we could chance going to the border but there is a possibility Of them refusing you entry so this way we at least have implied status as a visitor.

Jut going to have to hope they hurry through the pnp applications - it's gonna be a tight few weeks

Perfect thanks, i am on week 7 and a half, they say they process usually within 8 weeks, so i should hear something pretty soon, which might give you a more accurate timeline for yourself! Good luck! What documents did you file for visitor? Bank, PNP info any other supporting docs?

 

[Naosync]

We uploaded copies of our last 2 paycheques and our last months bank statement, then you need to scan each page of your passport that has stamps, your visa, passport size photo and fill in a few forms. Doesn't take too long. Then you just pay the fee which is $100. It's better to do it online hen you have a better idea of what you need to fill in. Apparently it takes around 6 weeks but you will be on implied status until then.