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While Waiting for LMIA - Can I Work Past IEC Visa Deadline?

seanobroin89

Newbie
Apr 7, 2015
2
0
Canadian immigration says that "if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit."

I have an IEC visa and am applying for an LMIA. Can I continue to work past my IEC visa deadline while waiting to hear back on the LMIA?

I am unsure whether the IEC and LMIA would be counted as different categories.

Most of my sources say that I cannot work, however a friends lawyer says that this is possible to continue to work as it would technically be implied status.

It's difficult to know what to do.

Thanks,
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Same boat completely and we worked for 2 months past IEC after applying for LMIA and Temporary resident status.

I called, a thousand times, as did my boss and my spouses. We consulted lawyers too.

This is what IEC sent me in October 2014:

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Still awaiting the Labour Market Impact Assessment (LMIA) confirmation or the Certificat d’acceptation du Québec (CAQ)

If you are ready to submit a work permit application and are still waiting for a Labour Market Impact Assessment (LMIA) or a Certificat d’acceptation du Québec (CAQ), you may submit the work permit application only within 2 weeks of the expiry date of your status and include proof that the LMIA/CAQ request was made. You must:

Include a copy of the application sent to Employment and Social Development Canada /Immigration Québec, or
Include a copy of the receipt confirmation number, if the request was done online, or
Indicate, in section Details of Intended Work in Canada of the Work Permit application,
the date the LMIA/CAQ request was sent,
which office it was sent to,
the employer’s name, and
the confirmation number for the submission, if available.
You must contact our Call Centre with the LMIA/CAQ confirmation number within 2 months of the reception date of your application; otherwise the Case Processing Centre may refuse the application.

Please note that if you are waiting for your CAQ, you cannot submit the application online. You must submit a paper application. You may fill out the application online and print it or print it and fill it out by hand. You must then send it to the mailing address specified in the Instruction Guide.






Implied status - Temporary resident

If you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident (TR) until a decision is made on the application. This is known as an implied status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

If you leave Canada while under implied status, you may be authorized to re-enter Canada:

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:
are temporary resident visa (TRV) exempt,
held a valid multiple-entry visa upon your return to Canada, or
you have travelled only to the United States** and/or St.Pierre and Miquelon and return to Canada before your status as a visitor, student or worker expires; and
the officer at the port of entry is satisfied that you have sufficient means of support,
As a worker or student, if the officer determines that your application to extend your work/study permit was approved while you were outside Canada, or
If you are eligible to apply for a new work or study permit at your arrival in Canada.
For more information on implied status, please consult our website.

* You will not be permitted to work/study until you receive your new permit.
** Including its Territories and Possessions.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Obviously I am still worried about this.

At the time I was told category counted as changing from worker to student as the work visa in your passport says 'open work permit'.

I may be wrong and I am now worried when we submit our PR app those 2 months will screw us over for good. I'm applying as I either can and get accepted or denied for good. Or never apply and never know.
 

scylla

VIP Member
Jun 8, 2010
96,885
22,857
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
There's no implied status with IECs. Unless you have a new and approved work permit in hand, you have to stop working as soon as your IEC expires. Unfortunately this seems to be a common misunderstanding among lawyers. And no point calling the CIC help desk - they get all but the most basic questions wrong.

If you continue working illegally after your IEC has expired, there certainly a chance you won't be caught. However we've had a few members of this forum who have been caught and things have turned ugly for them (one was denied landing as a PR). So ultimately your choice how much risk you're willing to take.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
I think we are doomed to fail pr because of misinformation.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
At the time we were acting on the information we had but who knows here. Everything will be declared and I will post here eventually the result.
We weren't trying to avoid being caught and we didn't hide what we were doing to employers - we were trying to play by the book. It doesn't matter to these people though.

Give me a few months and I'll let you know the result.
 

Monija

Star Member
Jan 9, 2015
133
3
I am in the same situation. I worked for 2 months after my IEC expired while waiting for new permit with LMO. Because LMO was rejected, work permit application rejected too. In the rejection letter was written that my permanent status expired on a day they rejected my application, so it means I had an implied status, because they considered those 2 extra months as me being a temporary resident, but everyone here say that IEC can't get implied status, so I am not sure now, cause the letter says I had it.

But I agree with you guys, we have to try and see what happens, other wise we won't have peace :)
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Hey love, looks like we are in identical boats lmia wise. Question, as when I started working I didn't need an lmia but to continue we applied (and was denied one) what are you putting when they ask if a work permit and lmia was required or just work permit? I
 

Monija

Star Member
Jan 9, 2015
133
3
I said work permit was required but not LMIA.

What your refusal letter said about when your status expired?