Will I be able to work while applying for permanent residency

[Rob_TO]

We've seen two cases here. In the first case the person was issued a PR visa but was then refused landing when they tried to enter Canada and they could not become a PR due to the illgal work. We don't know what happened after they were refused because they never came back and told us.

In the second case, the individual did not receive AIP after 11 months (as is normal with inland applications). Instead, their file was sent to the Etobicoke officer for further examination due to the illegal work. The Etobicoke office is a black hole and getting your application sent there can add months if not a year or more to your overall processing time. Since this person's file was only send to the Etobicoke office a few months ago, it's too early to say what the outcome will be.

Someone mentioned there was also a CBC show profiling border officers that covered this issue. Does anyone know what the situation/result was in the show?

 

[scylla]

Someone mentioned there was also a CBC show profiling border officers that covered this issue. Does anyone know what the situation/result was in the show?

That's right- I forgot about that! I saw the episode. Will see if I can figure out which one it is...

 

[scylla]

I then took down his name, agent number and the time of call.

FYI - this information has zero value.

If you continue working and CIC at some point says you've been working illegally - you'll still be held 100% responsible.

Sure - you can provide all of the agent's information. CIC will just say that you either asked the wrong question or misunderstood the answer. And you're still left holding the bag and dealing with the consequences entirely on your own.

 

[Ponga]

Someone mentioned there was also a CBC show profiling border officers that covered this issue. Does anyone know what the situation/result was in the show?

I saw the episode [Border Security] and the person thought that he was doing the right thing, by walking into a land border office and requesting his WP extension [if I recall].

He was denied and sent back to his home country...losing not only his job, but whatever home he had in Canada.

Due to the uncertainty and the need for a straight answer, this seems to be a good reason to make the investment in getting proper legal advice, post haste!

 

[EddieTNZ]

In my circumstance, I'm not too concerned about my permanent residency.There is a good possibility I will have returned home before my PR application is processed. I just want to extend my stay here and work non-stop for the duration of my stay.

Regarding the TV episode, correct me if I'm wrong, but I don't know if that is relevant to my situation because I won't have to go to the border to receive implied status. I just continue working under implied status.

I have spoken to a lawyer from your company about the uncertainty around implied status with IEC visas, and he is looking into this for me as he wasn't sure himself. What a nightmare!

 

[Ponga]

Good plan. Better to resolve this now, before you have a REAL nightmare!

Keep us posted please. We can all learn from this experience!

 

[EddieTNZ]

Post has been edited to include a question:

In my circumstance, I'm not too concerned about my permanent residency.There is a good possibility I will have returned home before my PR application is processed. I just want to extend my stay here and work non-stop for the duration of my stay.

Regarding the TV episode, correct me if I'm wrong, but I don't know if that is relevant to my situation because I won't have to go to the border to receive implied status. I just continue working and nothing really changes.

I have spoken to a lawyer from your company about the uncertainty around implied status with IEC visas, and he is looking into this for me as he wasn't sure himself. What a nightmare!

 

[Rob_TO]

Due to the uncertainty and the need for a straight answer, this seems to be a good reason to make the investment in getting proper legal advice, post haste!

Unfortunately just because someone is a lawyer, does not always mean they have the right answer. There have been countless cases on this forum where applicant's lawyers have given them completely wrong info on a wide variety of topics. And just like a call centre agent... you can't use the excuse that someone gave you wrong info. The applicant is always responsible and is the only one that faces any consequences. So honestly i don't think a lawyer will help whatsoever here.

From the post i linked to above, there are other instances where letters from CIC stated this:
To a lawyer: http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html;msg2532689#msg2532689
The call centre agent told me that as a result of my query, there will be a change in the wording of CIC's statement that holders of IEC open work permits do not benefit from implied status.

To the applicant: http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html;msg2530930#msg2530930
your current work permit obtained through IEC cannot be extended, nor can you apply beyond the validity period originally authorized as per your letter of Introduction. The work permit implied status not apply to you

So again, many people work on expired IECs thinking they have implied status, and from what we know hardly any are actually investigated and most don't have any problems. But it is a basic fact that some do get caught. Its really up to the individual if they think the risk they would get investigated as doing something illegal, is worth it.

 

[EddieTNZ]

What are the risks if this is in fact illegal as you say? Does it only affect me getting visas in Canada and doesn't affect me outside of Canada?

And what are the main ways you can be caught? If you leave the country for whatever reason and then return, I presume you might get caught then?

Will I be able to get a new sin number? If not, then that would mean I can't work... If I get my sin, surely I'll be fine... Right?

 

[Ponga]

Post has been edited to include a question:

In my circumstance, I'm not too concerned about my permanent residency.There is a good possibility I will have returned home before my PR application is processed. I just want to extend my stay here and work non-stop for the duration of my stay.

Regarding the TV episode, correct me if I'm wrong, but I don't know if that is relevant to my situation because I won't have to go to the border to receive implied status. I just continue working and nothing really changes.

I have spoken to a lawyer from your company about the uncertainty around implied status with IEC visas, and he is looking into this for me as he wasn't sure himself. What a nightmare!

Well, I'm sure the person that was removed from Canada didn't understand this whole process either.
Since you've contacted a lawyer, why not him tell you what you need to do. If I were you, I wouldn't rely on anything else!

Oh, if you are applying Inland, you're not suppose to leave Canada during the entire process.

Just my $0.02

 

[EddieTNZ]

Well, I'm sure the person that was removed from Canada didn't understand this whole process either.
Since you've contacted a lawyer, why not him tell you what you need to do. If I were you, I wouldn't rely on anything else!

Oh, if you are applying Inland, you're not suppose to leave Canada during the entire process.

Just my $0.02

Not true according to the agent I spoke to from CIC. They said they don't recommend leaving the country, but you can do so at your own risk. It is up to border security to decide whether they let you in again. They may not let you in due to dual intentions: applications for both PR and OWP.

 

[Sweden]

Not true according to the agent I spoke to from CIC. They said they don't recommend leaving the country, but you can do so at your own risk. It is up to border security to decide whether they let you in again. They may not let you in due to dual intentions: applications for both PR and OWP.

if you apply inland, leave the country and then not let in again, your PR application is deemed abandoned... and you will have to start all over again. In your case, it seems that you insist on inland, where you have an IEC (do not benefit from implied status), and you need to leave the country.... it seems that outland would be the way to go! also because your VO is one of the fastest.... so jsut take the "easy route" - apply outland, stop working when your IEC expires (or get a new one if NZ has a second year, a lot of countries do), and work again when the PR comes! if you intend to travel anyway - just work until March, then travel, then come back when your PR is approved! yes - it sucks not to be able to keep on working, but in your case, because Sydney is fast, it will only be a few months, and compared to the risk to working illegally and being caught, seems like a fairly easy choice.
Sweden

 

[Ponga]

Not true according to the agent I spoke to from CIC. They said they don't recommend leaving the country, but you can do so at your own risk. It is up to border security to decide whether they let you in again. They may not let you in due to dual intentions: applications for both PR and OWP.

Wow...Starting your sentence with `Not true', seems rather harsh, considering my previous post simply said that you are not suppose to leave. I never said you had to chain yourself to your desk and NOT leave. :

But...imagine the scenario where you have filed an Inland application and a WP (of some kind) and you get a CBSA officer that's in a < good mood. S/he can deny you re-entry back into Canada and you then run the risk of your entire application being thrown out, since you would be deemed to have abandoned your application. Is this likely to happen? Who knows. CAN it happen...absolutely.

Good luck sorting this all out.

 

[CheshireCats]

I wonder if contacting someone directly at CBSA might help a bit better. Pretty sure you'll get the answer you need!

http://www.cbsa-asfc.gc.ca/do-rb/menu-eng.html

We have dealt with many CBSA officers, our local office is 5 minutes down the road. They aren't as harsh as the show makes them out to be

 

[Rob_TO]

What are the risks if this is in fact illegal as you say? Does it only affect me getting visas in Canada and doesn't affect me outside of Canada?

As was mentioned, the main risk is that your PR application would be delayed indefinitely while they sort everything out.

Of course it can't affect you outside of Canada as this is only a Canadian issue.

And what are the main ways you can be caught? If you leave the country for whatever reason and then return, I presume you might get caught then?

If you read the post i linked to above, you will see the person just got caught randomly without doing anything. The visa officer reviewing their file either did a random check on their work status, or the CRA randomly informed CIC that the applicant was working under an expired IEC work permit/expired SIN. Nobody knows why some people are caught, while most others get away with it. Perhaps CRA and CIC don't communicate much, or maybe visa officers in general don't really care about this or bother to check... who knows.

Will I be able to get a new sin number? If not, then that would mean I can't work... If I get my sin, surely I'll be fine... Right?

As far as I know you do NOT get a new SIN with implied status. If someone really has implied status for working, then they could continue to use their current SIN number.