Will I be able to work while applying for permanent residency

[EddieTNZ]

Hi everyone, I really appreciate your time and help.

My Background and Status:

I am from New Zealand, currently living in Vancouver BC with my Canadian born girlfriend of three years.
I am here on a 1 year working holiday visa, which expires in March 2014.
I am full time employed, working in marketing.

My Intention:

I would like to extend my stay in Vancouver - for at least another year.

Questions:

Common Law Sponsorship. Am I unable to work for 6 months from the date I submit my application? This would mean I have to leave my job, because my current work visa ends in March 2014.

Company Sponsorship. As someone who is working in marketing, am I able eligible?

 

[sariss]

If you are applying inland and you send an open work permit in with your application, once stage one is done (approx 11 months) then you will be able to work.

 

[QuebecOkie]

You can work up until your current work permit expires. At that time, you must quit working, unless you've either found a company willing to do an LMO (labour market opinion, allows them to hire non-Canadians), or you applied for Permanent Residency inland and have received an OWP (almost impossible, as it's quite unlikely CIC will have completed stage one of your application by that time).

 

[Sweden]

if you're from NZ there is no reason to apply inland, as Sydney is one of the fastest offices. You're most likely be done with outland before they even start looking at the inland application.
I think NZ has a second year IEC. so once you qualify for CL, apply outland. In the meantime, try to get yourself a second IEC if possible.

If not possible - stop working when your IEC expires, and start again when the PR is issued.

There is no implied status with IEC, so even if you apply inland to keep on working, it wouldn't work.
Sweden

 

[EddieTNZ]

Thank you all for your replies. It seems we have conflicting answers though.

Here is something I found online. Could someone tell me what you think this means? It's quite confusing to me...

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

 

[scylla]

Because you are on an IEC, it means that if you submit an inland application before your IEC expires, you will be allowed to remain in Canada legally as a visitor (but not work). If you were on a different kind of work permit (e.g. closed work permit obtained by going through the LMO process) then you would be able to keep working. However since IECs cannot be extended, this rule doesn't apply to your case.

Once the inland application has first stage approval (AIP) - you will then be issued an open work permit and can start working again for any employer you wish. First stage approval is currently taking 11 months after the application is received.

Do not make the mistake of ignoring the advice you're being given here and believing that you can continue working after your IEC has expired (based on submitting the inland application and OWP). We've had at least two cases here where inland applications have run into extremely serious problems because others made this same mistake and CIC has now confirmed they were working illegally (and is taking action against them).

 

[scylla]

If you are applying inland and you send an open work permit in with your application, once stage one is done (approx 11 months) then you will be able to work.

Just to clarify - the above is incorrect for IECs. You can remain in Canada but it is illegal to keep working.

 

[EddieTNZ]

This is terrible news. I have a great job and will have to quit.

Would you recommend I try for company sponsorship then? What are my chances? My hiring manager would like to keep me on.

 

[EddieTNZ]

Because you are on an IEC, it means that if you submit an inland application before your IEC expires, you will be allowed to remain in Canada legally as a visitor (but not work). If you were on a different kind of work permit (e.g. closed work permit obtained by going through the LMO process) then you would be able to keep working. However since IECs cannot be extended, this rule doesn't apply to your case.

Once the inland application has first stage approval (AIP) - you will then be issued an open work permit and can start working again for any employer you wish. First stage approval is currently taking 11 months after the application is received.

Do not make the mistake of ignoring the advice you're being given here and believing that you can continue working after your IEC has expired (based on submitting the inland application and OWP). We've had at least two cases here where inland applications have run into extremely serious problems because others made this same mistake and CIC has now confirmed they were working illegally (and is taking action against them).

I just spoke on the phone to Citizen and Immigration Canada about this. They are saying that you are incorrect and that as long as I apply for an open work permit at the time I apply for my permanent residency, I can continue to work under implied status. They said it doesn't matter what visa category I am currently in.

Please can you let me know what you think about this. Having the correct answer to this is obviously hugely important to me.

 

[truesmile]

Seems that the CIC has been telling that to "everyone" here who calls and asks that question. Personally, I will take CIC's advice over any of the anonymous sort, perhaps record the date and time you received that advice (name if you can catch it) and jump all over it.

 

[Rob_TO]

Seems that the CIC has been telling that to "everyone" here who calls and asks that question. Personally, I will take CIC's advice over any of the anonymous sort, perhaps record the date and time you received that advice (name if you can catch it) and jump all over it.

Unfortunately knowing the date and time, or even getting a transcript of a CIC call centre agent telling you it's fine to work in this care... will not help at all if you are one of the unlucky few that is actually caught. The visa officers who would enforce this are only following the rules, and don't care if others have given you false information. Perhaps if you get to an appeals judge they will take the incorrect info given into consideration, but by then you've probably delayed your application at least a year or so.

Here is a post that seems to explain it the best, in an email response from CIC: http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html;msg2710263#msg2710263
Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status,

The problem is this is a technicality rule, and the rule is not easily apparent when reading it in the CIC guides. Not to mention it is very rarely enforced. The call centre agents do NOT have in-depth training on every single area of immigration. Many times they simply pull up the necessary rule, and make a judgement call on the spot as to what it means. That's why you can call the call centre 5 different times, talk to 5 different agents, and get 5 different responses to the same question.

Most people that continue working on IEC thinking they have implied status, do not get caught. However some do. Some have posted here saying that they were caught and now face huge delays in their application. Also this situation was recently on some TV show that profiles border officers. The choice is up to the individual, but they should know despite what the CIC call centre agents tell them, there is a chance continuing to work under expired IEC will not go smoothly so should know the potential consequences and if the risk is worth it.

 

[EddieTNZ]

I actually referred to the same sentence when speaking to an agent, and they said the part in bold below means I can work, because I'm not applying for an extension of the same program. I'm applying for a different open work permit.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

I still don't know what to think, however. Grrrr.

What are the consequences if I work and the agent is wrong? Do I get fined and/or kicked out of the country? What would you do in my situation?

 

[EddieTNZ]

I spoke to an agent yet again (obviously I'm wanting to get to the bottom of this, so I don't do anything illegal).

This agent at first said I cannot; however, after he consulted his resources he said I am able to continue working - yet another contradiction. I asked him if he was 100% certain to which he said yes. I then took down his name, agent number and the time of call.

 

[Ponga]

I spoke to an agent yet again (obviously I'm wanting to get to the bottom of this, so I don't do anything illegal).

This agent at first said I cannot; however, after he consulted his resources he said I am able to continue working - yet another contradiction. I asked him if he was 100% certain to which he said yes. I then took down his name, agent number and the time of call.

Isn't it fun?
Calling the source to get the correct answer, multiple times, only to hear multiple answers...one of which has to be right...RIGHT?!?!

Having the name, agent number and time of call seems like a wise idea, but according to a previous reply above, may have no credence down the road.

 

[scylla]

What are the consequences if I work and the agent is wrong? Do I get fined and/or kicked out of the country? What would you do in my situation?

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.