working holiday visa and implied status

[cometkim]

Hello,

I'm Korean and working in Canada with working holiday visa. Is it possible for me to be on implied status if I submit my PR application with open work permit before my working holiday visa expires? I initially was told that it is not possible; however, a friend of mine who came with America/Canada swap program which I thought is similar to Working holiday program said that she was advised to keep working by her immigration consultant even though her work permit was expired on Oct. According to her immigration consultant, she is on implied status because she submitted her PR app with open work permit app.

Does anybody know if that's possible for me as well? I REALLY want to continue working at my current job while I'm waiting to get my PR. but my work permit expires in Feb.
Please help!

 

[Rob_TO]

Since working holiday/IEC type visa are NOT naturally extendable, they do not benefit from "implied" status. So anyone on these types of visas that continue to work after they expire under the assumption of "implied" status, are actually working illegally. There have been posts here of people that have been caught, and as a result had their PR application delayed by years. Though it seems the chance of being caught is slim, nonetheless is does happen and people should know the risks.

Problem is, many consultants and even CIC call centre agents don't know the difference between a regular work visa, and the special working holiday/IEC type visas. So just naturally assume any and all forms of work get "implied" status, when actually that is not the case.

In your situation, it would be recommended to apply with an OUTLAND application, and try to get a new working holiday permit separately (if that's possible). Else you would need to prepare to stop working after your current permit expires, or see if your employer will go through LMIA process to get you a closed work permit.

 

[zardoz]

Hello,

I'm Korean and working in Canada with working holiday visa. Is it possible for me to be on implied status if I submit my PR application with open work permit before my working holiday visa expires? I initially was told that it is not possible; however, a friend of mine who came with America/Canada swap program which I thought is similar to Working holiday program said that she was advised to keep working by her immigration consultant even though her work permit was expired on Oct. According to her immigration consultant, she is on implied status because she submitted her PR app with open work permit app.

Does anybody know if that's possible for me as well? I REALLY want to continue working at my current job while I'm waiting to get my PR. but my work permit expires in Feb.
Please help!

Read this -> http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/
And this -> http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

 

[Rob_TO]

This one also: http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html