Express Entry / BOWP / Implied Status

[tireoghain15]

Hi,

First time poster - apologies as I'm sure this has already been talked about multiple times but I haven't been able to locate an exact answer to my personal situation. My girlfriend and I are on IEC working visas that expire mid August. We've just completed the EE profile and have 456 points. Obviously it's difficult to know when we'll get drawn (if at all).

I understand that to get implied status I have to apply for a BOWP and in order to apply for a BOWP I have to have received the AOR. My question is if by late July/early August we haven't been given an ITA - what are the options in terms of staying on? We're both in comfortable employment. I've seen some people say that you can mail off for a BOWP shortly before the working visa expires and hope you get the ITA & AOR in the approx 100 days it takes for a BOWP to be processed and while this is in process we can continue working. I've also seen people saying the IEC isn't applicable to this.

Can anyone clarify?

Please and thanks ;D ;D

 

[scylla]

Your situation is actually quite different since you are IEC holders. IECs are a special class of work permits that cannot be extended and therefore don't qualify for implied status. You'll have to stop working when your IECs expire unless you are holding new and approved work permits in your hand by then.

If you held a different type of work permit then the answer would be different. Unfortunately IECs don't benefit from implied status.

If you want to stay on past the expiry of your IECs and haven't been selected through express entry by then - then your options for staying and working are applying for another IEC (if you qualify) or alternatively getting your employer to obtain an LMIA so that you can obtain a closed work permit. If you want to go either of these routes - you should start immediately since both take time.

 

[Jonty711]

Hi,

First time poster - apologies as I'm sure this has already been talked about multiple times but I haven't been able to locate an exact answer to my personal situation. My girlfriend and I are on IEC working visas that expire mid August. We've just completed the EE profile and have 456 points. Obviously it's difficult to know when we'll get drawn (if at all).

I understand that to get implied status I have to apply for a BOWP and in order to apply for a BOWP I have to have received the AOR. My question is if by late July/early August we haven't been given an ITA - what are the options in terms of staying on? We're both in comfortable employment. I've seen some people say that you can mail off for a BOWP shortly before the working visa expires and hope you get the ITA & AOR in the approx 100 days it takes for a BOWP to be processed and while this is in process we can continue working. I've also seen people saying the IEC isn't applicable to this.

Can anyone clarify?

Please and thanks ;D ;D

You could also get picked for the OOPNP option.

Tireoghain abu!!

 

[Jonty711]

Also implied status and BOWPs are 2 different things. As an iec holder you must get a BOWP in order to continue work.

 

[scylla]

Also implied status and BOWPs are 2 different things. As an iec holder you must get a BOWP in order to continue work.

Agreed. If you get an approved BOWP before your IECs expires, then you can continue working uniterrupted.

 

[tireoghain15]

Your situation is actually quite different since you are IEC holders. IECs are a special class of work permits that cannot be extended and therefore don't qualify for implied status. You'll have to stop working when your IECs expire unless you are holding new and approved work permits in your hand by then.

If you held a different type of work permit then the answer would be different. Unfortunately IECs don't benefit from implied status.

If you want to stay on past the expiry of your IECs and haven't been selected through express entry by then - then your options for staying and working are applying for another IEC (if you qualify) or alternatively getting your employer to obtain an LMIA so that you can obtain a closed work permit. If you want to go either of these routes - you should start immediately since both take time.

Thanks scylla.

That's part of the reason why I'm pretty confused. I have read that IEC isn't eligible for implied status but I have two good friends that were able to get implied status with their IEC work permits so I'm not sure what the criteria is. I may chance my arm the same way they did and hope it works out.

If I get an ITA/AOR through express entry prior to the expiration am I able to submit an application to get a BOWP and continue working? Or would I have to stop working and await the approval from BOWP?

 

[Jonty711]

Thanks scylla.

That's part of the reason why I'm pretty confused. I have read that IEC isn't eligible for implied status but I have two good friends that were able to get implied status with their IEC work permits so I'm not sure what the criteria is. I may chance my arm the same way they did and hope it works out.

If I get an ITA/AOR through express entry prior to the expiration am I able to submit an application to get a BOWP and continue working? Or would I have to stop working and await the approval from BOWP?

Your buddies are not on implied status, if they are waiting for PR and on an expired IEC. If you have an AOR, you can apply for BOWP, this gives you an implied status while you are waiting for the BOWP, not for PR.

 

[tireoghain15]

Your buddies are not on implied status, if they are waiting for PR and on an expired IEC. If you have an AOR, you can apply for BOWP, this gives you an implied status while you are waiting for the BOWP, not for PR.

OK. So if I get the AOR and send through my application for the BOWP before my visa expires can I continue to work while waiting for BOWP approval or would I have to stop working?

 

[tireoghain15]

You could also get picked for the OOPNP option.

Tireoghain abu!!

I didn't even see this comment - HON TIR EOGHAIN!

 

[Jonty711]

I didn't even see this comment - HON TIR EOGHAIN!

LOL. that is my understanding of implied status for the BOWP.

 

[smdr]

Very interesting topic and lots of question marks for me as well.

I am also on IEC and after 12 months of skilled experience (and foreign experience too) I just got ITA through express entry. I have 11 days until my work permit expires and I still work for my employer.

1. Does it mean that I have to stop working after those 11 days? (and if I still work it is illegal?) I just applied for new work permit
2. Is the only way to continue working to get AOR within those 11 days and based on that apply for BOWP?
3. OR can I apply for BOWP based on ITA?
4. Should I call CIC to clarify my situation (I cant find anywhere clear rules to know for sure where Im at...
5. Should I maybe visit Canada Place to renew my SIN number too?

PS. I didnt know that my open work permit is that different - it doesn't say it's working holiday - and even there is sentence on the back: 'If you wish to extend your stay in Canada as a temporary resident (visitor, student or worker) you must complete application form. To ensure that you receive your new document before old one expires you should return your application at least 30 days before the expiry date of your status)'

1. and the key question - after completing this application form and after my old permit expires I won't be on implied status? Can I even still be legally in Canada? (I am supposed to leave after 11 days)...

Will be grateful for suggestions...

 

[purplesnow]

1)Yes if your work permit expires in 11 days and you don't have another one, you need to stop working. Continuing to work is illegal.
2)yes, but its only applicable if they receive your IMM5710 before your current permit expires.
3)no, can't apply for BOWP based on ITA.
4)up to you
5)yeah, when you have valid work status you will need to renew your SIN.


IEC = International Experience Canada. Its a work/holiday visa.

See I don't know what you applied for. If you applied for another IEC, then no you can't work in the in between time. IEC's aren't extendable and there's no implied status when going from one IEC to another IEC. You'd need to switch to a visitor visa to keep your status legal until the next one comes through.

 

[MTHAKKAR]

1)Yes if your work permit expires in 11 days and you don't have another one, you need to stop working. Continuing to work is illegal.
2)yes, but its only applicable if they receive your IMM5710 before your current permit expires.
3)no, can't apply for BOWP based on ITA.
4)up to you
5)yeah, when you have valid work status you will need to renew your SIN.


IEC = International Experience Canada. Its a work/holiday visa.

See I don't know what you applied for. If you applied for another IEC, then no you can't work in the in between time. IEC's aren't extendable and there's no implied status when going from one IEC to another IEC. You'd need to switch to a visitor visa to keep your status legal until the next one comes through.

Hi,

If some one was on Post Study work permit and applied for BOWP on basis of PNP Approval, waiting for BOWP, then are we allowed to continue work or Shall we have to stop working till we get approval of BOWP?

Many Thanks In advance.

 

[MTHAKKAR]

Also implied status and BOWPs are 2 different things. As an iec holder you must get a BOWP in order to continue work.

Hi,

If some one was on Post Study work permit and applied for BOWP on basis of PNP Approval, waiting for BOWP, then are we allowed to continue work or Shall we have to stop working till we get approval of BOWP?

Many Thanks In advance.

 

[Dennia]

Hi,

If some one was on Post Study work permit and applied for BOWP on basis of PNP Approval, waiting for BOWP, then are we allowed to continue work or Shall we have to stop working till we get approval of BOWP?

I too have the same question. I just created a thread for that scenario