Visitor Record case 10

[switchtofrank]

Hi there,

I applied for Permanent Residency in April 2012 Inland before my temporary residency status and work permit ran out(Working Holiday Visa). I also applied for an open work permit and extension of my temporary residency status together with my PR. I just received a visitor record case 10 that states that I'm not allowed to work unless authorized but as far as I know I am on implied status as I applied for the PR. The visitor record is valid for one year. What does this mean now? Will I receive the work permit soon as I my current job requires me to travel international and I can't really not travel for 19 month if the PR takes that long as my job requires me to. Does the visitor record mean they are working on my PR application. Sorry I'm confused and any help would be really appreciated...

Thank You
Frank

 

[Creampop]

I believe you are misunderstanding what implied status is... implied status is what happens when your visa is getting ready to expire and you apply for an extension but your exit date passes before receiving word of your extension, you are then on implied status. However since you now have received your visitors record you are no longer on implied status. You have visitor's status for the next year. So you can only visit, can't work or study ... yet, If I am not mistaking you can't get the open work permit until you receive an AIP.

 

[PMM]

Hi

Hi there,

I applied for Permanent Residency in April 2012 Inland before my temporary residency status and work permit ran out(Working Holiday Visa). I also applied for an open work permit and extension of my temporary residency status together with my PR. I just received a visitor record case 10 that states that I'm not allowed to work unless authorized but as far as I know I am on implied status as I applied for the PR. The visitor record is valid for one year. What does this mean now? Will I receive the work permit soon as I my current job requires me to travel international and I can't really not travel for 19 month if the PR takes that long as my job requires me to. Does the visitor record mean they are working on my PR application. Sorry I'm confused and any help would be really appreciated...

Thank You
Frank

1. You realize that you are working without authorization? The WHV isn't extendable, so there is no implied status. That is why you were issued a visitor record, which doesn't give you permission to work. You will not a receive your work permit until you reach Approval in Principal. About 11 months from the date of the Application.

 

[MissDominica]

Hi



1. You realize that you are working without authorization? The WHV isn't extendable, so there is no implied status. That is why you were issued a visitor record, which doesn't give you permission to work. You will not a receive your work permit until you reach Approval in Principal. About 11 months from the date of the Application.

Exactly. You are working in Canada illegally right now (whether you intended to or not) and the implied status does not apply to this situation at all. You can no longer work in Canada. It would be in your best interest to stop, if you are doing so, or you may be deported.

 

[scylla]

As others have said - you are currently working illegally and need to stop immediately. WHV cannot be extended.

I'm sure this won't make you feel any better, but for whatever it's worth, you're not the first to misunderstand implied status.

 

[Creampop]

ok... so what class did you file your PR under? Since you are posting here I believe we are thinking Fam class. and if you did an in-land Fam class app then you won't be able to get the open work permit until you get 1st stage approval approx. 11 months from submission. you were sent a visitor's record because you must retain legal status in Canada while you await your application.

 

[scylla]

Unfortunately it doesn't work that way. If you wanted to keep working your current employer would have needed to obtain an approved LMO and then you would have had to have applied for a closed work permit before your WHV expired. THIS would have given you implied status until you were either approved or refused for the closed work permit. Right now your status is Canada is that of a visitor only - you're not legally permitted to work.

 

[scylla]

I think (hope) you should be OK. But definitely stop working now to avoid increasing the risk to your status and application. If you're asked to leave Canada, this will effectively cancel your inland application. Obviously you want to avoid that. And no - you were never on implied status when it comes to your work permit. You've been working illegally since your work permit expired.

If you want to work before you reach the 11 month mark, then your employer will have to provide you with a job offer and an approved LMO (labour market opinion). As part of the LMO process, your employer will have to demonstrate that they advertised the job and were unable to find a Canadian to hire for the role. The job will need to be posted on prominent job sites and be up for at least two weeks. More information on LMOs is here (again, it's your employer who must apply - not yoiu). Keep in mind that they often take a few months to process and there's unfortunatley no guarantee of approval:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Once you have the approved LMO, you can go to the nearest land border to obtain a closed work permit (closed work permit = tied to that specific employer).

 

[AnaMaria]

And don't leave Canada until your receive your PR! Even if you receive work permit through your current employer, I think you should not leave Canada until your PR process is done.