Work Permit Application

[ciaratraditional]

Hi.
Can someone tell me are you allowed to continue working in Canada if your work permit application is in process with the CIC? My working permit from my own country is due to expire in 2 months and I don't believe I will have the new work permit from the CIC in time? Here's hoping for some good news in this question. Please if anyone can tell me.

 

[computergeek]

Hi.
Can someone tell me are you allowed to continue working in Canada if your work permit application is in process with the CIC? My working permit from my own country is due to expire in 2 months and I don't believe I will have the new work permit from the CIC in time? Here's hoping for some good news in this question. Please if anyone can tell me.

Yes. This is known as "implied status" and is covered by Section 186(u) of the IRPR (regulations)

186. A foreign national may work in Canada without a work permit
...
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

Thus, you have the right to continue working until you receive an answer on your renewal application.

 

[Layman]

Thanx so much computergeek!

The information you provided was very useful! Are they many other important immigration-related acts or laws?

 

[computergeek]

Thanx so much computergeek!

The information you provided was very useful! Are they many other important immigration-related acts or laws?

The law itself (IRPA) and and the regulations (IRPR) as well as the operational manuals that CIC publishes for its officers to use, as well as the case law: IRB and IAD decisions, as well as legal decisions from the courts (Federal Court of Canada, Federal Court of Appeals, Supreme Court of Canada).

 

[Layman]

The law itself (IRPA) and and the regulations (IRPR) as well as the operational manuals that CIC publishes for its officers to use, as well as the case law: IRB and IAD decisions, as well as legal decisions from the courts (Federal Court of Canada, Federal Court of Appeals, Supreme Court of Canada).

Thanx once again computergeek. Your generous and gratuitous advice and comments provide all of us with great information. God bless.

How about provincial legislation or regulations? Do they exist in the area of immigration related issues? If so, do they complement, collide or override federal legislation and regulations?

 

[computergeek]

How about provincial legislation or regulations? Do they exist in the area of immigration related issues? If so, do they complement, collide or override federal legislation and regulations?

Immigration is the sole jurisdiction of the Federal Government in Canada. Of course, there are areas of overlap and in many cases there are agreements between the individual provinces and the CIC with respect to those areas.

In my own legal challenge to medical inadmissibility, we submitted the argument that the "excessive demand" clause violated the separation of powers - because provinces have sole jurisdiction over health care matters - and thus that specific clause of IRPA is invalid (ultra vires). The Court never had an opportunity to rule on that claim, but the case law behind the reasoning is quite strong. My obvious follow-on was that if it was a matter of Provincial jurisdiction, then the decisions would be bound by Provincial law, including anti-discrimination law (which is typically stronger than Federal anti-discrimination law).

So the answer to your quest is "immigration itself is the sole jurisdiction of the Federal Government, but it may abut concerns that are provincial in nature."

 

[Layman]

The Court never had an opportunity to rule on that claim, but the case law behind the reasoning is quite strong.

So the answer to your quest is "immigration itself is the sole jurisdiction of the Federal Government, but it may abut concerns that are provincial in nature."

Thank you once again for your once again generous and informative contribution to this topic. This saves me a good deal of time since I know I don´t have to invest time searching for immigration laws and regulation that are province-specific.

Just out of curiosity, why did the court never have an opportunity to rule on that claim??

 

[computergeek]

Thank you once again for your once again generous and informative contribution to this topic. This saves me a good deal of time since I know I don´t have to invest time searching for immigration laws and regulation that are province-specific.

Just out of curiosity, why did the court never have an opportunity to rule on that claim??

I withdrew my JR application three weeks before the hearing when I agreed to withdraw it on the approval of my second application.

 

[ciaratraditional]

Thanks for your help, really appreciated

 

[sheraz.liaqat78]

Hi, I live in UAE at work permit status (I am Pakistani National )I have 9 year experience in Dubai, UAE Looking suitable placement in Canada with work permit visa Please contact at My email sheraz.liaqat78@gmail.com