Apply Inland after IEC expire keep working and now AIP refuse

[zardoz]

I think that this subject has been beaten to death. There are two opposing views which are not going to be reconciled here.
I suggest we all wait for a legal ruling from somewhere that has the authority to make it or relay it.
Just hope that the "implied status" proponents don't come to regret their choices.

 

[Line.a]

Yes, based on experiences described by a bunch of people on the forum, it seems CIC has been applying the rules in a way that, in my opinion at least, runs contrary to the language of the Regulations.

I think the question is, is there inconsistency within CIC itself on this matter, and what would happen in the event of a legal challenge?

I'm fully aware that we are not supposed to work after it runs out unless (certain countries are entitled to this) are applying for a young professionals visa and go that direction. I'm from Denmark and therefore not eligible for that. So I stopped working a couple days prior to my IEC running out. My main concern was (still kind of is) that since I didn't manage to send off our PR and OWP to Vegreville and me extending my stay and only get until August 9th is almost baffling me. I should have been given way more time. But I guess it doesn't matter since you all are saying that since I got a pending OWP it's fine - even if I was on an IEC visa beforehand? that's what's confusing me.

 

[oh101]

I'm fully aware that we are not supposed to work after it runs out unless (certain countries are entitled to this) are applying for a young professionals visa and go that direction. I'm from Denmark and therefore not eligible for that. So I stopped working a couple days prior to my IEC running out. My main concern was (still kind of is) that since I didn't manage to send off our PR and OWP to Vegreville and me extending my stay and only get until August 9th is almost baffling me. I should have been given way more time. But I guess it doesn't matter since you all are saying that since I got a pending OWP it's fine - even if I was on an IEC visa beforehand? that's what's confusing me.

As long as you sent off a PR inland with OWP befpre August 9th. You will be on Implied status until you get a OWP after AIP.

It's doesn't matter about IEC work permit because now you are on visitor status and nothing to do with IEC work permit anymore.

I hope this help

 

[Line.a]

No it's the visitor record which I applied for the very day before my IEC visa running out that was valid until August 9th. CIC makes me wanna go have a fit some certain days..

 

[oh101]

And for someone that really confident that they can work after IEC work permit expire while wait for AIP from Inland PR.

You are taking your own risk. You may get AIP approve or you may encounter the same problem that my friend have right now.

When you transfer without AIP you Inland PR application will drag to at least additional 2-3 year without OWP.
or you may withdrawn your PR Inland app and waste a application fee and have to pay it again for outland.

If you willing to take this risk it's fine. The end of the day is your choice.
It's really depend on who do you get to review your application.

and My friend now decide to withdrawn the application and reapply at London.
Wasting 1 year for notthing

 

[frege]

I think that this subject has been beaten to death. There are two opposing views which are not going to be reconciled here.
I suggest we all wait for a legal ruling from somewhere that has the authority to make it or relay it.
Just hope that the "implied status" proponents don't come to regret their choices.

I don't think you can only have two views on the matter. Clearly, there are both legal questions and practical questions involved.

I think if we take what's been reported by all sides in this matter at face value, we can only arrive at the following conclusions:

- CIC has not put out any clear language spelling out the rules for people in this situation. For some people, this has had serious consequences.
- CIC itself is inconsistent in its interpretation of the regulations.
- Nothing has come to light, at least in this thread, that would indicate definitively what would happen if a decision by CIC against someone was challenged.

Personally, I can't blame James for taking the advice of his lawyer above the advice he has gotten on an internet forum. This is what people normally do. I also don't think there's any reason for him not to share his information with people here, because any light that can be shed on the issue is useful. I welcome his input.

To summarize the issue for people in this situation, I would say:

- there is a lot of confusion and disagreement surrounding the issue.
- the majority opinion on the forum is that IEC pemit holders can't get implied status
- others report having received contrary advice from their lawyers
- some people have reported being told by CIC that they were in non-compliance for continuing to work
- it's not clear to me whether CIC has a legal basis for acting in this way.
- there don't appear to have been any legal challenges that we know of.

 

[oh101]

No it's the visitor record which I applied for the very day before my IEC visa running out that was valid until August 9th. CIC makes me wanna go have a fit some certain days..

Can I ask how many day remaining on IEC permit before you apply for visitor permit?
I was apply 1 day before IEC expired because I can't decide for myself whether I want to stay in Canada or go back. :-[

 

[frege]

and My friend now decide to withdrawn the application and reapply at London.
Wasting 1 year for notthing

I'd suggest she talk to a lawyer first.

First, to sort out if CIC's decision is likely to be correct, and what can be done if it isn't.

Second, to determine what action, if any, she may be subject to for non-compliance.

Third, to find out if it's necessary for her to leave Canada before applying outland (a word of explanation - my understanding is that inadmissibility for non-compliance continues until a person leaves the country).

 

[oh101]

I'd suggest she talk to a lawyer first.

First, to sort out if CIC's decision is likely to be correct, and what can be done if it isn't.

Second, to determine what action, if any, she may be subject to for non-compliance.

Third, to find out if it's necessary for her to leave Canada before applying outland (a word of explanation - my understanding is that inadmissibility for non-compliance continues until a person leaves the country).

Will do

Thanks a lot for advised.

 

[Line.a]

Can I ask how many day remaining on IEC permit before you apply for visitor permit?
I was apply 1 day before IEC expired because I can't decide for myself whether I want to stay in Canada or go back. :-[

I extended my stay online and got an email verification the very day before my IEC visa ran out. Vegreville received the OWP and PR application on February 15th 2013. The visitor record I got from extending my stay was only valid until August 9th 2013. I haven't extended nor restored it since then since I'm assuming I'm in implied status. I just want to know if that's right, because we have little to no money to waste so we'd rather not spend $200 to restore it if its unnecessary. But I don't wanna be doing the wrong thing in case I actually do need to restore it? So confusing.

 

[frege]

I'm fully aware that we are not supposed to work after it runs out unless (certain countries are entitled to this) are applying for a young professionals visa and go that direction. I'm from Denmark and therefore not eligible for that. So I stopped working a couple days prior to my IEC running out. My main concern was (still kind of is) that since I didn't manage to send off our PR and OWP to Vegreville and me extending my stay and only get until August 9th is almost baffling me. I should have been given way more time. But I guess it doesn't matter since you all are saying that since I got a pending OWP it's fine - even if I was on an IEC visa beforehand? that's what's confusing me.

You can extend your visitor status without a problem, even if you were here on an IEC visa.

Since you had visitor status when you applied for the OWP, you have implied visitor status.

This entire debate is only about implied worker status.

 

[oh101]

I extended my stay online and got an email verification the very day before my IEC visa ran out. Vegreville received the OWP and PR application on February 15th 2013. The visitor record I got from extending my stay was only valid until August 9th 2013. I haven't extended nor restored it since then since I'm assuming I'm in implied status. I just want to know if that's right, because we have little to no money to waste so we'd rather not spend $200 to restore it if its unnecessary. But I don't wanna be doing the wrong thing in case I actually do need to restore it? So confusing.

I can confirmed this
You will not need to do anything either restore or renewal your status.
You are good to go since you applied the Inland PR while you are on visitor permit and when your visitor permit expired just let it go. You do not need to do anything with it. No renewal no restore status.

You just need to keep a tracking number record that you sent the Inland application in.
That is will be a proof of Implied status when you have a trouble with police or CBSA.

So No worry about it.!!

And this topic we are debate about the Worker Implied status which is not applied to you.

 

[Line.a]

Thank you so much guys

 

[screech339]

I think that this subject has been beaten to death. There are two opposing views which are not going to be reconciled here.
I suggest we all wait for a legal ruling from somewhere that has the authority to make it or relay it.
Just hope that the "implied status" proponents don't come to regret their choices.

I agree with you zardoz. This discussion is beating a dead horse. Like you said, I just hope those who believed that they can continue to work after IEC or PGWP expires, won't regret this decision. I am not supporting their actions. If they managed to get away with it, lucky for them. If not, it may haunt them down the road. In any case, those that do get caught and gotten into a huge mess with CIC over it, don't come on here crying about how unfair CIC was to you and that you thought you were entitled to work after permit expires under the diguise of "implied status". I will quote a couple of famous lines. "Ignorant of the law is no excuse". "You reap what you sow".

 

[frege]

"Ignorant of the law is no excuse".

This assumes that the law is at least publicly available. If it's impossible to find out from a reliable source (other than an internet forum) what the rules actually are, then that changes things.