Apply Inland after IEC expire keep working and now AIP refuse

[keesio]

And one more thing about CIC called centre in Canada.
I just discovered.

They doesn't know much about IEC.
The reason is
IEC is under agreement of Department of Foreign Affairs, Trade and Development Canada. They are the one who made a rules and process your application (LOI : Letter of introduction)

CIC job is only screening that you are admissible to Canada.
That while they have 2 stage processing by 2 different agency

Most of CIC call centre they don't have much detail about IEC work petmit and most of them are thought IEC work permit is same as OWP but only thing different is not extendable.

But If you call to Department of Foreign Affairs office whom issued your LOI. They will tell you that this is not extendable. When it expired change to visitor or go home.

The people at the call centre are good people (I have called them a few times and have found them friendly). But outside of any basic information and very straight forward questions, they can't help you much. When I push them for info, they apologetically say they aren't sure and it is up to the case officer. Understand that they are front-line basic support. They are there to answer the basic questions (where do I get the application form? did CIC receive my application? etc). This is the case for any large organization. The case officer is at the other end. That is why you don't have direct access to him/her. They limit his/her exposure so he can do his/her job without bother. He/she are the "experts".

 

[CANUSA31]

James...trust me we all want to work up here, but you have yet to find anyone to agree with you on this. Give it up and quit working just like the rest of us.

Your only hurting future people that might come on here, read one quote from you and assume it's ok to work here.

 

[frege]

I would personally question my lawyer's competence if his way of answering questions about my status or eligibility to work is to simply dial the call centre. I've called several times, and it seems each representative has a different answer on the same issues. The call centre, in my mind/experience, is NOT a consistently dependable source for reliable information.

There's a certain level of protection in having the interaction with CIC be through your lawyer. Lawyers are generally presumed to be telling the truth when they say they did certain things. So if the lawyer says CIC says this to him, at a minimum it means that - even assuming the CIC call centre was wrong - Jamesdavid will have been non-compliant but at the same time completely in good faith. He will have proof of this fact since it is the lawyer who received this information from CIC, not him.

 

[PMM]

Hi

There's a certain level of protection in having the interaction with CIC be through your lawyer. Lawyers are generally presumed to be telling the truth when they say they did certain things. So if the lawyer says CIC says this to him, at a minimum it means that - even assuming the CIC call centre was wrong - Jamesdavid will have been non-compliant but at the same time completely in good faith. He will have proof of this fact since it is the lawyer who received this information from CIC, not him.

Good faith doesn't work with CIC, you are either in compliance or you're not.

 

[Line.a]

When you say IEC visas do not benefit from implied status that we'd have to extend our stay when it runs out. I did extend it, they received the extension the day before the IEC ran out. A month or so later I received the visitor record by mail which was only valid until August 9th this year. Since its late August and we didn't extend it furthermore I'm assuming that because we requested and paid for an OWP along with our PR app we should be fine and in no need to restore my status?

 

[frege]

Hi


Good faith doesn't work with CIC, you are either in compliance or you're not.

I think courts may see it differently in some cases, if the erroneous information was provided by CIC itself. If CIC doesn't know its own rules, how can they expect other people to?

So if a person was denied an inland application for this reason, a court reviewing the decision would likely see the transgression as less serious because the person had been attempting to comply with the law.

This isn't an ironclad guarantee, but there are a lot of grey areas where an evaluation has to be made of how serious a case of non-compliance is. Deliberate non-compliance is worse.

 

[frege]

When you say IEC visas do not benefit from implied status that we'd have to extend our stay when it runs out. I did extend it, they received the extension the day before the IEC ran out. A month or so later I received the visitor record by mail which was only valid until August 9th this year. Since its late August and we didn't extend it furthermore I'm assuming that because we requested and paid for an OWP along with our PR app we should be fine and in no need to restore my status?

If you apply for inland PR with an OWP application before an IEC work permit expires, then you have implied status as a visitor, though not, according to the majority opinion here, as a worker.

The same applies if you apply for PR with an OWP application before your visitor status expires. You have implied status as a visitor.

 

[Line.a]

If you apply for inland PR with an OWP application before an IEC work permit expires, then you have implied status as a visitor, though not, according to the majority opinion here, as a worker.

The same applies if you apply for PR with an OWP application before your visitor status expires. You have implied status as a visitor.

Ok so just to make it a 100% sure:

IEC ran out before Vegreville received the package of OWP and PR
Did extend my stay as a visitor before and received a confirmation the night before IEC ran out
Got the visitor record by mail which was only valid until August 9th this year.
We haven't done anything since then.

 

[frege]

Ok so just to make it a 100% sure:

IEC ran out before Vegreville received the package of OWP and PR
Did extend my stay as a visitor before and received a confirmation the night before IEC ran out
Got the visitor record by mail which was only valid until August 9th this year.
We haven't done anything since then.

Your PR and OWP application were received before August 9, right? In that case you're fine.

 

[HoneyEllis]

I find this whole situation really interesting.

I was on a working holiday visa and prior to it expiring my employer submitted an application for a LMO to sponsor me for a work permit. During the interim - when the LMO was being undertaken - I got implied status. I still have the letter (I have to figure out how to scan it and upload it). So it seems that CIC is confused on whether you get implied status or not, but I sure did (worked, paid tax, contributed to CPP/EI etc) - so I find all this really interesting.

 

[oh101]

I find this whole situation really interesting.

I was on a working holiday visa and prior to it expiring my employer submitted an application for a LMO to sponsor me for a work permit. During the interim - when the LMO was being undertaken - I got implied status. I still have the letter (I have to figure out how to scan it and upload it). So it seems that CIC is confused on whether you get implied status or not, but I sure did (worked, paid tax, contributed to CPP/EI etc) - so I find all this really interesting.

When it is happen?
With in this few year? or is it long time ago?

 

[HoneyEllis]

When it is happen?
With in this few year? or is it long time ago?

November 2010 was when I went onto implied status

 

[Line.a]

Your PR and OWP application were received before August 9, right? In that case you're fine.

No they received the OWP and PR back on February 15th 2013 I think or something close to that date. My IEC visa ran out in February 11th 2013. I extended my stay on February the 10th 2013 which was valid until August 9th.

 

[frege]

No they received the OWP and PR back on February 15th 2013 I think or something close to that date. My IEC visa ran out in February 11th 2013. I extended my stay on February the 10th 2013 which was valid until August 9th.

Yes, that's roughly what I'd understood. You're fine that way.

 

[screech339]

I don't understand this, I know people who are still working when their IEC expired and they already applied for the OWP and the In-Land PR and they are having no issues...

So 1 year Letter she received a letter from the CIC stating she had been working illegally. How would the CIC even know she would be still working??

Even so if its 1 year later she would have already passed the 6 month 1st stage so she should have gotten her Work Permit already so she would have been allowed to work regardless...

This doesn't make sense if she applied for a OWP and Inland PR in September, she should have already passed the 1st stage and received her OWP...

Notes from my Lawyer.
"More important, even if you don't get the open work permit before the expiry of your current IEC visa, you would be able to continue to work legally. There is a provision of the Immigration and Refugee Protection Act that says explicitly that anyone who has applied for a new work permit before the expiry of their current work permit is allowed to continue working until a decision has been made about their application for a new work permit. This is called "implied status." Because you had submitted an open work permit application with your sponsorship application, you would have implied status as a worker after the expiry of your current IEC visa."

All your lawyer did was proved the flaw in the current rules for IEC regarding "implied status" for IEC. So until CIC actually update the handbook, change the rules to fix the flaw, you cannot work pass IEC visa.

A lawyer can prove a flaw in the inland sponsorship by providing hundred of evidence of economic hardship this is occuring to those waiting for AIP in order to get OWP. The system is flawed and worth revising the rules to ease this problem. But it doesn't give everyone an excuse to work illegally before getting OWP until the rules are changes. You have to wait until the rules are changed. Until then, you have to sit pretty and wait your turn for OWP like everyone else.

So unless your lawyer is willing to take the task of taking CIC to court to get them to change the wording of the rules of IEC "implied status". Don't think your lawyer will want to do this taking them to court would can take years to change for you to wait a few months to get AIP to get OWP.

Screech339