Apply Inland after IEC expire keep working and now AIP refuse

[screech339]

But if you have an LMO permit, you are not really "renewing" it when you apply for an open work permit, unless, as you say, they are the same kind of permit. You say they are essentially the same kind of permit, but with different conditions attached. Could the same not be said of the IEC permit? That it is also a regular work permit, but with certain conditions attached? In that case the word "renew" in 201(1) would be applicable to it as well in case an open work permit is applied for.

You can argue all day long about trying to put IEC permit under the same category as a regular work permit with LMO. IEC is in a separate catergory as PGWP. If IEC is extendable within Canada, then you have all the valid arguments to have IEC implied status. Until IEC is extendable within Canada, you can't argue about having IEC to have same privilge as a work permit for implied status.

Screech339

 

[oh101]

When my friend tried to explained to CIC is the same way as "Frege" said.

But she was turn down by the simple letter !!!!!!!

 

[oh101]

I'm an all worrying female trust me.. With everything!

Don't thinking too much.
Have a good sleep and maybe a nice road trip or something...

Thinking or worry too much is not good for your own emotional

 

[frege]

When my friend tried to explained to CIC is the same way as "Frege" said.

But she was turn down by the simple letter !!!!!!!

Could you quote the letter, please?

I'm not saying CIC doesn't interpret things this way. They apparently do, based on what you've said as well as others. However, I haven't found a clear explanation by them of their policy anywhere.

And even if they do interpret the regulations that way, that doesn't mean that they're correct legally.

 

[bankerguy]

This whole situation is horrible for your friend.

My girlfirend is from Japan... she is currently applying for PR through inland just like your friend. She is doing it as common law with me. We have been together 3 years.

She is currently on her Post Grad Work Permit (3 year total, 1 year remaining)

Anyways, she will ALSO apply for OWP when she sends in her PR application.

As far as I know.... people on post grad work permits DO qualify for implied status.

I never knew that if you are on working holiday visa, you CAN NOT get implied status

 

[screech339]

This whole situation is horrible for your friend.

My girlfirend is from Japan... she is currently applying for PR through inland just like your friend. She is doing it as common law with me. We have been together 3 years.

She is currently on her Post Grad Work Permit (3 year total, 1 year remaining)

Anyways, she will ALSO apply for OWP when she sends in her PR application.

As far as I know.... people on post grad work permits DO qualify for implied status.

I never knew that if you are on working holiday visa, you CAN NOT get implied status

Please provide link whereby PGWP will get implied status when inland sponsorship is in progress. I have had people in my timesheet being told by CIC that they cannot work past PGWP when expired under sponsorship. I hate to inform you that PGWP DO NOT get implied status. This is due to the fact that PGWP also cannot be extended. Once your PGWP get expired, despite submitting OWP with application, you cannot work after PGWP expires until OWP is granted.

 

[screech339]

RE: 'implied status'-working holiday visa to inland sponsership
The concept of "implied status" derives from the Rules, Section 183.

Here is a critical piece from Paragraph (5) of that Section:

Quote:If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
(a) the day on which a decision is made, if the application is refused; or
(b) the end of the new period authorized for their stay, if the application is allowed.

Thus, it is important to note that implied status does not apply if you do not have an application for an extension of the period authorized for your stay in process. This means you have to have applied for temporary status with your inland application.

There is other text in the rules in this section as well that control the interpretation of this section. The entire text may be found online: http://laws-lois.justice.gc.ca/eng/regul...index.html

My understanding is that in fact implied status does not apply in your case because your work permit's term is strictly fixed in time and thus you cannot apply to extend it, because the fixed termination is a condition of the work permit itself.

Here is more information on why IEC cannot get "implied status".

 

[screech339]

This whole situation is horrible for your friend.

My girlfirend is from Japan... she is currently applying for PR through inland just like your friend. She is doing it as common law with me. We have been together 3 years.

She is currently on her Post Grad Work Permit (3 year total, 1 year remaining)

Anyways, she will ALSO apply for OWP when she sends in her PR application.

As far as I know.... people on post grad work permits DO qualify for implied status.

I never knew that if you are on working holiday visa, you CAN NOT get implied status

Bankerguy,

I hope you now have an understanding on why your wife cannot work pass her PGWP under implied status since the visa is not extendable. She can stay in Canada under implied status but only work until visa expires. After that, she has to terminate her work and wait for OWP in order to work again.

Screech339

 

[Jamesdavid3]

I know many people in Canada who are still working on 'Implied Status' even though their IEC work Permit has expired. They submitted a OWP and in-Land PR application before their IEC expired which apparently granted them Implied Status.

 

[screech339]

I know many people in Canada who are still working on 'Implied Status' even though their IEC work Permit has expired. They submitted a OWP and in-Land PR application before their IEC expired which apparently granted them Implied Status.

It just means that they are illegally working past IEC expire date and didn't know it. Althought I find this reasoning unlikely as they know when their IEC expires. It's just a matter of knowingly working pass the IEC date and making a personal assumption without due diligence research that IEC has "implied status". They just didn't know they are in non-compliant until they get caught by CIC. They will get a nasty surprise and claim "they thought they had "implied status" with IEC excuse which won't work with CIC.

Screech339

 

[Rob_TO]

I know many people in Canada who are still working on 'Implied Status' even though their IEC work Permit has expired. They submitted a OWP and in-Land PR application before their IEC expired which apparently granted them Implied Status.

All that means is they weren't caught. Several people are caught (look at very first post here, and there have been several others), and the results are not fun for them.

Your own lawyer even confirmed this:

The call centre agent told me that as a result of my query, there will be a change in the wording of CIC's statement that holders of IEC open work permits do not benefit from implied status.

 

[Jamesdavid3]

Ok I want to know EXACTLY how the CIC can still know you are working??

Realistically they will have you're application in front of them and checking out all of you're details such as your sponsor, family detail etc. How will they know that you are working or not? Do they send a Personal Investigator after you to check you out? Do they look at you're bank statements to check for any Income money coming in?

I just dont get it, how did they even find out the OP was working?

 

[screech339]

Ok I want to know EXACTLY how the CIC can still know you are working??

Realistically they will have you're application in front of them and checking out all of you're details. How will they know that you are working or not? Do they send a Personal Investigator after you to check you out? Do they look at you're bank statements to check for any Income money coming in?

I just get it, how did they even find out the OP was working?

One way to get caught is by their employer reporting your income to the federal government. This is for those who thought they can continue working past IEC date under implied status.

I understand your point of view. You are p*ssed off that others are getting away with it while you obey the rules and suffer being unemployed. Just because others are doing it in ignorant, doesn't mean you can jump on the bandwagon and join them.

You got to look out for yourself. Never mind what other applicants are doing, working illegally pass their IEC dates. What they do won't affect what can happen to your PR application. If they get caught, they are in a world of trouble. You won't have any trouble with yours since you did nothing wrong and illegal. However if you choose to partake in illegal employment, that's your business. Just don't come on here crying about losing your PR and getting deported because you got caught. You have been warned many times of consequences of illegal employment.

Screech339

 

[keesio]

Ok I want to know EXACTLY how the CIC can still know you are working??

Realistically they will have you're application in front of them and checking out all of you're details such as your sponsor, family detail etc. How will they know that you are working or not? Do they send a Personal Investigator after you to check you out? Do they look at you're bank statements to check for any Income money coming in?

I just dont get it, how did they even find out the OP was working?

James - you are mostly correctly here. Unless they actually take the time to check someone out, it is quite possible for someone to "slip through the cracks" and get away with it.

But all it takes is one incident. There was one case where someone was working illegally in Canada. That person got into some nasty argument with a (former) friend who knew her situation and out of spite her ex-friend reported her to CIC. Basically you are taking a risk. Is it worth the risk to jeopardize your PR application over making a few bucks? I guess it depends on the person and situation.

 

[Jamesdavid3]

But for more people its more than a couple of bucks, its the fact of not working for around 10 months until you have you're OWP, that is just NOT possible for some people. Those 10 months on 1 income (you're GF/Wifes etc) is not realistic and I don't know how people manage.

So I can definitely see why people still continue to work.