BOWP approved after IEC expired?

[MapleTraveller]

Hi Guys,

My IEC visa is about to expire and I am planning to apply for CEC. I also want to apply for BOWP. I know that there is no Impaled Status after IEC visa expires. If I get my AOR and apply for BOWP shortly before my IEC visa expires can I apply at the same time to extend the stay as the visitor?

What happens if my IEC visa expires and I wont be working anymore (just staying as visitor) and then after few weeks I get letter back with approved BOWP? Would then the BOWP be valid or not anymore (since I already stopped working and now I am on visitor status)?

Thanks for help.

 

[LPS]

Apply for the BOWP when your AOR comes, or if your IEC is about to expire and it still hasn't arrived, apply then. If you apply before your IEC expires you will get implied status as a worker. I know because I did exactly this.

It is a common misconception that there can never be implied status after an IEC. This is based on advice from CIC that has been taken out of context. That is, that you don't get implied status if you applied to extend an IEC (since IECs are not extendable, and there is a principle that you don't get implied status by making an application that has no legitimate grounds).

 

[TheAwesomeMatt]

No, IEC participants don't benefit from implied status allowing them to work. If your BOWP isn't approved before your IEC expires then you have to stop working.

You don't need to apply to extend your stay as a visitor, you'll be on implied status as a visitor between your IEC expiration and BOWP approval.

 

[LPS]

Sigh.

If you really want to stop working during your implied status go ahead, just remember to stay in Canada until you get the new permit.

 

[TheAwesomeMatt]

It's not really a 'sigh' situation, IEC work permits are not extendable unless you're extending it based on your LOI (so if you were only given 6 months due to a passport expiring or something).

As IEC work permits are not extendable then you don't benefit from Implied status for working.

I'm a previous IEC participant, I researched the rules and I'm confident that I'm right, unless you have a concrete rebuttal then I wouldn't advise IEC participants that they can work during implied status as this could potentially negatively affect their PR applications.

 

[LPS]

I certainly don't mean to be dismissive, but I felt I had already explained my point.

No one is arguing about whether IECs can be extended, but applying for a BOWP does not amount to an extension. Rather, it's an application for a new permit.

Those who say "IEC holders don't get implied status ever" are usually citing one particular email from CIC that deals specifically with extending work permits.

Those on the other side are often assured by their lawyer or a CIC call centre person that it is fine (however fallible those people may be).

In any case, if the OP wants to err on the side of caution and has no particular need to work during that time (as I did) then even I would encourage them to do that.

 

[YorkWin]

I certainly don't mean to be dismissive, but I felt I had already explained my point.

No one is arguing about whether IECs can be extended, but applying for a BOWP does not amount to an extension. Rather, it's an application for a new permit.

Those who say "IEC holders don't get implied status ever" are usually citing one particular email from CIC that deals specifically with extending work permits.

Those on the other side are often assured by their lawyer or a CIC call centre person that it is fine (however fallible those people may be).

In any case, if the OP wants to err on the side of caution and has no particular need to work during that time (as I did) then even I would encourage them to do that.

I just called CIC and the corroborated this.

You are applying for an BOWP, NOT another IEC permit.
I had assumed implied status was extending your current permit forward (as IEC is non-extendable that would be impossible)

BUT it appears that it's actually extending your BOWP backwards in time (so to speak) - implied status is NOT an extension of an IEC...it's a kind of pre-extension of your BOWP

 

[jes_ON]

I just called CIC and the corroborated this.

You are applying for an BOWP, NOT another IEC permit.
I had assumed implied status was extending your current permit forward (as IEC is non-extendable that would be impossible)

BUT it appears that it's actually extending your BOWP backwards in time (so to speak) - implied status is NOT an extension of an IEC...it's a kind of pre-extension of your BOWP

Implied status is indeed an extension forward of your current status. If your current permit is a closed permit, you cannot change employers while waiting for the BOWP, you have to wait until you receive the BOWP to have "open" status.

However, IRCC recently removed the language from its website that specified that IEC permit holders did not benefit from implied status. They have not issued any bulletins or program updates on this matter, so it is unclear whether there has been an actual change in policy, or reinterpretation.

In practice, many people did not know that IEC permits did not benefit from implied status, and continued to work without penalty. With the current state of vagueness, there are no guarantees ...

 

[YorkWin]

Implied status is indeed an extension forward of your current status. If your current permit is a closed permit, you cannot change employers while waiting for the BOWP, you have to wait until you receive the BOWP to have "open" status.

However, IRCC recently removed the language from its website that specified that IEC permit holders did not benefit from implied status. They have not issued any bulletins or program updates on this matter, so it is unclear whether there has been an actual change in policy, or reinterpretation.

In practice, many people did not know that IEC permits did not benefit from implied status, and continued to work without penalty. With the current state of vagueness, there are no guarantees ...

Thank you Jes - I really appreciate the clarification.

I called CIC twice and got the same message that yes you have implied status...

BUT the IEC twitter said:

1/2 An IEC participant can legally work in Canada only until the end date on their work permit. IEC participants cannot have implied status.
2/2 If they have the option of apply for a different work permit, they may remain in Canada only if they apply to change their status to a visitor, but they cannot continue to work with an expired IEC work permit.

It really is the vaguest thing...