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Changing employment on implied status?

kweirley

Member
Sep 27, 2010
10
0
Here's the situation:

We sent in a PR applicaation (spousal sponsorship) for my hsuband in early September, along with an application to extend his existing work permit.

Given that the existing prmit was an open permit, would implied status (once his current permit expires in a few weeks) still allow him to take on employment with new employers (as per the conditions of his current permit) or will he somehow be tied down to whomever he is working for until the extension is processed? I can't find a clear answer in the CIC site - I feel like the wording could be interpreted in different ways. Has anyone been through this before?

(of course, it's not the worst thing int he world if he needs to forgo his job search for a few months until his extenison comes through, but it would be nice if he didn't get stuck in his current position.)

Thanks!
 

matthewc

Hero Member
Jan 18, 2010
592
47
Grimsby, ON
Category........
Visa Office......
Inland (CPC-Vegreville)
Job Offer........
Pre-Assessed..
App. Filed.......
27.09.2006
AOR Received.
05.12.2006
VISA ISSUED...
11.02.2008
LANDED..........
31.03.2008
It's a bit of a gray area. Implied status as a worker is regulated by R186(u)

http://laws.justice.gc.ca/eng/SOR-2002-227/page-5.html#codese:186

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.


R201(1) says this:

http://laws.justice.gc.ca/eng/SOR-2002-227/page-5.html#codese:201

Application for renewal
201. (1) A foreign national may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.

Renewal
(2) An officer shall renew the foreign national's work permit if, following an examination, it is established that the foreign national continues to meet the requirements of subsection 200(1).


Implied status as a worker is usually where someone on a restricted work permit gets a new LMO and applies to extend their work permit. In that case, they have the LMO and proof they've applied, and they're working for the same employer who knows the situation. In that case, the employer knows they're still eligible to work.

Now, the application for the work permit you submitted with the PR application will be approved once approval in principle is reached, as it meets the requirements of R200(1) which is all standard work permit stuff. However, the ambiguity comes from whether or not that WP application really counts as a renewal, or whether it's actually an application for a new work permit. That really isn't clear in the regulations. If it does count as a renewal - as I suspect it does - then the regulations give him implied status as a worker, under the conditions of the existing (open) work permit. If it does not count as a renewal, then most likely his implied status is as a visitor, not a worker.

Implied status as a visitor is specifically addressed in the relevant processing manual, IP6. Implied status as a worker is not.

http://www.cic.gc.ca/english/resources/manuals/ip/ip06-eng.pdf

5.6. Inland applications for permanent residence

In situations where an applicant who has visitor status submits an application for permanent
residence to Vegreville and at the same time submits an application for a work permit (pursuant to
R207(b)), the visitor may be considered to have requested an extension of their TR status (in
accordance with R183(5)). They are considered to have implied status as a visitor, until a
decision is made on their WP application.

When no application for a work or study permit is received with the application for permanent
residence, the applicant is obliged to apply to extend their visitor status.


However, in practice, since his temporary SIN card will expire the same time his work permit does, even assuming it does count as a renewal, and his implied status is as a worker, he will have nothing to prove he's actually entitled to work. So, while my understanding is that he can continue to work legally, it will be difficult to get work with a new employer. If the employer is accommodating, it's possible, but employers are instructed to not employ people without a valid SIN.

To answer your specific question about employers, though - if he's still able to work at all, it's for any employer.

Personally in that situation I'd carry on working, as there's a good argument to be made that implied status is as a worker, and under the conditions of the existing work permit. I'd be very surprised if that ended up causing problems, and even if it did, the inland spousal public policy means the PR app would still go through even if they were to decide he'd worked illegally.

One other thing is important to note, and that's that if he leaves Canada and re-enters, he definitely no longer has implied status as a worker. That's specifically addressed by OP11 section 24:

http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf
 

angelbrat

Hero Member
Oct 31, 2009
857
76
With the new rules regarding having a LMO before a work extension can be processed apply here?

As before, when a work visa expired, you could send in an extension before receiving the LMO, and continue working under the same visa rules as 'implied status'. This no longer applies, as you need to send in the positive LMO with the work visa extension.

But, I cannot seem to clarify if this also applies to the OWP application, sent in with an Inland spousal application. And neither can CIC... :D

I was curious, so contacted the CIC line, they could not answer the question but the lady I spoke to said she believed that 'implied status' no longer existed for ANY category of work visa.

But as most of us know on this forum, one CIC worker can say something, the next another, so I am still confused.

Does any one here know for sure, that spousal OWP's will still have that 'implied status'?
 

kiwikris

Hero Member
Oct 23, 2010
306
5
Ottawa, On
Category........
Visa Office......
Vegreville and Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
18-01-2010
AOR Received.
25-10-10
Med's Done....
18-09-2009
LANDED..........
08 Sep 2011
Hi,

I had a work permit that expired in Sep 2010 and we sent in OWP and PR Inland application in Jan 2010. I have only just received my OWP and PR letter on Monday 25th Oct this week. I was able to keep working and I was advised that the receipt that I had from mailing in my PR application would be my "golden ticket" as proof that I had applied if any issues arised. I stayed in the same job as I didn't think I could change jobs, the other thing about your visa expiring is that your health card does as well (at least in Ontario) and you won't be able to renew until you receive your OWP so I had a month of no coverage even though I was still paying taxes and working. We tried and appealed with Service Ontario to be coevered but they refused and said they would need the letter or OWP for me to be covered. We wrote a letter to the general manager and were advised the appeal process could take up to 12 weeks! So we did anyway as we were not sure what was happening with CIC, luckily mine arrived. I had a 3 month wait the very first time I applied for OHIP and when I went in this week with my new OWP I had coverage straight away. I would also advise not to leave the country as you are not guaranteed to get back in and if you leave while on implied status and come back then you re classed as a visitor and it would be illegal for you to work.

Hope this helps ;D
 

angelbrat

Hero Member
Oct 31, 2009
857
76
Thanks for the info kiwikriss....and I know I am not the OP....LOL

But, you applied last January and the rules for implied status and work visa's changed in September, so I am still curious does this new rule effect those waiting for the OWP?

Another thread on this forum said that having called CIC, they were told, that as long as the same conditions applied, they would be on implied status during the PR application. Total opposite to what I was told by CIC. That figures!!!

So I am very interested to see how this is going to actually work, and which CIC officer was right.. :D
 

matthewc

Hero Member
Jan 18, 2010
592
47
Grimsby, ON
Category........
Visa Office......
Inland (CPC-Vegreville)
Job Offer........
Pre-Assessed..
App. Filed.......
27.09.2006
AOR Received.
05.12.2006
VISA ISSUED...
11.02.2008
LANDED..........
31.03.2008
There is no LMO requirement for the OWP so that change in processing doesn't apply. An inland PR + OWP was never considered concurrent processing.