Confused about implied status and working.

[jalilatequila]

Hi everyone!

I am from Toronto and my common law partner is from Auckland, New Zealand. We submitted our application in May with his work permit extension. When I spoke earlier in the year to immigration they gave me the impression he could remain working because he was under an implied status. His original work visa (IEC) has now expired but he has continued working with his employer. Now - I was watching Border Security and I saw a guy get charged for working after his extension was submitted. So now we are really scared. He can stop working immediately - if it wasn't for never being able to actually communicate with immigration I feel like we wouldn't have these uncertainties.

ANY HELP is very appreciated. Thank you and good luck to you all!

 

[scylla]

The IEC visa cannot be extended. He needs to stop working as right now he's working illegally.

You may want to read the following thread which gives a first hand experience of someone who was caught:

http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

 

[jalilatequila]

But on there it says mixed reviews - some people say that it is implied and some not. So CIC Call centre misinformed me? Why is there no humans to talk to so this doesn't happen. I feel like immigration just waits for people to screw up.. He can stop working - but lets be honest he is going to keep working. Kind of crazy that they would rather have people working illegally and NOT paying taxes than working legally and PAYING taxes.. Its not like he is living off our government like a lot of immigrants. Thanks for the help!

 

[nervousme]

HE can apply for an open work permit if you sent in your application and you have been approved to be the sponsor. Than things will be all ok

 

[jalilatequila]

We applied for the OWP with the same inland PR Sponsorship application - The CIC told me he could keep working - so he did. It has been 6 months now and I am worried that he is going to get denied because of it. Should he stop working immediately? If he gets denied because of this and leaves the country and we re apply from out of the country will our application still be looked at? Thanks!

 

[little_apple]

HE can apply for an open work permit if you sent in your application and you have been approved to be the sponsor. Than things will be all ok

"You are able to continue working under the same conditions as your original counter foil document under implied status".

BUT IEC is NOT the same condition. It is a special visa, not a regular work permit.

So he has to stop working even if he applies for an OWP. He is working illegally right now

 

[jalilatequila]

OK - so say he STOPS working today. Will we still get in trouble? He has been working for the past 6 months and paying his taxes (ie with his SIN card)... are we going to come into issues?

 

[Alurra71]

OK - so say he STOPS working today. Will we still get in trouble? He has been working for the past 6 months and paying his taxes (ie with his SIN card)... are we going to come into issues?

He could, but if he stops working now, those odds decrease dramatically. All you can do is stop working and see what happens from there!

 

[little_apple]

We applied for the OWP with the same inland PR Sponsorship application - The CIC told me he could keep working - so he did. It has been 6 months now and I am worried that he is going to get denied because of it. Should he stop working immediately? If he gets denied because of this and leaves the country and we re apply from out of the country will our application still be looked at? Thanks!

When you call CIC everybody tells you something else. Most of them don't know what IEC visa are because they are special agreements between Canada and foreign countries. There is no implied status after an IEC visa. He could be denied for his OWP or even for his PR.

 

[jalilatequila]

He would have stopped working when we submitted our application months ago except that CIC told us that he could KEEP working on his IEC... its not that we want to do anything illegal its just that we were misinformed by CIC Call Centre.

 

[jalilatequila]

When you call CIC everybody tells you something else. Most of them don't know what IEC visa are because they are special agreements between Canada and foreign countries. There is no implied status after an IEC visa. He could be denied for his OWP or even for his PR.

REALLY? so are we royally screwed now? What can we do besides for him to just STOP working immediately to better his chances of still getting his PR. If we cancelled this one - he flew home to NZ and we applied from there would we have a better chance or is he not allowed to re apply because he has been working illegally (under false information from CIC - I didn't know you COULDNT trust them.)

 

[little_apple]

He would have stopped working when we submitted our application months ago except that CIC told us that he could KEEP working on his IEC... its not that we want to do anything illegal its just that we were misinformed by CIC Call Centre.

I know but unfortunately many people who called CIC were told they could continue working. They gave me a wrong information, too when I applied for my second IEC. But I figured it out myself in the end and got approved. Those hotline people are not very helpful most of the times :-(

 

[Alurra71]

Again, I would just stop working and sit tight and see what happens from here. If you jump the gun and start withdrawing applications and starting all over ...

If you haven't heard anything negative at this point, then I would suggest stopping working and then sitting it out and waiting ... there is no reason to panic and start reacting to something that hasn't even happened and might not even happen, ya know?

 

[little_apple]

REALLY? so are we royally screwed now? What can we do besides for him to just STOP working immediately to better his chances of still getting his PR. If we cancelled this one - he flew home to NZ and we applied from there would we have a better chance or is he not allowed to re apply because he has been working illegally (under false information from CIC - I didn't know you COULDNT trust them.)

I would just stop working and see what happens. Maybe everything will work out fine for you.

 

[jalilatequila]

OK ... so is he still here legally under implied visitor status? We applied in May 2013 and have only received one email saying that they received our application and it is in process.

I just don't want to waste anymore time..

We have been thinking about getting married - not for this process but in general. If we do get married, should we submit our marriage certificate to them? Will it make a difference even though we have been common law for 4 years?

Has anyone been working under the same situation (IEC Extension - thought it could be extended) then realizing they shouldn't have been, stopped working and still were approved for their PR?

We are still so worried and don't want to hinder our chance of having our application approved.

THANK YOU ALL AND GOOD LUCK TO YOU ALL