Current work permit about to expire. Implied status?

[longh0rn]

This is a hot topic and I read through many threads, but I just have to pick your brains to reassure myself.

I am in Canada right now on an Open Work Permit that I got through the International Experience Canada program (Working Holiday) and which is going to expire on April 28. In January my girlfriend and I put in a sponsorship application as well as the application for the Open Work Permit. We got the AOR on February 16, so I highly doubt the new work permit will make it here before my existing one expires.

The obvious question now is: Can I continue to work past April 28, because I am already on implied status?

Any help is greatly appreciated.

 

[Aslaug]

Hi longhorn,

I'm in a similar situation, we applied for my Common Law PR Feb 8th and I received the AOR on the 13th March, with my work visa expiring April 10th.
According to CIC's processing times it takes ~102 days to process the paper work visas, so you have a little while to wait yet.

Yes you can continue working past April 28th, unfortunately we don't get any documentation to indicate we are on implied status, however you can write a letter to your employer explaining the situation, and quoting the legislation (there's some good templates on this forum).

I've just been offered a job, and the documents they required to take me on included a copy of the AOR, and a copy of the OWP submitted. Do you have a copy of those?

Cheers, A.

 

[Bcboundboy]

Definitely not.

You only have implied status as a visitor from an IEC permit after filing a new application. If you work before your OWP arrives, you are working illegally (without a work permit or SIN), and are risking your PR application, and potentially being deported.

 

[profiler]

Definitely not.

You only have implied status as a visitor from an IEC permit after filing a new application. If you work before your OWP arrives, you are working illegally (without a work permit or SIN), and are risking your PR application, and potentially being deported.

I am curious, what conditions of the OWP change when you transition from the IEC to the Spousal OWP? Reason I ask this is, it's still an OWP, and the OP is not changing employers, etc.

From http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp :

"
If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.
"

They are remaining in Canada, and not changing the OWP. They are only using another vehicle to be eligible for that OWP.

 

[Bcboundboy]

From http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp :

"
If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.
"

They are remaining in Canada, and not changing the OWP. They are only using another vehicle to be eligible for that OWP.

They're changing from an IEC permit to a spousal OWP. The IEC conditions include not being able to work past a set date. It's not logically possible to continue working under the same conditions when one of those conditions is that they stop working. Once the spousal permit arrives, they can work again. Until it does, they cannot.

 

[profiler]

They're changing from an IEC permit to a spousal OWP. The IEC conditions include not being able to work past a set date. It's not logically possible to continue working under the same conditions when one of those conditions is that they stop working. Once the spousal permit arrives, they can work again. Until it does, they cannot.

The Spousal OWP also states not being able to work past a certain date. So, I suspect, that, as stated, they can make the PR/OWP application, and may in fact be able to keep working. They are not changing any conditions at all, and in fact, they are still a temporary resident (OWP) making an application for an OWP. I didn't see anything in the legislation that states explicitly that IEC -> PR OWP excludes them from implied worker status. Would you happen to know where I can find that?

I would encourage the OP to contact CIC by web form (or my phone, or MP is a better option, so you know you are getting correct information) to become more versed on the IEC transition process.

 

[Bcboundboy]

http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/ is the explanation that's normally hawked around.

Along with an early episode of Canada Border patrol on youtube where a guy was deported for illegally working on an expired IEC because while he waited for a new permit he'd applied for he was only allowed to be a visitor.

A key difference from the IEC permit to the spousal permit is that the spousal permit has an expiry date, but the entire point of IEC is that they only last 6 months/1 year/2 years. The time limit is more built-into them than it is for anything else.

 

[profiler]

http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/ is the explanation that's normally hawked around.

Along with an early episode of Canada Border patrol on youtube where a guy was deported for illegally working on an expired IEC because while he waited for a new permit he'd applied for he was only allowed to be a visitor.

A key difference from the IEC permit to the spousal permit is that the spousal permit has an expiry date, but the entire point of IEC is that they only last 6 months/1 year/2 years. The time limit is more built-into them than it is for anything else.

So, there is nothing from IRCC or in legislation that states this explicitly? Just a youtube/tv series and a Brit expat forum?

My wife's spousal has an expiry date as well. There is a time limit also built into it. The OWP is the same.

 

[Bcboundboy]

So, there is nothing from IRCC or in legislation that states this explicitly? Just a youtube/tv series and a Brit expat forum?

You have nothing from IRCC or in legislation that states an IEC can be extended, so the fact there's a great deal to help people not get deported is rather good...

(You have linked above to things which say some permits can be extended. It does NOT say an IEC can be, and the wording explicitly implies that an IEC cannot be)

 

[profiler]

You have nothing from IRCC or in legislation that states an IEC can be extended, so the fact there's a great deal to help people not get deported is rather good...

(You have linked above to things which say some permits can be extended. It does NOT say an IEC can be, and the wording explicitly implies that an IEC cannot be)

On the contrary: I suggested a direct request to IRCC to request this information. Because there is legislation that states when an application is being made, they have implied status. I think it's rather good not to just assume based on information found in a tv series, or on another forum. Wouldn't you agree?

 

[Bcboundboy]

My wife's spousal has an expiry date as well. There is a time limit also built into it. The OWP is the same.

Really not. Spousal permits can be extended. IEC permits cannot be. Because of this, when applying to extend a spousal permit (which can be extended), the assumption is this will be approved. Applying to extend an IEC permit, there's no reason to assume that because it cannot happen. So there's no permit until the new one is granted.

 

[Bcboundboy]

On the contrary: I suggested a direct request to IRCC to request this information. Because there is legislation that states when an application is being made, they have implied status. I think it's rather good not to just assume based on information found in a tv series, or on another forum. Wouldn't you agree?

I'm amused that you're claiming to think a direct request is a good idea when I've linked you to someone who made a direct request.

 

[profiler]

Really not. Spousal permits can be extended. IEC permits cannot be. Because of this, when applying to extend a spousal permit (which can be extended), the assumption is this will be approved. Applying to extend an IEC permit, there's no reason to assume that because it cannot happen. So there's no permit until the new one is granted.

No, they cannot be extended. Who told you this? You have to re-apply...

 

[Bcboundboy]

No, they cannot be extended. Who told you this? You have to re-apply...

And you can't reapply for an IEC permit.

 

[profiler]

I'm amused that you're claiming to think a direct request is a good idea when I've linked you to someone who made a direct request.

I'm amused that you're still following the idea of using a forum as a reason why something cannot happen, and a tv series as (assumed) evidence of that.

Anyway, enough amusement for me for one day.

@OP: I would suggest contacting an MP or IRCC through the web form to ask about transition paths from IEC. I wouldn't trust a docu-drama series that is made for tv, or another forum. There is legislation to state that if you currently have a work permit (note it states WORK PERMIT), and you make an application for another, your status is implied. Please validate this with IRCC first.