Expired IEC -restoring status as a worker
- Thread starter rjoy
- Start date
To restore your status back to worker, you would need to have an approved LMIA from your employer.
Otherwise your option is to restore back to visitor.
I'm sure you already know that an IEC work permit is non-extendable, so you need a completely new work permit.
Hi, thanks for the message. My employer has given me 3 months leave (in writing) until I get a work permit of some kind. My PR is in progress (it was submitted a week after my IEC visa expired as I had technical complications online and so missed the deadline to get implied status).
My employer is holding my job open for me (but they can't do an LMIA) would this not count for something?
Also, as my PR is in progress now, I'm worried that being out of status now / out of status at the time I applied, might affect the final outcome of the PR decision... (there are many technical error messages in my account though to prove that I experienced a week of online problems prior submission of the PR).
The fact your employer is holding your job unfortunately doesn't count for anything. You need an approved LMIA from your employer to restore back to a work permit. If your employer isn't able to go through the LMIA process, then you will have to be satisfied with restoring your status to visitor.
Yes - you're supposed to be in status when you apply for PR. I would submit the restoration application as soon as you can.
Hi, thanks. I have applied for PR (express entry - canadian experience class) so I am waiting on that. I was just hoping there might be a way, as I had a complex situation with submitting the PR (a week long of technical errors stopping me from submitting the application in order to get the PR receipt needed for the implied status/bridging visa) I don't know if they look into specific cases and could grant something under exceptional circumstances... seeing as implied status was created to keep those in employment still working (which i was doing) whereas I had passed the deadline through no fault of my own (it was 100% the online systems) and therefore need something else to keep me working. Maybe IRCC just didn't think of that...
To have implied status, you needed to submit a BOWP (bridging open work permit) before your IEC visa expired. IRCC doesn't grant exceptions to this rule. Did you get your BOWP application submitted before the IEC expiry by any chance?
There is nothing to stop you applying for a new work permit but as you note, implied status doesn't apply to your situation. So, you can't work at all until you are in possession of the new work permit. Without an LMIA, your work permit application is doomed to failure. Sorry, but that's the way it works.
Thanks, so if I apply to restore my status as a visitor - will this still be fine for the PR in progress?
No I couldn't as you can't apply for the BOWP without the receipt from the PR application - the receipt didn't generate until a week after I first attempted to submit. So even though I had wanted to and planned to submit the BOWP in time, the online system failed me. Hence why I had to stop working...
Ah - that sucks.
Restore your status to visitor - that's really your only option at this point.
Any chance you qualify for a second IEC participation?
No, for some reason for Uk it's up to age 30 only and I'm over that (though for alot of countries it's to 35). I've also just had a further look into it and some RO organisations (registered organisations) do accept all ages for 2nd IEC participation... but they don't seem to be accepting any more applications for the 2020 season.
At the moment, I'm just worrying if status will affect my PR in progress....