Implied status & bridging visa

[Katienagle09]

Hello all,

I have applied for my PR and expect it to come through some time in February. My current working holiday visa is up on the 11th of December, so I applied today for the bridging visa. I leave to go home for Christmas so I'd be giving up implied status... if I come back in as a visitor and my bridging visa is approved after I re-enter, can I still work then?

Thank you!

 

[monkeyspanner]

I am in a similar situation although not intending to leave Canada. I have been told on another forum (British Expats) that I will not have implied status to work after my 2 year IEC (working holiday UK) visa expires this month. This has been contradicted by the IRCC helpline who say I do have implied status having applied for PR and BOWP prior to my work permit expiring. But the IRCC helpline is, I am told, prone to giving incorrect advice. So I have no confidence that implied status applies in our situation and I am trying to clarify this with immigration advisors.

As you say any implied status to work will be lost when you leave Canada. IRCC are clear you can re-enter Canada as a visitor subject to the normal checks and you will need an ETA (C$7 apply online) or visitors visa. When your BOWP is issued I believe you can then restart working as it is an open work permit until such time as your PR application is decided. Perhaps a senior can help us out regarding the implied status.

If I am looking in the right category BOWP processing is about 70 days at present so you are looking at the 3rd week in January hopefully. The BOWP applications go on hold waiting for the PR application R10 completion check when did you submit your PR and do you know what your application status is? I applied for a BOWP during the third week of October. Fingers crossed for both of us, good luck.

 

[scylla]

I am in a similar situation although not intending to leave Canada. I have been told on another forum (British Expats) that I will not have implied status to work after my 2 year IEC (working holiday UK) visa expires this month. This has been contradicted by the IRCC helpline who say I do have implied status having applied for PR and BOWP prior to my work permit expiring. But the IRCC helpline is, I am told, prone to giving incorrect advice. So I have no confidence that implied status applies in our situation and I am trying to clarify this with immigration advisors.

As you say any implied status to work will be lost when you leave Canada. IRCC are clear you can re-enter Canada as a visitor subject to the normal checks and you will need an ETA (C$7 apply online) or visitors visa. When your BOWP is issued I believe you can then restart working as it is an open work permit until such time as your PR application is decided. Perhaps a senior can help us out regarding the implied status.

If I am looking in the right category BOWP processing is about 70 days at present so you are looking at the 3rd week in January hopefully. The BOWP applications go on hold waiting for the PR application R10 completion check when did you submit your PR and do you know what your application status is? I applied for a BOWP during the third week of October. Fingers crossed for both of us, good luck.

You have implied status to remain in Canada as a visitor - but you cannot continue working since IECs cannot be extended. The information on the British Expat forum is accurate and we've seen several cases here where CIC has confirmed you cannot continue working - and that if you do, this constitutes illegal work.

The IRCC hotline is sadly useless for all but the most basic questions. They give out massively wrong answers regularly. Many immigration advisers get this wrong as well.

The truth is that some people do continue to work and many probably aren't caught. But those that are caught end up in a mess (we saw one person here refused landing even after their PR visa had been issued). As long as you're not working - you're good. Otherwise it's a dice roll.

 

[monkeyspanner]

Thanks. So far it is 3 separate IRCC helpline advisors (I love waiting on the IRCC helpline) and 3 separate immigration advisors who have confirmed I have implied status. I have put in a case specific enquiry to IRCC to try to get a definitive answer in writing but not holding out much hope as they say they will not answer queries unless the application is outside normal processing times. I have read the British Expats sticky and other threads and understand the reasoning but in the face of repeated "official" advice I am to say the least confused.

 

[jes_ON]

Hello all,
I have applied for my PR and expect it to come through some time in February. My current working holiday visa is up on the 11th of December, so I applied today for the bridging visa. I leave to go home for Christmas so I'd be giving up implied status... if I come back in as a visitor and my bridging visa is approved after I re-enter, can I still work then? Thank you!

You would be authorized to work as soon as you receive the permit, yes.

 

[Katienagle09]

Thank you everyone for the input.

I spoke to my employer today and thankfully they're willing to work with my in the crossover period if I'm not eligible to work on implied status. I do see a lot of people chance it and just keep working, but I can't say I want to risk it!

 

[Katienagle09]

Thanks. So far it is 3 separate IRCC helpline advisors (I love waiting on the IRCC helpline) and 3 separate immigration advisors who have confirmed I have implied status. I have put in a case specific enquiry to IRCC to try to get a definitive answer in writing but not holding out much hope as they say they will not answer queries unless the application is outside normal processing times. I have read the British Expats sticky and other threads and understand the reasoning but in the face of repeated "official" advice I am to say the least confused.

My employer is looking into hiring an immigration lawyer for some advice. If this pans out and I get a solid answer I'll let you know. But so far I think it looks like we can't work

 

[monkeyspanner]

My employer is looking into hiring an immigration lawyer for some advice. If this pans out and I get a solid answer I'll let you know. But so far I think it looks like we can't work

That would be great thanks.

 

[monkeyspanner]

My employer is looking into hiring an immigration lawyer for some advice. If this pans out and I get a solid answer I'll let you know. But so far I think it looks like we can't work

Hope you had a good trip back home. Did your employer manage to get any advice? I got my BOWP e-mail on 19th December waiting for the actual work permit at the moment so I can renew SIN.

 

[I.M.]

Hi,

I am in a similar position, I think. I have applied for a PNP and it is being processed at the moment. However, my IEC visa is about to run out (January). The team working on my papers have assured me they will finish my application on time. I have no idea what to do, they tell me I can apply for an extension as soon as they approve the application, but they are not forthcoming about how this works. Having been reading for almost 4 hours on this forum I came to the conclusion that I will have to apply for this BOWP as soon as the PNP gets approved. But the BOWP eligibility parameters state that:
the foreign national must have completed one of the following APR stages:

• their electronic application for permanent residence (e-APR) submitted under Express Entry has passed the R10 completeness check; or
• they have received a positive eligibility assessment on their paper APR submitted by mail under one of the economic classes above;

I'm so confused as to what happens when I get the nominee: How/when do I get an ITA for the PR? Can I apply for the BOWP without the ITA already and explain that I'm waiting to apply? Can I continue working while my BOWP is being processed?

Thank you so much!

 

[monkeyspanner]

Not that familiar with the PNP system but do you know if you will be nominated under the express entry system or under the non express entry system? There is a basic description of the processes here http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=736&top=6

If you will be nominated under the express entry system the process is.
- Complete an express entry profile this provides you a CRS score and enters you in the EE draw system. You can start an express entry profile before you have the nomination and then add that in later.
- Wait for the EE next draw these are held about every two weeks (although not predictably on a regular basis) and can be general for all EE applicants or specific to the EE stream. The draw sets the number of applicants to be accepted and the CRS points above which an ITA will be issued. The last draw was on 20th Dec. at 446 CRS points. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/application-process/express-entry.html
- Once an ITA is issued by IRCC an applicant can submit their online PR application and an acknowledgement of receipt (AOR) is normally issued within 24hours.
- An application for BOWP can be made as soon as the AOR for the PR application is received although it will not be processed until the R10 stage is completed on the PR application.

A more detailed explanation is given here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/application-process/express-entry.html

Other options:
The provincial nominee program PR application normally takes longer to process than other classes e.g FSW or CEC. Would you qualify under another program?

Dependant on your country of origin you may be able to apply for a new IEC visa. IEC visas as you probably know cannot be extended.

BOWP and implied status
The opinion expressed on this site and the British Expats site by regular posters is that you cannot work between your IEC visa expiry and the granting of the BOWP as implied status to work does not apply. However I have been informed by 3 separate IRCC officers that implied status to work does apply and this is why I originally posted here to try to clarify my situation.

Prior to receiving my ITA I had finished a seasonal job and in order to ensure I could stay in Canada I applied for a visitor visa but obviously this course would not allow you to work past the end of your IEC visa. I was lucky that I received an ITA, had prepared all the information for my PR application (CEC class) and that this and my application for BOWP was processed relatively quickly.

Hope you manage to clarify and resolve your situation.

 

[I.M.]

@monkeyspanner Thank you for your reply!
Unfortunately I'm not able to apply through Express Entry and have to take the paper route.
I have had multiple IRCC officers telling me to extend and it will be fine, but like with you, they never put that down in writing.

I have now 6 different applications form (all from CIC) that ask for the same information, go to different addresses, and have different "rules" for applying. I wish CIC could just make a clearer website, it's soooo confusing!

I think I will just apply for both the BOWP and PR with an explanation letter and hope for the best.

 

[monkeyspanner]

@monkeyspanner Thank you for your reply!
Unfortunately I'm not able to apply through Express Entry and have to take the paper route
Sorry can't help more with this. It may be helpful for you to start a new thread and hope a senior picks up your queries.

I have had multiple IRCC officers telling me to extend and it will be fine, but like with you, they never put that down in writing.
Yes the best you get is an extract of the website which is of course the reason you asked in the first place.

I have now 6 different applications form (all from CIC) that ask for the same information, go to different addresses, and have different "rules" for applying. I wish CIC could just make a clearer website, it's soooo confusing!
Yes if it is any consolation the online forms ask for similar information in different formats. The CIC website isn't great.

I think I will just apply for both the BOWP and PR with an explanation letter and hope for the best.
Best of luck. One tip - include a copy of your current work permit and PR AOR e-mail with the BOWP form.

 

[I.M.]

Thank you! That is a great tip, will definitely do!

 

[jes_ON]

Hi,
I am in a similar position, I think. I have applied for a PNP and it is being processed at the moment. However, my IEC visa is about to run out (January). The team working on my papers have assured me they will finish my application on time. I have no idea what to do, they tell me I can apply for an extension as soon as they approve the application, but they are not forthcoming about how this works. Having been reading for almost 4 hours on this forum I came to the conclusion that I will have to apply for this BOWP as soon as the PNP gets approved. But the BOWP eligibility parameters state that:
the foreign national must have completed one of the following APR stages:

• their electronic application for permanent residence (e-APR) submitted under Express Entry has passed the R10 completeness check; or
• they have received a positive eligibility assessment on their paper APR submitted by mail under one of the economic classes above;

I'm so confused as to what happens when I get the nominee: How/when do I get an ITA for the PR? Can I apply for the BOWP without the ITA already and explain that I'm waiting to apply? Can I continue working while my BOWP is being processed?

If you are going with one of the traditional paper-based applications (not express entry), then unfortunately, it is unlikely that you will be able to apply for the BOWP.

After you receive your nomination letter, you have to submit your complete APR (application for permanent residence) to IRCC (there is only an ITA if you are applying under express entry). Then you would have to wait to receive the AOR (acknowledgement of receipt) letter before you could apply for the BOWP, and you can't apply for the BOWP if your work permit has expired. I don't know how long it will take for you to get the AOR after applying, but typically it is 1-2 months...

"Paper APR: determining if a positive eligibility decision has been made
If the paper APR under one of the qualifying economic classes was submitted by mail prior to January 1, 2015, or was submitted outside of the Express Entry system, it must have a positive eligibility assessment in order for the foreign national to be eligible for a BOWP.

The positive eligibility assessment is considered to be made once the status of the Eligibility field in GCMS is set to “Passed” (or “Met” for FSWC applications submitted prior to January 1, 2015) or an Acknowledgment of Receipt letter or email has been sent to the applicant.

Applicants applying for a BOWP must include a copy of their Acknowledgment of Receipt letter with their open work permit application."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

If you post this question in the PNP forum (instead of CEC/Express Entry), you might get some idea of the time line etc.

https://www.canadavisa.com/canada-immigration-discussion-board/forums/provincial-nomination-program-immigration.6/