Implied Status - how do they know that you've left the country?

[zardoz]

Looks like there are many issues here. Risk of denying entry followed by cancellation of inland application plus no chance of appeal at all. Please put some light as I heard that open work permit can't be extended but closed work permit can be extended?

In general OWPs can be extended, as they are commonly held by the spouse/common-law partner of a student or temporary foreign worker. However, the ones quoted in the above posts have no possibility of being extended, so are excluded from the general case.

 

[jennifer345]

Hi All, thanks so much for the replys. Has anyone successfully left the country while under Implied Status, and returned an continued working under "implied status" without any consequences?

 

[Alurra71]

Hi All, thanks so much for the replys. Has anyone successfully left the country while under Implied Status, and returned an continued working under "implied status" without any consequences?

The problem with your question is that once he has left the country, he looses implied status. The same rule applies to anyone who did this. The real question you are asking is, has anyone successfully left and come back and worked illegally without being caught? If caught, what would the consequences be?

I think you will find if you asked the question you really want the answer to, you will find most won't answer it because what they did or are doing is illegal and they know it and nobody here is likely to tell you to go ahead and do something illegal.

If you and your spouse wish to take that chance, then by all means, take the chance. The consequences for being caught can include jail time because it is a criminal offense to work without a valid permit, but usually what ends up happening is the person in question is issued a removal order from Canada and also issued a 2 year ban. If that were to happen then you would loose your current PR application and unable to file for another until his 2 year ban is lifted. You can then expect to have extended delays to get a new OUTLAND application processed to the end because of the removal order and ban. If he is caught working illegally, that is what can happen. It is your choice.

 

[jennifer345]

Thank you for the reply. We definitely don't want to do anything illegal, or anything that could cause an issue with our PR application. Just wanted to see if there is any way around this rule about leaving the country and still maintaining implied status, but it doesn't sound like there is. Thanks for the information.

 

[Rob_TO]

Hi All, thanks so much for the replys. Has anyone successfully left the country while under Implied Status, and returned an continued working under "implied status" without any consequences?

By definition, implied status ENDS the second you leave Canada. When returning, you return as a VISITOR ONLY.

Why don't you attempt to extend the LMO? Or could get a new LMO from the same company?

If you leave the country and then come back to work on an expired LMO work visa, that is 100% ILLEGAL to do. It is quite simple. CIC makes NO allowances for your circumstances and couldn't care less what your reason was for leaving Canada.

 

[jennifer345]

By definition, implied status ENDS the second you leave Canada. When returning, you return as a VISITOR ONLY.

Why don't you attempt to extend the LMO? Or could get a new LMO from the same company?

How do you extend an LMO once it is already expired? It had a 9 month timeline on it. The company doesn't have any more active LMOs unfortunately

 

[screech339]

How do you extend an LMO once it is already expired? It had a 9 month timeline on it. The company doesn't have any more active LMOs unfortunately

Unfortunately for you, your husband only has 2 options. Stay and continue working for the current employer or leave and return as a visitor. There is no other way around the rules. No loophole to take advantage of.

While Canada does not have any exit controls, except between Canada and US, you seem to forget that if and when your husband actually do leave and re-enter Canada, the CBSA will input your husband's status as a visitor, regardless if he had "implied status" or not. They will not put your husband back on work status on an expired work permit. That's not going to happen.

Screech339

 

[Rob_TO]

How do you extend an LMO once it is already expired? It had a 9 month timeline on it. The company doesn't have any more active LMOs unfortunately

Not completely sure, but I think the employer has to arrange it. If the employer is no longer submitting new LMO requests, then not sure if there's any options. Best to just ask the HR department if it's possible for them to arrange extending an existing LMO, before it expires.