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

[jennifer345]

Hi All,

I am a bit confused about implied status. My partner has applied for PR, and sent an OWP application with that. My partner's work permit just expired, but supposedly "implied status" has now kicked in, so they can continue to work under the conditions of the expired work permit. That all makes sense. However, there seems to me agreement everywhere that as soon as the person leaves Canada, they lose "implied status". My question is this - how do they ("they" being the powers that be here in Canada) know that you've left the country? Does it all link up somehow in their systems? What if you get a new passport when you leave the country? (My partner is from a country that does not need a visa to enter Canada, they can enter as a visitor). How do they really know that you even left for a short period of time? Why can't we just come back from the short break away, and keep working under "implied status"....how do they know that you left and came back, "giving up" implied status?

Really hoping to hear from someone who has firsthand experience with this, as we are really under pressure. My partner needs to get home for a short break to see a relative who is ill, but doesn't want to give up the "implied status" to do that. Need to find a way around this. Any suggestions are helpful. Thanks in advance.

 

[user828]

If its US then they have Entry/Exit system between US/Canada ( will be implemented in other countries ). If other home country stamps passport of arrival ( then it basically shows you arrived that day, not necessarily from Canada - unless immensely scrutinized ), its mostly honor system but then can find out if they want to via airline records etc but its not done routinely, only if they have good reason to
There are other investigative methods to check if person was in Canada beyond validity date but again all this if they want to check/scrutinize the app

When he leaves Canada, the counter starts again IMO for work permit as is for visitor

 

[chakrab]

they can check at the customs what he was doing before he left. if he was working, then the CBSA will suspect your husband of working again once he enters canada. if he is without the work visa, they wouldn't be willing to let him in. visa-exempt passport doesn't automatically mean the person will be let in. he may need to show that he will leave canada, so may be asked to present a return flight ticket. according to CBSA, if a person has worked in canada, legally or otherwise, he is at a risk to work again.

 

[zardoz]

"They" will know that you have left the country as soon as you attempt to reenter.
Even if "they" don't track exits, "they" most certainly track entries...

The CIC web site explicitly states that a condition for "implied status" is

You must stay in Canada and meet the conditions of your original work permit.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

Of course, if your partner wishes to start "illegal working", that's their business, but it will all end in tears, especially as it could block the PR application.

 

[scylla]

If he leaves Canada then implied status will be lost and he'll need to stop working. There are many ways CIC can find out if you've left the country. And it's really a bad idea to continue working since this work will be illegal and could significantly complicate your inland application. If he absolutely need to leave, then when he returns, he should work with his employer to secure an approved LMO and then apply for a new closed work permit. Or alternatively stop working and wait for the OWP to be approved.

 

[Hasan9999]

If he leaves Canada then implied status will be lost and he'll need to stop working. There are many ways CIC can find out if you've left the country. And it's really a bad idea to continue working since this work will be illegal and could significantly complicate your inland application. If he absolutely need to leave, then when he returns, he should work with his employer to secure an approved LMO and then apply for a new closed work permit. Or alternatively stop working and wait for the OWP to be approved.

If her husband's expired work permit was open then did he apply for new open work permit? Cuz I heard that OWP is not extendable. I am a bit confused.

 

[chakrab]

If her husband's expired work permit was open then did he apply for new open work permit? Cuz I heard that OWP is not extendable. I am a bit confused.

once an applicant reaches AIP stage, OWP can be extended till the applicant lands as PR.

 

[jennifer345]

My partner's work permit that just expired was not an OWP, it was a closed work permit with an LMO.

 

[rhcohen2014]

My partner's work permit that just expired was not an OWP, it was a closed work permit with an LMO.

if it's a closed work permit, and can't be extended, i believe he must stop working until his OWP is approved, or his employer is approved for another one. I don't believe implied status means he can continue to work, just that he can remain in canada legally, or is this my misunderstanding?

If your husband leaves, and is denied entry, then an inland application can be cancelled. That is the risk of applying inland, not that CIC will know if he leaves. They will know if he attempts to enter and is denied entry.

 

[jennifer345]

if it's a closed work permit, and can't be extended, i believe he must stop working until his OWP is approved, or his employer is approved for another one. I don't believe implied status means he can continue to work, just that he can remain in canada legally.

That doesn't make sense....I was told that no matter what type of work permit he has, that once it's expired, "implied status" kicks in while the OWP that we sent with our PR application is pending....can anyone else chime in to clarify this?

 

[zardoz]

That doesn't make sense....I was told that no matter what type of work permit he has, that once it's expired, "implied status" kicks in while the OWP that we sent with our PR application is pending....can anyone else chime in to clarify this?

Sure. A non-extendable work permit, such as an IEC/WHV or (possibly) a PGWP cannot benefit from "implied status". A normal WP that is capable of being extended, such as an OWP or a LMO backed WP does benefit from "implied status". This second scenario is the one that you are in. So, as long as your partner stays in Canada, at the same job, they are covered by "implied status". Change either of those conditions and "implied status" ceases.

 

[Alurra71]

That doesn't make sense....I was told that no matter what type of work permit he has, that once it's expired, "implied status" kicks in while the OWP that we sent with our PR application is pending....can anyone else chime in to clarify this?

He is on implied status with his particular work permit. The ones that can't be extended are IEC and PGWP. If he leaves Canada for any reason, his implied status will be nullified and he would re-enter Canada (if they allowed him) as a visitor and would no longer be able to work under implied status. He could either wait for his OWP and continue on as he is, without leaving, or have his employer do a new LMO while he is 'implied' and once that is approved he would be able to leave and return and continue working.

Based on the situation as you have outlined it above he does not have the time to wait for his OWP or a new LMO permit so you and he effectively only have one decision to make. Does he leave to see the relative and come back as a visitor (if allowed re-entry into Canada) or does he remain in Canada and work under implied status.

Best of luck to you no matter which option you choose.

 

[rhcohen2014]

Sure. A non-extendable work permit, such as an IEC/WHV or (possibly) a PGWP cannot benefit from "implied status". A normal WP that is capable of being extended, such as an OWP or a LMO backed WP does benefit from "implied status". This second scenario is the one that you are in. So, as long as your partner stays in Canada, at the same job, they are covered by "implied status". Change either of those conditions and "implied status" ceases.

ah! thanks for the clarification.

 

[Hasan9999]

if it's a closed work permit, and can't be extended, i believe he must stop working until his OWP is approved, or his employer is approved for another one. I don't believe implied status means he can continue to work, just that he can remain in canada legally, or is this my misunderstanding?

If your husband leaves, and is denied entry, then an inland application can be cancelled. That is the risk of applying inland, not that CIC will know if he leaves. They will know if he attempts to enter and is denied entry.

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?

 

[rhcohen2014]

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?

allura and zardoz just answered the question about implied status and work permits. your answer will be in those posts.