Implied Status - Self-Employed individual / contractor on BOWP

[OhWow]

Hi,

I know there is always a lot of confusion about the "implied status", and I am also confused in a very specific case.

Everywhere I look, implied status is always defined in that way:
If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit...

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

To me, it sounds as if I can just do whatever I had done before. It is obvious that if I am currently working for a company, for example, I can just keep going to work everyday as usual.

But here it says:
If you have implied status, and have applied to renew your work permit, you can keep working for the same employer under the same conditions.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=1130&t=29

(Note, the general info page about implied status mentions nothing about the "same employer". It also only says "can" keep working, which does not mean I "must".)

So what if you have become self-employed and work as a contractor? Let's say, I get hired for a project for 2 weeks. Obviously, I can keep working on that project, if I accepted it while my permit was still valid. But since it also says, I can keep working under the same conditions, which for me means being self-employed, and at the beginning of each new project, I need to hand in a copy of my work permit, can I submit my "expired" work permit with my renewal application? Many Canadians do not know about "implied status", which makes the situation a little awkward when you have to explain it to them. But this is how it is.

In short: My work condition is that of a self-employed contractor and I depend/work on short-term projects. Can I keep working under the same condition and accept new projects while on implied status? Has anyone been in the same situation?

 

[kamatmahesh]

Yeah you most definitely can work for short term projects or contracts . There should be no problem

I understand the employers predicament on hiring or giving work to someone who does not have a work permit ; more so when it is so difficult to make them
Understand what is "implied" status and how you can legally work . But rest assured you are not doing anything illegal that will affect you or your application in any way

 

[jes_ON]

Everywhere I look, implied status is always defined in that way:
If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit...

"Same conditions as your existing permit" means if you had an open work permit, you can continue working as if you were on an open work permit (any job, any employer). If you were on a closed work permit (specific position and employer), you can continue doing that one job for that one employer.

If you were self-employed before, I assume you were on an open work permit (PGWP?). If this is correct, under implied status, you still have "open work permit" status.

 

[jes_ON]

But here it says:
If you have implied status, and have applied to renew your work permit, you can keep working for the same employer under the same conditions.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=1130&t=29

This page is referring to people who had an LMIA, and this means they had a closed work permit, and can only work for the same employer (in the same position) while on implied status.

 

[jes_ON]

But since it also says, I can keep working under the same conditions, which for me means being self-employed,

for you, "same conditions" mean the same conditions of the previous work permit, presumably an open work permit.

and at the beginning of each new project, I need to hand in a copy of my work permit, can I submit my "expired" work permit with my renewal application?

Yes - they key is the conditions on the expired work permit, proof of having applied for a new permit before the old one expired, and you can print the CIC website on the topic or send the link:

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

Also, Service Canada-
http://www.servicecanada.gc.ca/eng/about/reports/sin/cop/section3.shtml
6. Implied Status...

Many Canadians do not know about "implied status", which makes the situation a little awkward when you have to explain it to them.

This is true, esp. difficult when you cannot tell them how long you will be on implied status or if/when you will get the new permit. Some employers simply don't want to deal with it. If for whatever reason your application was refused while you were in the middle of a contract, you'd have to quit working immediately.

 

[OhWow]

Thanks, jes. I already spoke to a CIC agent, and he said it is okay. I can keep working. I provided my employer with all copies including the website.

It is good to know. If you are only on day calls, it's fine. But sure, if you are hired for, let's say 2 weeks and then get rejected after 1 week, the project would fail.