Implied status while waiting for BOWP and PR – IEC participants

[allee]

My question has arisen after reading on this forum that “implied status” does not apply to anyone on an International Experience Canada (IEC) work permit.

My boyfriend and I have both been in Canada since mid June 2012 on 2yr work permits obtained through the IEC initiative. I am eligible to obtain a second 2yr WP through the program (I’m Australian, under 31), however my boyfriend is now too old to use the program.

We are applying for permanent residency through the CEC in early March 2014, with him as the principal applicant and me as his common-law spouse. His plan was to receive the AOR (anticipating sometime in May), and immediately apply for a Bridging Open Work Permit while his current IEC work permit is still valid until June. From everything we’d read, we assumed this would give him implied status from the day he applied for a BOWP and he’d be allowed to continue working throughout this whole WP -> BWOP -> PR process.

However, this notion of “having implied status simply because he applied for a BOWP” seems thrown into question by this statement by CIC:
* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

Will he have implied status because the BOWP is at least a different type of work permit than his original IEC work permit? Or will he have to stop working when his IEC work permit expires mid June, until his BOWP is issued (July/Aug)?

 

[Hope1957]

When does your boyfriend's work permit expire? Generally, if an applicant applies for a BOWP before their existing work permit expires, the time period after the expiry of the existing work permit to when a decision is made on the BOWP application is called implied status. As far as I know there is no special treatment for IEC. Then again, I could be wrong because I have never worked under IEC. I'd suggest you call CIC and double check with them. You can also look for IEC applicants thread on this forum and ask the same question. Perhaps someone will give you a better answer.

Senior Australian or IEC applicants, any advise?

My question has arisen after reading on this forum that “implied status” does not apply to anyone on an International Experience Canada (IEC) work permit.

My boyfriend and I have both been in Canada since mid June 2012 on 2yr work permits obtained through the IEC initiative. I am eligible to obtain a second 2yr WP through the program (I'm Australian, under 31), however my boyfriend is now too old to use the program.

We are applying for permanent residency through the CEC in early March 2014, with him as the principal applicant and me as his common-law spouse. His plan was to receive the AOR (anticipating sometime in May), and immediately apply for a Bridging Open Work Permit while his current IEC work permit is still valid until June. From everything we'd read, we assumed this would give him implied status from the day he applied for a BOWP and he'd be allowed to continue working throughout this whole WP -> BWOP -> PR process.

However, this notion of “having implied status simply because he applied for a BOWP” seems thrown into question by this statement by CIC:
* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

Will he have implied status because the BOWP is at least a different type of work permit than his original IEC work permit? Or will he have to stop working when his IEC work permit expires mid June, until his BOWP is issued (July/Aug)?

 

[LPS]

I think I can help (though I'm still not sure what a 'senior' even is).

That "IEC does not benefit from implied status" is a bit misleading.

It does appear to be true that you don't get implied status by applying to extend an IEC. An IEC may not be extended - you need to apply for a new one through your home country's working holiday program. The principle here is that you are not considered to have implied status if your application for a new permit, or permit extension, was made without legitimate grounds.

But as you've said, a BOWP is an entirely new permit and not an extension.

 

[PeachyPeach]

Hey allee, i have been in the same situation as you, applied last year under CEC, IEC ran out in August so applied for BOWP 30 days before IEC ran out, was on implied status for 2 weeks after expired date of IEC and it was never an issue, i think because there is no extension of the IEC that's why there is no implied status that way, but the conditions change when you have a PR application in process. Hope that helps