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Implied Status

SeanBergan

Newbie
Jan 24, 2011
2
0
My work visa runs out in one week and I have an extension application already sent and received. It is my understanding that this gives me implied status which means I can stay in Canada under the same conditions as my current work visa. Unfortunately my SIN will expire next week aswell and my employer has informed me that they will terminate me if I don't have a) documentation showing that I am legally allowed to work and b) a valid SIN. Does any body know how I can attain these? Is there anyone who is currently working with implied status that could explain how this was handled with their employer? Any information would be greatly appreciated
 

Olivia1206

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Nov 11, 2010
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You can work in Canada with the same employer until CIC makes a decision regarding your work permit extension (maximum 3 months)
THE IMPLICIT STATUS is a law, meaning they can't terminate your contract because of that.

You should call CIC with your question and they will send you by email some information regarding the implicit status.

The only thing you should have to show your employer is the proof of payment for the renewal of your visa.

Good luck,

Olivia
 

thusha7716

Star Member
Sep 25, 2009
52
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hai seanBergan,

Did you have a WP on LMO or an open work permit ?
 

Olivia1206

Full Member
Nov 11, 2010
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I had a WP with LMO.
 

oilsand

Star Member
Jul 26, 2008
82
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Olivia1206 said:
You can work in Canada with the same employer until CIC makes a decision regarding your work permit extension (maximum 3 months)
THE IMPLICIT STATUS is a law, meaning they can't terminate your contract because of that.

You should call CIC with your question and they will send you by email some information regarding the implicit status.

The only thing you should have to show your employer is the proof of payment for the renewal of your visa.

Good luck,

Olivia
And what about the issue of SIN thats expiring on the same date as the WP, should a person on implied status be concern with an expired SIN or does the implied status applies to the SIN as well?

Anyone care to comment on this, as I believe people have overlooked this issue.
 

Olivia1206

Full Member
Nov 11, 2010
21
0
Ottawa
Category........
Visa Office......
Buffalo
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0312
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Pre-Assessed..
App. Filed.......
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AOR Received.
May 4th 2010
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File Transfer...
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Med's Request
dec 15 2010
Med's Done....
jan 13 1009
Interview........
waved
When I was on an implied status, my employer (the University of Ottawa) didn't mention that I had to reniew my SIn or Health insurance card... But I don't know if it was a mistake or not. Maybe CIC would know.
 

oilsand

Star Member
Jul 26, 2008
82
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Olivia1206 said:
When I was on an implied status, my employer (the University of Ottawa) didn't mention that I had to reniew my SIn or Health insurance card... But I don't know if it was a mistake or not. Maybe CIC would know.
Guess nobody seem to have notice the SIN issue, the healthcard is quite easy as the worker need only to call the health services and explain the situation, and will automatically extend the coverage for 3 months until you get the reply from CIC.
 

thusha7716

Star Member
Sep 25, 2009
52
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your employer should make an application for the extension LMO. Along with that you need to apply for the work permit extention. you can apply under the co-current processing system which means LMO and the WP is processing at the same time.

SIN is getting expired and all the benefits you are receiving from the government (in my case child tax benefit, maternity benifits) is keeping on hold from the CRA and service canada ,( when you send the new WP to them they pay with arrears)

But you may get extended your health benefit after informing to the capital health.(in my case i received 60 days extension)
 

SeanBergan

Newbie
Jan 24, 2011
2
0
Thanks everyone for the replies, the information i needed was here servicecanada.gc.ca/eng/sin/employers/expiry.shtml at the bottom of the page, implied status can be more then 3 months its all dependent on proccessing times, if u apply for an extension of a work visa at the same time as applying for permanent residency you should get implied status for how ever long stage 1 takes, the problem isnt gettting implied status its proving to your employer that you are able to work on what appears to be an expired SIN, good luck to you all
 

Nil Krishna

Full Member
Oct 31, 2010
37
4
Visa Office......
Citizenship
oilsand said:
Guess nobody seem to have notice the SIN issue, the healthcard is quite easy as the worker need only to call the health services and explain the situation, and will automatically extend the coverage for 3 months until you get the reply from CIC.
Hi, I am residing in Ontario and in the same condition. My workpermit and visa will expire by 31st of Jan 2011 and I have applied for extension of work permit (same employer) in Sept 2010 (received by CPC on 21st Sep'10).
I have not received extension of work permit as of now but received a letter in mid of december'10 that it will take 16 more weeks to review my application.
Though I have personally visited OHIP office to extend my health card for 3 months which was not done by OHIP. They said that they can not extend the health card until I receive the extension of work permit and the same with SIN card when i visited CIC office.
Please comment if anybody has different response !!!
 

edong

Full Member
Jan 4, 2011
28
1
Hi Nil Krisha,

Were you able to get a new LMO when you applied for a work permit extension? for same employer and how long did it take you to acquire a new LMO.
 

Nil Krishna

Full Member
Oct 31, 2010
37
4
Visa Office......
Citizenship
edong said:
Hi Nil Krisha,

Were you able to get a new LMO when you applied for a work permit extension? for same employer and how long did it take you to acquire a new LMO.
LMO was exempt from my catagory of work permit until Sept 30 2010, hence I have not had any LMO while application which reached to CPC on 21st Sept'10. Sorry can't help u !
 

Olivia1206

Full Member
Nov 11, 2010
21
0
Ottawa
Category........
Visa Office......
Buffalo
NOC Code......
0312
Job Offer........
Pre-Assessed..
App. Filed.......
Feb 12th 2010
Doc's Request.
November 4th 2010
AOR Received.
May 4th 2010
IELTS Request
na
File Transfer...
na
Med's Request
dec 15 2010
Med's Done....
jan 13 1009
Interview........
waved
edong said:
Hi Nil Krisha,

Were you able to get a new LMO when you applied for a work permit extension? for same employer and how long did it take you to acquire a new LMO.
I was able to get a new LMO with a work permit extension. It didn't take very long, maybe three weeks. Your employer can call theme to speed the process if needs be.

Good luck!
 

oilsand

Star Member
Jul 26, 2008
82
2
Category........
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CPC-Ottawa
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July 2012
Nil Krishna said:
Hi, I am residing in Ontario and in the same condition. My workpermit and visa will expire by 31st of Jan 2011 and I have applied for extension of work permit (same employer) in Sept 2010 (received by CPC on 21st Sep'10).
I have not received extension of work permit as of now but received a letter in mid of december'10 that it will take 16 more weeks to review my application.
Though I have personally visited OHIP office to extend my health card for 3 months which was not done by OHIP. They said that they can not extend the health card until I receive the extension of work permit and the same with SIN card when i visited CIC office.
Please comment if anybody has different response !!!
Here is automatic from AHIP once you called and explain the situation, they knew the processing for WP and therefore give every applicant with pending WP extension a 3 month extension of AHIP coverage. You shouldnt worry about the SIN, as one can continue working under the implied status even if the SIN has expired.
 

jes_ON

VIP Member
Jun 22, 2009
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SeanBergan said:
the information i needed was here servicecanada.gc.ca/eng/sin/employers/expiry.shtml
Great link, thanks for posting!