Issue with working before PR is granted

[bellareads]

I have a question on behalf of a friend. She was granted a temporary work visa (originally from Australia) and was working in Canada. When her Visa was close to expiring she was told to apply for permanent residence but she didn't realize that she shouldn't have been working after her temporary work visa expired and before her PR was granted. During her landing interview they told her they couldn't "land" her because she shouldn't have been working and they said they would have to open a file and investigate. In the meantime she quit her job and has been told she can stay in Canada as a visitor, but it could be 2-6 months or more before she hears anything.

Has anyone come across this before? She hasn't heard from immigration yet (almost 3 months since her interview) and is concerned she will be deported.

 

[zardoz]

Ouch... It looks as though they are starting to get tough. On what basis was she applying for PR?
It's possible that they may consider that illegal employment might make her inadmissible at the last moment.

 

[bellareads]

Ouch... It looks as though they are starting to get tough. On what basis was she applying for PR?
It's possible that they may consider that illegal employment might make her inadmissible at the last moment.

She's applying under sponsorship as her common law partner is a canadian citizen. I'm worried she might get deported or be told she can't apply for a certain length of time, although not hearing from the local CIC is the worst part.

 

[zardoz]

A few more questions. Is this an inland application or an outland one? Was an application for an open work permit included if it was inland? What sort of work permit was she originally working under? Had it expired before the PR application was submitted?

 

[scylla]

A few more questions. Is this an inland application or an outland one? Was an application for an open work permit included if it was inland? What sort of work permit was she originally working under? Had it expired before the PR application was submitted?

It sounds like she was on an IEC (working holiday visa). They can't be extended. So even if an open work permit is submitted before the IEC expires, you can't keep working past the expiry of the IEC.

 

[bellareads]

A few more questions. Is this an inland application or an outland one? Was an application for an open work permit included if it was inland? What sort of work permit was she originally working under? Had it expired before the PR application was submitted?

It's a inland application. It was for a open work permit. She was on the temporary work visa and it hadn't expired when she started the PR process but did during the process.

 

[zardoz]

Can you confirm that it was an IEC? This would explain why they are going to be upset. If it's not an IEC, we would need to have the full details of the story. It's possible that the agent at landing could be wrong but without all the information, it's hard to say.

 

[bellareads]

Yes it was a IEC. Could they deport her?

 

[zardoz]

It's impossible to say. Yes they COULD deport her, but i doubt that they WOULD.

My guess is that they will investigate, give her a sharp rap over the knuckles and then let the transgression die on the files.

At least this clears up one area of doubt for those on here that think they know better .
There is no "implied status" that will allow you to carry on working on an IEC, even if you submit an OWP application with an inland PR application. The reaction of CBSA/CIC demonstrates that in this case very clearly.

 

[scylla]

At least this clears up one area of doubt for those on here that think they know better .

So true. No matter what anyone thinks they know - there is no implied status when it comes to IECs.

I agree that it's not likely they will deport her. But to be frank, I would be working with a lawyer at this point if I were in her shoes (just in case).

 

[canuck_in_uk]

At least this clears up one area of doubt for those on here that think they know better .
There is no "implied status" that will allow you to carry on working on an IEC, even if you submit an OWP application with an inland PR application.

Yes, very true. Unfortunate that we had to see such a situation to reinforce what most of us already knew.

 

[frege]

At least this clears up one area of doubt for those on here that think they know better .

I'm not sure who you're talking about, Zardoz, but if those people are anything like me, it probably happens that they make mistakes.

Maybe not you, though?

 

[canuck_in_uk]

I'm not sure who you're talking about, Zardoz, but if those people are anything like me, it probably happens that they make mistakes.

Maybe not you, though?

That's a bit of an unfair comment frege, as zardoz is not referring to people that just made a simple mistake. Have you followed the threads and posts regarding this particular topic?

Zardoz is referring to a few very specific people, ones who were told over and over again, by many Hero, Champion and VIP members, that the IEC isn't extendable and therefore a person cannot continue to work when going on Implied Status. Not only did these people ignore what they were repeatedly told, but they then proceeded to dispense damaging advice to others in the same situation by telling them they were allowed to continue working when it was in fact illegal.

 

[frege]

That's a bit of an unfair comment frege, as zardoz is not referring to people that just made a simple mistake. Have you followed the threads and posts regarding this particular topic?

Zardoz is referring to a few very specific people, ones who were told over and over again, by many Hero, Champion and VIP members, that the IEC isn't extendable and therefore a person cannot continue to work when going on Implied Status. Not only did these people ignore what they were repeatedly told, but they then proceeded to dispense damaging advice to others in the same situation by telling them they were allowed to continue working when it was in fact illegal.

No, although I know of a couple of threads on this IEC topic, I don't know who he's talking about, because he didn't name them or specify which of their comments he found objectionable.

I don't particularly enjoy reading this kind of talk on the forum at all, so please don't read what I'm saying as an invitation to go into further detail.

What I can say is that although I've seen many good-faith differences of opinion on the forum, I've never seen anybody try to be deliberately misleading.

 

[Jamesdavid3]

This is VERY strange,

I know many people who are on the IEC visa who has also applied for a OWP and Applied In-Land at they have still continued to work even when the IEC visa expires.

They have not had any problems at all so far, most of them work for huge companies to have let them continuing to work even though they no longer have a SIN/Work Permit. As far as they are concerned they are on Implied Status and can continue to work until they have heard back at the 1st stage if they have been approved or not. The Proof they have given their employers is the receipts from the OWP and the PR application and that's enough.

I am still going to continue to work once my IEC ends in January. My Lawyer as well as many other lawyers have confirmed this and this is what we are sticking too.