Need Clarification on BOWP and IEC

[yokies]

Hi Guys,

Yes I have read the posts in respect to this topic and it seems to be one where some people say yes and some people say no to the whole implied status thing after the work permit expires for IEC.

My question is:

Well if implied status is not applicable in the IEC, If I apply for a BOWP and I don't get this in time for when my visa expires am I still going to get a BOWP if it is approved? (e.g this is considering I send like a paper application a month prior to it expiring ). In the mean time while I wait I would have to send an application to change my status work permit to visitor? (I'm from a visa exempt country). Ultimately I don't want to do anything illegal, I want to do things the right way and if someone can clarify what I am suppose to do. I know a lot of us are in this situation where visas are going to expire. Any help would be greatly appreciated thanks!

 

[LPS]

Yes as much as I love the IEC / implied status debate, it has been done. If you have read the posts it is understandable that you're not comfortable working during that time.

And yes you will receive your BOWP if your IEC has expired in the meantime (as I did).

 

[maniac2403]

Hi Guys,

Yes I have read the posts in respect to this topic and it seems to be one where some people say yes and some people say no to the whole implied status thing after the work permit expires for IEC.

My question is:

Well if implied status is not applicable in the IEC, If I apply for a BOWP and I don't get this in time for when my visa expires am I still going to get a BOWP if it is approved? (e.g this is considering I send like a paper application a month prior to it expiring ). In the mean time while I wait I would have to send an application to change my status work permit to visitor? (I'm from a visa exempt country). Ultimately I don't want to do anything illegal, I want to do things the right way and if someone can clarify what I am suppose to do. I know a lot of us are in this situation where visas are going to expire. Any help would be greatly appreciated thanks!

The criteria for BOWP is that one is to apply before their WP expires. No matter how long is takes to get the BOWP approved, as long as it was sent before your current WP expired and other BOWP criteria are met, he/she is fine. For IEC, you will not have implied status, so to maintain proper status, you should look at changing your status to a visitor.

 

[PMM]

Hi

Yes as much as I love the IEC / implied status debate, it has been done. If you have read the posts it is understandable that you're not comfortable working during that time.

And yes you will receive your BOWP if your IEC has expired in the meantime (as I did).

There is no implied status for IEC work permits as they are not extendable.

You can only be on implied status if the work permit you currently have comes under the relevant legislation.

1) Subsection 201(1) is the provision that allows you to extend a work permit.
2) Section 186(u) provides implied status to those work permit holders who have made an application under subsection 201(1).
3) IEC permits cannot be extended therefore 201(1) is not applicable.
4) An IEC permit holder cannot have implied status as provided by 186(u) because they cannot make a valid application under 201(1).

 

[yokies]

thanks for the input
was not trying to open up a can of worms here... just wanted confirmation I'll still get a BOWP if it expires and I have put in an application beforehand.