Question about working during application bridging gap

[cal31]

Hello everyone,

I have married a Canadian and will be submitting my inland spousal sponsorship form in February as well as my open work permit application. I am currently on a 2 year open work visa which expires in March 2018.

Now, when I submit my forms I believe I can continue working at my job as per normal until they reach a decision about my open work permit is this correct?

My employment agency is asking for a paper to prove that I can work in Canada until they indeed reach a decision on my open work permit. Is this something I can obtain? will this be in writing and available for me to give to my employer so they can keep me on?

Hopefully this isn't a difficult question to answer. As time is ticking out and I currently work for the government and really do have my dream job. I don't want to have to leave because I cant prove that I can still work during the bridging gap of my application.

Thank you

 

[scylla]

What kind of open work permit do you hold? PGWP? IEC/working holiday visa? Something else?

The answer will determine if you ca continue working.

 

[KBH]

Unfortunately there is no such document that you will be able to provide them. If you are indeed able to continue working, it will be due to implied status, which does not carry any associated documentation. Are you currently on an IEC visa?

 

[scylla]

If you're on an IEC/working holiday visa - then you unfortunately have to stop working once the IEC expires and won't be able to start again until the OWP submitted as part of the inland sponsorship application is approved. Submitting the OWP gives you the ability to remain in Canada - however it does not allow you to keep working past the expiry of the IEC. This is because IECs are a special class of work permit that cannot be extended.

 

[cal31]

I am indeed on the IEC work visa. Are you 100% sure about this? im very worried now. I will have to live of my credit card for 2/3 months while I await the decision and may lose my amazing job! is there anything I can do to remain working?

 

[cal31]

Scylla, do you have a link to anything on the cic website that says what you are telling me? Its just I have seen on the CIC website that once your on implied status I can continue working regardless of the work visa type. (its very vague) and I would like to see what you are claiming if possible. thank you for your reply too

 

[WeegieInOttawa]

Hmmmm.. It had always been the case that no you cannot extend your iec but..just read this..

Have the rules changed?!

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=181&top=17

 

[scylla]

Hmmmm.. It had always been the case that no you cannot extend your iec but..just read this..

Have the rules changed?!

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=181&top=17

No, nothing has changed. Did you follow the link provided on this page to read the specific circumstances that allow an IEC to be extended? You have to meet all three criterion to qualify for an extension.

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You can apply to extend your International Experience Canada work permit if:

• you’re a Young Professional or an International Co-op (Internship) participant,
• your employer’s original offer of employment was for a shorter period of time than the amount you’re eligible for, and
• your new offer of employment is
  
  • for the remaining amount of time that you’re eligible for, and
  • with the same employer for the same job (including same location and duties).

 

[scylla]

Scylla, do you have a link to anything on the cic website that says what you are telling me? Its just I have seen on the CIC website that once your on implied status I can continue working regardless of the work visa type. (its very vague) and I would like to see what you are claiming if possible. thank you for your reply too

CIC doesn't specifically spell this out.

However we know from problems others have run into in the past that you cannot continue working after the IEC expiry and doing so is regarded as working illegally. CIC has specifically stated in emails/letters to individual applicants. Some do continue working and some (maybe most?) aren't caught. A small number are caught and then have problems with their PR application process since they've been working illegally.

 

[WeegieInOttawa]

No, nothing has changed. Did you follow the link provided on this page to read the specific circumstances that allow an IEC to be extended? You have to meet all three criterion to qualify for an extension.

-----

You can apply to extend your International Experience Canada work permit if:

• you’re a Young Professional or an International Co-op (Internship) participant,
• your employer’s original offer of employment was for a shorter period of time than the amount you’re eligible for, and
• your new offer of employment is
  • for the remaining amount of time that you’re eligible for, and
  • with the same employer for the same job (including same location and duties).

I had just never even seen that bit before about possibly circumstances to extend.

I have seen a page before (years ago!!) that specifically stated in nice bold red writing that the iec is non extendable full stop.

 

[cal31]

Hi Everyone,

So I called a law firm from this actual website Matkowsky and Associates Immigration Group. She said I can 100% work as soon as I have submitted my spousal sponsorship forms UNTIL they reach a decision on my open work permit (even if my iec visa expires in this time). She said would even write a letter to my employer saying that despite my iec work visa has ended im still legal to employ as per normal until I hear back about wether im successful or not on my new open work visa. She said she has done this several times before for her other clients.

What do you think about this?