Soon to expire IEC - Inland sponsorship - implied status??

[dianarod88]

Hi! I know this topic has been thoroughly discussed in other threads, but I was wondering if anyone knows of any updates made to the IEC/ implied status situation. I am currently on an IEC and will be submitting my inland sponsorship application soon, but my current work permit expires in July and I want to find out for sure whether I qualify for implied status or not (it's looking like no after reading the discussions on this forum). It's my understanding from this forum that because the IEC is not able to be extended, it therefore does not qualify for implied status. Is this still correct/valid?
Is there anything my current employer or union can do to help so that I don't have to stop working and lose my job? Have any exceptions been made to allow for implied status from an IEC work permit? Any help is greatly appreciated! Thank you!!

 

[sipfarms]

Hi! I know this topic has been thoroughly discussed in other threads, but I was wondering if anyone knows of any updates made to the IEC/ implied status situation. I am currently on an IEC and will be submitting my inland sponsorship application soon, but my current work permit expires in July and I want to find out for sure whether I qualify for implied status or not (it's looking like no after reading the discussions on this forum). It's my understanding from this forum that because the IEC is not able to be extended, it therefore does not qualify for implied status. Is this still correct/valid?
Is there anything my current employer or union can do to help so that I don't have to stop working and lose my job? Have any exceptions been made to allow for implied status from an IEC work permit? Any help is greatly appreciated! Thank you!!

From the forum I gathered the same information. Both CIC & Immigration Agent have told me that going from IEC to Partner sponsorship application DOES allow implied status and I could continue working if I don't leave the country until I get my work permit extension approved.

In hindsight, we would look at whether you can lodge an Outland application & see if we can lodge the work permit extension online. If that is possible, both processes are much quicker and would have taken a lot of the stress away.

 

[dianarod88]

From the forum I gathered the same information. Both CIC & Immigration Agent have told me that going from IEC to Partner sponsorship application DOES allow implied status and I could continue working if I don't leave the country until I get my work permit extension approved.

In hindsight, we would look at whether you can lodge an Outland application & see if we can lodge the work permit extension online. If that is possible, both processes are much quicker and would have taken a lot of the stress away.

Thank you for your response!! Hmm interesting that CIC and an immigration agent gave you that info that IEC allows implied status when doing partner sponsorship. Were you able to get that in writing or was it just verbal?
I haven't looked into doing an outland application, but have heard that you can do that even when you're physically in Canada. Now that I've almost completed my inland application I'm not sure if I want to switch to another beast!! :-\

 

[Ponga]

Implied Status does not just apply to those with a soon to expire WP or OWP.

The overwhelming consensus here has been that IEC and PGWP holders will benefit from Implied Status as a visitor, not as a worker.

I wish that CIC would publish something to officially (and finally) end the debate over this issue. It's beyond stupid!

 

[krishnalynn]

CIC is notoriously bad at giving mixed answers on this. You cannot keep legally working under implied status.

 

[dianarod88]

Thank you! I agree that CIC needs to get it together and write something official regarding this issue!

 

[sipfarms]

Thank you for your response!! Hmm interesting that CIC and an immigration agent gave you that info that IEC allows implied status when doing partner sponsorship. Were you able to get that in writing or was it just verbal?
I haven't looked into doing an outland application, but have heard that you can do that even when you're physically in Canada. Now that I've almost completed my inland application I'm not sure if I want to switch to another beast!! :-\

This is in writing from the immigration agent and was confirmed with a phone call to CIC & by face to face meeting with border security officer.

"Yes, even though your initial permit was issued under IEC, and you cannot extend that permit under IEC, you can continue working under “implied status” because you have applied for an open work permit under another process, which is the inside of Canada spousal sponsorship/permanent residence process."

It is my assumption that if a new IEC was applied for (Aussies can do IEC twice) there would be no implied status, but because it's not another IEC there is implied status. This is all I have to go by unless of course there's been actual cases of people in trouble with CIC for working in this situation.

 

[sipfarms]

Just thought maybe the difference is that I currently already have OWP (needed this to work in health field), not an IEC work permit??????? No idea - just trying to make sense of the different information.

 

[sipfarms]

I haven't looked into doing an outland application, but have heard that you can do that even when you're physically in Canada. Now that I've almost completed my inland application I'm not sure if I want to switch to another beast!! :-\

I applied inland 17th Feb 2016. My soon to be sister-in-law (American) lodged after me via outland & this week received confirmation of PR already. Don't know if this was just an almighty exception or whether they've finally got their act together & processing a lot quicker but felt like I'd been kicked in the guts when I haven't proceeded past application received or even got notice of OWP extension yet.

Only difference between my application & sister-in-law is nationality, she's been on study permit while I've been on IEC OWP & she applied outland while I applied inland.

Just food for thought that's all....

 

[volkov]

This is in writing from the immigration agent and was confirmed with a phone call to CIC & by face to face meeting with border security officer.

"Yes, even though your initial permit was issued under IEC, and you cannot extend that permit under IEC, you can continue working under “implied status” because you have applied for an open work permit under another process, which is the inside of Canada spousal sponsorship/permanent residence process."

It is my assumption that if a new IEC was applied for (Aussies can do IEC twice) there would be no implied status, but because it's not another IEC there is implied status. This is all I have to go by unless of course there's been actual cases of people in trouble with CIC for working in this situation.

funny how so many people on this forum keep parroting the opposite with such insistence that the CIC agents are wrong and the forum civilians are right


when faced with the choice whether to believe CIC employees or anonymous people on the internet forums, it seems logical which one to choose, but of course the uncredentialed forum experts will keep insisting that the CIC doesn't know their own rules, lol

 

[starry101]

funny how so many people on this forum keep parroting the opposite with such insistence that the CIC agents are wrong and the forum civilians are right


when faced with the choice whether to believe CIC employees or anonymous people on the internet forums, it seems logical which one to choose, but of course the uncredentialed forum experts will keep insisting that the CIC doesn't know their own rules, lol

It's because CIC call centre employees are really only there to handle basic administrative questions such as checking processing times, what form are needed for which application etc. They are not trained to provide legal advise.

 

[volkov]

It's because CIC call centre employees are really only there to handle basic administrative questions such as checking processing times, what form are needed for which application etc. They are not trained to provide legal advise.

and your source for this is? it seems to me that people are getting direct answers to specific questions from CIC employees... in this thread the person mentions receiving written confirmation as well as verbal confirmation to the same question from multiple CIC sources, I have heard the same consistent answers being given from multiple other CIC employees from other people asking, yet the forum pundits seem to want to disagree with the CIC's own employees and choose to believe the complete opposite, it makes no sense

I tend to believe that the CIC is being run more competently than you people are giving them credit for, and if CIC employees are telling us multiple times that, yes, it is ok to work while on implied status regardless of whether or not your original work permit was renewable or not (IEC or PGWP or whatever), then I am going to believe the CIC employees regardless of how much the forum people agree or not or respect or not

 

[Ponga]

I tend to believe that the CIC is being run more competently than you people are giving them credit for, and if CIC employees are telling us multiple times that, yes, it is ok to work while on implied status regardless of whether or not your original work permit was renewable or not (IEC or PGWP or whatever), then I am going to believe the CIC employees regardless of how much the forum people agree or not or respect or not

Here's one recent example that should undermine your confidence in CIC `always' getting it right:
http://www.canadavisa.com/canada-immigration-discussion-board/inland-applications-2015-t255107.0.html;msg5178848#msg5178848

 

[volkov]

Here's one recent example that should undermine your confidence in CIC `always' getting it right:
http://www.canadavisa.com/canada-immigration-discussion-board/inland-applications-2015-t255107.0.html;msg5178848#msg5178848

never said that a mistake can be made, nobody is 100% perfect

but that is not the case in this discussion, where the CIC is being very consistent in their answers to the same question

 

[Regina]

it is ok to work while on implied status regardless of whether or not your original work permit was renewable or not (IEC or PGWP or whatever)

Do not know about spouses on WP but you definitely cannot work on PGWP after its expiry date. When you on your PGWP and if you applied for PR though EE, and ALREADY got CIC approval- only then you may APPLY for bridging (BOWP) your PGWP till the time you get your PR. You cannot just continue to work under your expired PGWP till you get PR. You have to apply for bridging.

http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp

And no, you could not "extend" you PGWP (without CIC approval of your application thru EE). You may apply for a new just WP but for it, first, you have to get LMIA.

Just a thought: if we apply the same principal to any status in Canada in any process to spouses in inland process on WP , i think they may ask for Open work permit if their initial WP is expiring.

BOWP eligibility parameters
To be eligible for a BOWP, foreign nationals must

be currently in Canada;
have valid status on a work permit that is due to expire within the next four months;
have applied for an open work permit;

Or for Open work permit as a spouse:

you are applying or have already applied for permanent residence under the Spouse or Common-law Partner in Canada class

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17