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

[kangamoose]

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

I had 2 CIC call centre agents inform me that if I left Canada and returned the day after my IEC permit expired I would not have any trouble being allowed back into the country. This couldn't have been further from the truth, I was pulled into secondary and was lucky not to be turned away. CIC call centre agents can give the same answer, it doesn't make it the correct one.

On the topic at hand, when I first applied for IEC/WHP back in 2011 I'm positive the website used to state that IEC didn't benefit from implied status. Back then the IEC/WHP site was not the CIC website, it was the Canadian consulate in Sydney and was far more informative of the process. Maybe that was in relation to applying for another permit (Aussies are only allowed one these days so not an issue now I guess), I'm not sure. I took it as a blanket statement.

A simple explanation on the CIC website would solve the question once and for all...

 

[volkov]

I just called CIC to again ask the same question that has this forum all confused and which they have already repeatedly answered in the same way consistently...

I specifically asked what happens when PGWP expires while waiting for a completely new OWP application to be processed along with PR, and she was 100% certain and assured me that yes, implied status begins when PGWP expires, regardless of the fact that it is a non-extendable WP, and implied status gives one all of the conditions of the original PGWP, one can find a new job, one can continue an old job, etc....

She was very certain and not answering off the cuff, whatever internal documents they have available to them must be quite clear and specific, as she had no hesitation and was very certain.

 

[hchida]

Hi there,
I know this debate of whether IEC or PGWP can benefit from implied status or not, has been discussed over and over on this forum and I probably read all of them and still be confused. Has anybody actually found out by going to the border or being told by CIC or CBSA officer?

I understand that IEC cannot be extended. However it's still workpermit. And I've found this on CIC website. If you choose "other" as answer, it tells you the options which are:

"

What to do when you’re not eligible to extend your International Experience Canada work permit
You can only extend your work permit if:

• your job has been extended
• you want to change employers
• the expiry date on your work permit is wrong
• you’ve received a new passport, or
• you need to remove medical restrictions

If this doesn’t apply to you and you want to stay in Canada as a worker, you have two options.

Option 1:
You can submit a new International Experience Canada profile and you may receive another invitation to apply, if

• you’re eligible for International Experience Canada, and
• your country of citizenship allows more than one participation.

Option 2:
Apply for another type of work permit.

If you apply for a new work permit, you should submit your application at least 30 days before your International Experience Canada work permit expires. This will ensure that you don’t lose legal status in Canada.

If we refuse your application for a new work permit, you must leave Canada before the date indicated on the letter we send you."
http://www.cic.gc.ca/english/work/extend/iec.asp

Does "having legal status in Canada" mean you can keep working if I've already applied for another type of workpermit (my is LMIA based workpermit) before IEC expires? Or does that mean that you can stay but just as a visitor? And when you answer, please provide me the source as well. Thank you so much in advance!!!!!

 

[Gio1908]

II have almost the same questions with HCHIDA. An answer on these questions will be perfect.

I would like to add one question of my current situation. My IEC expired and I applied to extend my OWP with an LMIA but the problem is that I don't I have one and my application most likely is gonna be refused. They told me that I can still work till the refusal comes. What I did yesterday, I just sent a Spouse Sponsorship Application with an OWP application.

My question is.. When the refusal comes do I have to stop working ? Do I have to pay for restoration of status while I had sent already my application for sponsorship?

Any answer to our questions will be awesome.

Thank you

 

[PMM]

Hi

II have almost the same questions with HCHIDA. An answer on these questions will be perfect.

I would like to add one question of my current situation. My IEC expired and I applied to extend my OWP with an LMIA but the problem is that I don't I have one and my application most likely is gonna be refused. They told me that I can still work till the refusal comes. What I did yesterday, I just sent a Spouse Sponsorship Application with an OWP application.

My question is.. When the refusal comes do I have to stop working ? Do I have to pay for restoration of status while I had sent already my application for sponsorship?

Any answer to our questions will be awesome.

Thank you

1. Well you are now working without authorization, as there is no there no implied status with an IEC.
2. You submitted an OWP in which you claimed to have an LMIA, which you didn't
3. If you were out of status, it would appear, you are not eligible for an OWP with an in-canada spousal application.
4. You will have to do a restoration.

 

[PILGRIMPARTNER]

I talked with CIC call centre a few weeks ago. They said my husband could continue working on his OWP as long as it was still valid when we applied. The agent sent me an email that stated that as well. I have her name and agent number and the time I called in case there are problems in the future. IEC cannot be extended (easily) but an open work permit can be. IEC is the way you get the open work permit not the permit itself. Extending a work permit through IEC may not be possible but extending it through other avenues (ie: spousal sponsorship is fine).
I recommend calling and getting a verbal and email from an agent. Take the date, time, length of call and the agents name and number.

 

[PILGRIMPARTNER]

Therefore one will get implied OWP status until a decision is made or package returned like any other OWP as long as the original OWP is still valid.

 

[canuck_in_uk]

II have almost the same questions with HCHIDA. An answer on these questions will be perfect.

I would like to add one question of my current situation. My IEC expired and I applied to extend my OWP with an LMIA but the problem is that I don't I have one and my application most likely is gonna be refused. They told me that I can still work till the refusal comes. What I did yesterday, I just sent a Spouse Sponsorship Application with an OWP application.

My question is.. When the refusal comes do I have to stop working ? Do I have to pay for restoration of status while I had sent already my application for sponsorship?

Any answer to our questions will be awesome.

Thank you

You submitted an incomplete extension app without the LMIA, so your app will most likely be rejected. This means that all work done since your IEC expired will be illegal regardless of the Implied Status debate. The fact that you applied inland with an OWP doesn't change that.

If the app is rejected as incomplete, you will be determined to be out of status as of your IEC expiry. This means that when IRCC goes to process your inland OWP, it will be refused.

 

[Gio1908]

Thank you all you for the responses. So what happens now? I sent already the application but with no restoration. Should I sent again an app with a restoration of status? What will happen with my "illegal work" after the expiry date?

 

[hchida]

Hi I just wanted to give you guys an update on my permit. I applied for a work permit in May along with a positive LMIA. My IEC work permit expired in June but I kept working as my lawyer said I could and I took her words. Last week I got my work permit approved and on that paper, it says at the bottom, TEMPORARY RESIDENT STATUS MAINTAINED AS PER R183 (6). so my understanding is that I worked legally during the wait and that IEC holders COULD have implied status when they apply for another work permit even if it is not through IEC program. Hope it helps people who have the same issue as me!

 

[canuck_in_uk]

Hi I just wanted to give you guys an update on my permit. I applied for a work permit in May along with a positive LMIA. My IEC work permit expired in June but I kept working as my lawyer said I could and I took her words. Last week I got my work permit approved and on that paper, it says at the bottom, TEMPORARY RESIDENT STATUS MAINTAINED AS PER R183 (6). so my understanding is that I worked legally during the wait and that IEC holders COULD have implied status when they apply for another work permit even if it is not through IEC program. Hope it helps people who have the same issue as me!

There has never been any argument that IEC holders who apply for another work permit don't have Implied Status; however, that Implied Status is as a visitor, not a worker.

That statement on your permit does not mean that you were allowed to work. Whether a person is a worker, student or visitor, if they apply to extend or change their status before expiry, they have maintained their Temporary Resident status.

 

[hchida]

There has never been any argument that IEC holders who apply for another work permit don't have Implied Status; however, that Implied Status is as a visitor, not a worker.

That statement on your permit does not mean that you were allowed to work. Whether a person is a worker, student or visitor, if they apply to extend or change their status before expiry, they have maintained their Temporary Resident status.

I believe that maintaining temporary resident status means you can keep doing what you were allowed to do on the previous permit you had as long as you remain in Canada and it is the same kind of permitblike workpermit→Workpermit studypermit→studypermit

This is a quote from CIC website:

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

There is nowhere that says IEC workpermit holders cannot continue working. If you have a source for that, could you please show me?

 

[canuck_in_uk]

I believe that maintaining temporary resident status means you can keep doing what you were allowed to do on the previous permit you had as long as you remain in Canada and it is the same kind of permitblike workpermit→Workpermit studypermit→studypermit

This is a quote from CIC website:

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

There is nowhere that says IEC workpermit holders cannot continue working. If you have a source for that, could you please show me?

Maintaining temporary resident status doesn't mean that you could keep doing what you were allowed on your previous permit. It means that you maintained legal status in Canada.

Examples:

1. A worker who changed their status to student maintained their temporary resident status but was not allowed to continue working or to start studying on Implied Status.

2. A student who changed their status to visitor maintained their temporary resident status but was not allowed to continue studying on Implied Status.


As for the IEC issue, there are many threads on the forum regarding this topic, so you can have a look for them.

 

[hchida]

Maintaining temporary resident status doesn't mean that you could keep doing what you were allowed on your previous permit. It means that you maintained legal status in Canada.

Examples:

1. A worker who changed their status to student maintained their temporary resident status but was not allowed to continue working or to start studying on Implied Status.

2. A student who changed their status to visitor maintained their temporary resident status but was not allowed to continue studying on Implied Status.


As for the IEC issue, there are many threads on the forum regarding this topic, so you can have a look for them.

Yes that's exactly what I said already. I just need a source for IEC not being able to work after they apply for another kind of workpermit. If that's true, there should be a website in CIC stating so. I just don't understand why people keep saying IEC holders cannot keep working even after they apply for new workpermit. Please show me the source.

 

[scylla]

Yes that's exactly what I said already. I just need a source for IEC not being able to work after they apply for another kind of workpermit. If that's true, there should be a website in CIC stating so. I just don't understand why people keep saying IEC holders cannot keep working even after they apply for new workpermit. Please show me the source.

We've had two cases on this forum where individuals who continued working during the implied status period were "caught" by CIC and CIC specifically they were working illegally. In both cases this created problems for PR applications (one was denied landing even after being issued a PR visa). Unfortunately we don't know what happened to them. They never came back to tell us.

There is a letter someone received a while back directly from CIC that confirms you cannot continue working after an IEC expires. It's posted online somewhere and I'll try to find it later. It's from a while back - but the rules between now and then haven't changed.

The short answer is that most people aren't caught by CIC (or CIC knows and doesn't care). So most people get away with working illegally after their IEC expires. Those that are caught end up having pretty big problems. CIC should make the rule clearer on the site. Not sure why they don't do this. That part I think we can all agree on.