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Start new job on implied status?

Discussion in 'Canadian Experience Class' started by backendcode, Jul 23, 2014.

  1. Hello Guys, How you doing?

    I really need you help.

    I came to Canada as a international student and my study permit and OCWP(off campus work permit) expired on June 30, 2012. And I already applied for PGWP (Post graduation work permit) on June 11, 2012 i.e. I applied PGWP before expiring my study permit & OCWP. So i was on implied status after june 30, 2012 (Status expired). Then i start working on july 7,2012 (New job on implied status) and i got approval of PGWP on July 17, 2012.

    I wanna ask you, I know i was on implied status and can continue working in Canada but during implied status can we start working with new employer ?

    After research on this i just found this on 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 Regulation provides them the right to continue working or studying under the same conditions, pending a determination of their application for renewal, as long as they remain in Canada. This is referred as "implied status". The temporary foreign worker will have implied status until a decision is rendered by CIC.

    But i am still confused about continue working or start working with new employer

    Thanks a lot :)
     
  2. Your implied status would be based upon your OCWP, would there be any condition on the OCWP that may prevent you switching jobs if you weren't on implied status?
     
  3. This should clarify things - http://www.servicecanada.gc.ca/eng/sin/employers/expiry.shtml

    "Before hiring a new employee

    You must see the employee's existing immigration document authorizing him or her to work in Canada (e.g. work permit, study permit) and verify that it has not expired. If the immigration document has expired, you must ask the employee to contact CIC to obtain a valid document before hiring the employee. You must also inform the employee to apply with the new immigration document to Service Canada for the SIN record to be updated with the new expiry date."


    And that's all she wrote.

    So basically you're stuck in the same job until the new permit comes.
     
  4. Here is the information about my OCWP

    Case Type:24
    Bonded: no
    Employer : any employer


    Remarks : This work permit authorizes the holder to work off campus upto maximum 20 hours per week during regular academic sessions and full time during scheduled breaks. jbd/qrc

    Thanks for quick response :)
     
  5. HEY LPS,

    So you meant I worked illegally during 7 july to 17 july?
     
  6. When did your SIN expire?

    You can work on implied status but you can't work with expired SIN.
     
  7. My sin was expired the time I was getting cheque and my employer was doing deduction of income tax, EI, and cpp and even he ask me SIN at the end of the year when he was filing income tax return and then I got T4 sheet of that year with income on it whatever I work in that year including during expired SIN
     
  8. Well, I hope you don't get in trouble. CRA is clear that a valid SIN is REQUIRED for working at all times. They are flexible to let it go for a few weeks while your permit is being processed and you are on implied status, but you are saying you have been working illegally for more than a few weeks... and this will come up when they analyze your case.
     
  9. ^ The issue isn't really the expired SIN - generally you can continue working in the same job with an expired SIN during implied status - which in most cases would not last more than a few weeks anyway.

    It's whether you can start a new job during implied status. The CRA article I posted above categorically states that employers must not hire someone whose permit has expired (but that they may extend an existing employee during implied status).

    From other discussions we've had on this topic I don't believe it's any different for open permit holders - but others may want to chime in on this if they have direct experience...
     
  10. No need to worry my friend. Updating SIN with new expiry date should be done. Having said that by not updating you did not work illegally. Not having a valid work permit would make your work illegal not an expired SIN. A SIN is not an immigration document, it only help employer make payroll remittances and for you to file taxes at year end. Since you were on implied status and your expired work permit clearly says that you can work for any employer means you are good and did not work illegally.
     
  11. I have to disagree. From the "Social Insurance Number Regulations" (http://www.gazette.gc.ca/rp-pr/p2/2013/2013-05-08/html/sor-dors82-eng.html)

    12. It is prohibited for a person to use a Social Insurance Number Card that has expired or a Social Insurance Number whose period of validity has expired.

    Needless to say, if you are doing something that is not allowed by the law then you are doing something that is not legal => illegal.

    Said that, the only gap is with implied status, which as been correctly discussed in this thread.
     
  12. Jalex23

    why don't you just read and learn new things rather then sticking your nose in every single matter for the sake of confusing people seeking a true honest help.
    implied status means you can continue working under the same conditions of your expired work permit if you have applied for an extension before its expiry date.
    that means while you are going to continue working you will be paying federal tax,CPP,EI and if applicable provincial tax just like you did before your work permit expired and of course that will be done using your expired SIN number because you can't renew your SIN card before the issuance of a new work permit.hence the SIN number does not change when you extend your work permit no matter how many times you do it,the only time it changes is once the applicant becomes PR then will get a new SIN that is not starting with 9 and permanent(no expiry date).
     
    segpresto and LunaMay like this.
  13. First of all, Thank you very much for replying on my post. So I called to CIC and told my story and she told me YES i was able to work in implied status and as long as my OCWP was open work permit so i was able to work for any employer. Long story short, I think IMPLIED STATUS is a status which keep your last status until decision is made on you application by CIC.

    And about my SIN, Yes we should have SIN card to work in Canada and in my case i need to extend expire date on my SIN which was the same number on expired SIN so my employer can make sure i have SIN and he can deposit my tax, EI and CPP but He only saw my work permit and he did tax things at the end of year and then he asked my SIN and at that time i had my new SIN.

    Correct me if I am wrong

    Thanks :)
     
  14. Please calm down and read carefully what I wrote:
    "Said that, the only gap is with implied status, which as been correctly discussed in this thread."

    I specifically stated that implied status is OK and CRA is flexible on this matter. I also annotated that OP may have said he has been working with it for more than a few weeks (12 weeks for implied status is maximum) so this could present a problem.

    Please chill before answering a post.
     
  15. Jalex23,

    you should chill before you answer a post.
    work permit extensions with the same employer could take more then few weeks sometimes if done through paper.
    the maximum period for implied status is 6 months,please review your information carefully before misleading others.
    CRA is aware that foreign workers SIN cards expiry date is tied with their work permits and aware that they can keep working under implied status and this will not affect their deductions (federal tax,EI,CPP).
    to make it simple for you its only the card that expires not the number,the SIN number will only get discarded once you become pr because a new and permanent number is given then.
    CIC allow people to work under implied status for a reason.
     
    segpresto and appleleave like this.

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