Work permit and implied status: some questions

[efbi]

Hi everybody!!!

I read a lot of posts here, but I've still some questions for you.

First of all, this is my situation:
I've a IEC work permit that expires on November 14. Now I'm working as cook and my boss has sent the LMO request on October 24.

In the next days I'll have to send the request for a new work permit, just to go in the implied status. I'm pretty sure that this first request will be rejected since it won't have the LMO attached (considered the processing time for this document).

In the work permit form, it'll be reported my partner. We're in common-law and he is here with the same IEC work permit of mine.

Having said that, these are my "Hamletic" questions:

• I saw that the processing time for work permits sent by mail is a little longer than one necessary for work permits submitted on-line. So, if I send my request by mail I should "earn" some implied status days. What do you think about?
• At now, my spouse isn't working. Can he look for a job during the implied status? How can he demonstrate his status to an employer?
• How can I know when the implied status expires?
• When it will happen, can I go to the States for a while (we have relatives there) and than come back to Canada as tourist (we're Italian, so visa exempted) until I receive the LMO? In this way we want avoid to pay for a Restoration of status.

I hope to have been pretty clear with my English ???

Thanks a lot for your help

Bye

 

[supa-g]

1. It doesn't matter how you will send a new application for work permit, most important is to include proof of submitted LMO application with your work permit application. They will give you 60 days to send your positive LMO. If you will not provide LMO during that time, your work permit application will be refused.
2. From my understanding, your partner cannot apply for new work permit, if he doesn't have employer, who wants him provide a job offer.
3. Implied status expires when decision is made on your case
4. read this:
However, what happens if the worker leaves the country briefly while awaiting a decision on an extension? When he returns to Canada, can he return to work while he continues to wait for the extension application to be processed?

The relevant section of the Immigration and Refugee Protection Act states that “if a temporary resident has applied for an extension…the period is extended…until a decision is made”. This seems to apply to temporary workers since they are classified as “temporary residents”. It contains no limitations for brief departures.

However, in an unrelated part of IRPA, i.e. the part which deals with those foreigners who are allowed to work in Canada without a work permit, the Act includes a provision which clouds the issue. It says that a person can work in Canada without a permit if they made a timely application for an extension and “if they have remained in Canada after the expiry of their work permit”.

Needless to say these two provisions suggest different answers and have caused quite a bit of confusion. The first provision suggests that the worker who briefly departs Canada continues to have implied status while the second suggests that they can’t return to work in Canada after a brief absence while awaiting processing. As a result, port-of-entry officers have been dealing with this scenario inconsistently.

On January 15th, the immigration department issued a bulletin ostensibly clarifying this situation. Indeed, a foreign worker who leaves Canada in these circumstances can re-enter Canada as a temporary resident but only if they are from a visitor visa exempt country or if they have a multiple entry visa. However, they will lose their right to work here “until their application for renewal has been granted”.

This result makes little sense from a public policy point of view.

Wasn’t the whole point of “implied status” to avoid disrupting Canadian employers and their businesses while their lawful foreign workers wait for Vegreville to process an extension request?

The answer to our question is now “clear”. However, the rationale for allowing the re-entry of a worker who left Canada with “implied status” but denying him the right to return to work while his work permit is being renewed is far from it.

All my answers are based on my own experience, the best thing is to consult immigration lawyer

 

[efbi]

Hi supa-g
thanks for your information.

With reference to point 2, sure, my partner can't require a new work permit, but he will be able to obtain a new one like extension of mine (if I obtain my new wp).
Anyway, since he has now a IEC work permit (with the same expire date of mine) and his name will appear on my new work permit request form, I guess that the implied status will be valid for him too.
If this is correct, it's not clear to me if he can find a new job during the implied status.
Thanks again