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Old Oct 30th 2017, 8:24 am   #1
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Default Visitor Visa

Hello all,

Can anyone tell me if a Visitor Visa (inland) e-application was made on 28th September, paid and accepted by IRCC but with no request for further information or any other communication, would the applicant have status to remain in Canada until the decision is made as this implies? http://www.cic.gc.ca/english/resourc...ty/implied.asp

Our daughter's IEC expires 11th November, she has applied for PR and wants to remain in Canada pending outcome. As we have managed to get so much wrong with all of the various stages and interpretations of IRCC documents, just want to ensure she has legal status as a visitor until the Visitor Visa is approved or declined.

I have searched for this on the forum, finding an old thread where Snowy560 confirmed to another poster that by just applying there is implied status but can anyone provide the link if different from the one above?

TIA

Last edited by monkeyspanner; Oct 30th 2017 at 9:02 am. Reason: include link
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Old Oct 30th 2017, 10:21 am   #2
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Default Re: Visitor Visa

Yes that is correct
A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.
Temporary resident : Implied status (extending a stay)

She cannot work until she gets the BOWP as her initial work permit was issued under the IEC.
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Old Oct 30th 2017, 11:10 am   #3
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Default Re: Visitor Visa

Thank you so much FL once again!

Will she be able to use the BOWP though as she has nothing to 'bridge' it from, if you see what I mean as the IEC is invalid for extension thus applying for the BOWP, or is the important part what she is 'bridging' from i.e her PR application and to, her full PR? Am I missing something here?

Has she done anything wrong by first applying for her VV as 'insurance' against having to leave when her IEC expired as she didn't have her e-AOR until the 18th Ocotober, then after reading these pages below and giving her answers she assumed she could apply for the BOWP which she did on 26th October:

Extend or change your work permit – International Experience Canada
She answered truthfully 'other' leading to Extend or change your work permit – International Experience Canada Option 2chooseing 'Apply for another type of work permit'
Types of work permits chooses 'my job isn't on the list' , 'already living or working in Canada and wanting to stay permanently' and 'You've applied for permanent residence under Express Entry.'
Types of work permits for your situation

International Mobility Program: Provincial nominees and permanent residence applications – Bridging open work permits for certain federal economic class applicants

....and this as she has a current work permit and has applied for PR ://www.cic.gc.ca/english/work/apply-who-eligible.asp

Can she get into hot water with CIC/her PR application, as she has three visa apps, firstly VV secondly PR and last, BOWP.

Would you know if she could withdraw the application for BOWP, as this was a genuine misinterpretation of conversion/change of IEC on her part or would you view this as worth keeping as the BOWP could be passed after R10 completeness test stage and before PR?

TIA again

Last edited by monkeyspanner; Oct 30th 2017 at 11:15 am. Reason: error
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Old Oct 30th 2017, 11:12 am   #4
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Default Re: Visitor Visa

She is perfectly entitled to apply for a BOWP (and assuming eligible, to get one). She gets implied status as a *visitor* after applying to switch to visitor status. She just can't work after her IEC expires unless she has a BOWP or her PR.

So she's done nothing wrong at all, and has applied for exactly the right things. The only thing she needs to not do, is work after 11th November, unless her BOWP is through by then.

HTH.
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Old Oct 30th 2017, 11:22 am   #5
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Default Re: Visitor Visa

Quote:
Originally Posted by christmasoompa View Post
She is perfectly entitled to apply for a BOWP (and assuming eligible, to get one). She gets implied status as a *visitor* after applying to switch to visitor status. She just can't work after her IEC expires unless she has a BOWP or her PR.

So she's done nothing wrong at all, and has applied for exactly the right things. The only thing she needs to not do, is work after 11th November, unless her BOWP is through by then.

HTH.
Thank you, thank you, thank you and thank you once more and of course FL for putting our mind at ease.

Do you understand why the CIC processing page says it's updated weekly but last update was 7th Octobers says 7 days for e-applications for VV but applications from 30th September are being processed currently. My daughter is freaking out as her app was 28th September with no communications whatsoever! She intends to ring today but I don't hold out much hope she will get an answer.

So much gratitude to you both X
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Old Oct 30th 2017, 6:36 pm   #6
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Default Re: Visitor Visa

Hi

Quote:
Originally Posted by monkeyspanner View Post
Thank you, thank you, thank you and thank you once more and of course FL for putting our mind at ease.

Do you understand why the CIC processing page says it's updated weekly but last update was 7th Octobers says 7 days for e-applications for VV but applications from 30th September are being processed currently. My daughter is freaking out as her app was 28th September with no communications whatsoever! She intends to ring today but I don't hold out much hope she will get an answer.

So much gratitude to you both X
1, You seem to keep looking in the wrong area. Your daughter is not applying for a visitor visa, she is applying for an extension as a visitor. The processing time for a paper application is 118 days and on line 115 days.

See: Check application processing times
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Old Oct 30th 2017, 7:41 pm   #7
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Default Re: Visitor Visa

Quote:
Originally Posted by PMM View Post
Hi



1, You seem to keep looking in the wrong area. Your daughter is not applying for a visitor visa, she is applying for an extension as a visitor. The processing time for a paper application is 118 days and on line 115 days.

See: Check application processing times
Thanks very much for this PMM, she just assumed that it was a Visitor visa and not an 'extension' as she considered this to be her first application as a 'visitor'. As the IEC conferred certain privileges on her such as being able to work, unlike the Visitor visa, it is a difficult leap to make!

She has already applied and submitted on 28th September but I can't remember which box she ticked out of *extension to my temporary resident status or *Initial temporary resident permit or extension of temporary resident permit, but would guess the second. Does this matter as both have the extension category?

TIA again
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Old Oct 30th 2017, 9:25 pm   #8
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Default Re: Visitor Visa

Hi

Quote:
Originally Posted by monkeyspanner View Post
Thanks very much for this PMM, she just assumed that it was a Visitor visa and not an 'extension' as she considered this to be her first application as a 'visitor'. As the IEC conferred certain privileges on her such as being able to work, unlike the Visitor visa, it is a difficult leap to make!

She has already applied and submitted on 28th September but I can't remember which box she ticked out of *extension to my temporary resident status or *Initial temporary resident permit or extension of temporary resident permit, but would guess the second. Does this matter as both have the extension category?

TIA again
1, I hope that she checked the box extension of my temporary residence status not a temporary resident permit, which is an entirely different thing. TRPs (temporary resident permits) are only issued to persons who are inadmissible to Canada, she is not.
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Old Oct 30th 2017, 9:33 pm   #9
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Default Re: Visitor Visa

Quote:
Originally Posted by PMM View Post
Hi



1, I hope that she checked the box extension of my temporary residence status not a temporary resident permit, which is an entirely different thing. TRPs (temporary resident permits) are only issued to persons who are inadmissible to Canada, she is not.
Just looked and she has checked the right box!!!

Thanks for your time, patience and help with all of this.
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Old Nov 6th 2017, 9:25 pm   #10
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Default Re: Visitor Visa

She is perfectly entitled to apply for a BOWP (and assuming eligible, to get one). She gets implied status as a *visitor* after applying to switch to visitor status. She just can't work after her IEC expires unless she has a BOWP or her PR.

So she's done nothing wrong at all, and has applied for exactly the right things. The only thing she needs to not do, is work after 11th November, unless her BOWP is through by then.

HTH.

Hello again Christmasoompa,
Sorry to trouble you again but my daughter has just messaged to say IRCC have confirmed in 2 different telephone calls that she is able to work on implied status. She said the agent told her the implied status is not because of the pr..it’s because she's applied for the bowp so she's riding between IEC which is an open work permit to a new open work permit. the agent said it definitely means she has implied status and can work for any employer.

A reputable immigration law firm was also consulted but spoke only to a paralegal who framed it like this: 1) The work permit she has derives from an IEC visa. The IEC visa cannot be extended. With the BOWP you are applying for a work visa to allow you to work whilst your PR is assessed not an extension to the work permit derived from the IEC. Implied status applies when you are applying to extend a work visa. So this argument would say you can only work when the BOWP is approved. OR 2) You have applied for a BOWP whilst having a valid work permit and this gives you implied status whilst the BOWP is assessed.

I completely understand all of the efforts you and all the other fantastic people on this forum put into giving the most tremendous advice and support to all the rest of us stumbling around in the dark, but can you throw any further light or comment on this 'new' information.

I've read the wiki and looked at a response you made to a poster in June 2016 regarding this area and I can find nothing to indicate that there has been any IRCC update or changes to how IEC expiry and extension of work permits are treated.

We have advised her to send a CSE to request confirmation of the 2 telephone conversations and the positive response to her being able to work so that it is in writing, but this will not be responded to unless the applicant is out of normal processing times! EDIT: She has completed a webform to try to get a definitive response even though we know the response...grrrrrh!!

Thanks for reading and for your continued support and to anyone else who can untangle this web, please feel free to jump in

Last edited by monkeyspanner; Nov 6th 2017 at 10:24 pm. Reason: addition
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Old Nov 6th 2017, 11:29 pm   #11
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Default Re: Visitor Visa

Hi


Quote:
Originally Posted by monkeyspanner View Post
She is perfectly entitled to apply for a BOWP (and assuming eligible, to get one). She gets implied status as a *visitor* after applying to switch to visitor status. She just can't work after her IEC expires unless she has a BOWP or her PR.

So she's done nothing wrong at all, and has applied for exactly the right things. The only thing she needs to not do, is work after 11th November, unless her BOWP is through by then.

HTH.

Hello again Christmasoompa,
Sorry to trouble you again but my daughter has just messaged to say IRCC have confirmed in 2 different telephone calls that she is able to work on implied status. She said the agent told her the implied status is not because of the pr..it’s because she's applied for the bowp so she's riding between IEC which is an open work permit to a new open work permit. the agent said it definitely means she has implied status and can work for any employer.

A reputable immigration law firm was also consulted but spoke only to a paralegal who framed it like this: 1) The work permit she has derives from an IEC visa. The IEC visa cannot be extended. With the BOWP you are applying for a work visa to allow you to work whilst your PR is assessed not an extension to the work permit derived from the IEC. Implied status applies when you are applying to extend a work visa. So this argument would say you can only work when the BOWP is approved. OR 2) You have applied for a BOWP whilst having a valid work permit and this gives you implied status whilst the BOWP is assessed.

I completely understand all of the efforts you and all the other fantastic people on this forum put into giving the most tremendous advice and support to all the rest of us stumbling around in the dark, but can you throw any further light or comment on this 'new' information.

I've read the wiki and looked at a response you made to a poster in June 2016 regarding this area and I can find nothing to indicate that there has been any IRCC update or changes to how IEC expiry and extension of work permits are treated.

We have advised her to send a CSE to request confirmation of the 2 telephone conversations and the positive response to her being able to work so that it is in writing, but this will not be responded to unless the applicant is out of normal processing times! EDIT: She has completed a webform to try to get a definitive response even though we know the response...grrrrrh!!

Thanks for reading and for your continued support and to anyone else who can untangle this web, please feel free to jump in

1, The IRCC "misinformation call centre" strikes again. If she was holding any other work permit, and was eligible for an extension, then she would have implied status. An IEC is a work permit that is NOT extendable.
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Old Nov 7th 2017, 7:48 am   #12
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Default Re: Visitor Visa

Thanks once more PMM,

Yes, our thinking too but as we understand so very little of the process (and it shows) we need the comfort from others with greater experience of IRCC.

I should also say I made an error in my OP of yesterday regarding the Canadian paralegal/lawyer, as after posting we tried to checked him out. Apparently, he has the RCIC registration and is listed. He categorically stated on 3 separate occasions in the telephone conversation that the applicant has implied status and thus can work, generated by being repeatedly asked about working after the expiry of an IEC.

So very confused that those charged with giving correct information to the public and others who are seemingly professional immigration advisors, manage to muddy the already murky depths of IRCC 'waters'.

My daughter has sent a webform enquiry to IRCC to try to get further information regarding the agents erroneous information given to her, so will update here if and when she receives any kind of sensible response.

Last edited by monkeyspanner; Nov 7th 2017 at 9:23 am. Reason: edit
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Old Nov 7th 2017, 10:14 am   #13
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Default Re: Visitor Visa

There's a whole sticky thread about the IEC and implied status, I'm assuming you've read that? Remember that your daughter is only speaking to (and emailing) call centre staff who have no immigration law knowledge at all and are just reading off a script (hence the oft used 'misinformation line' nickname for the CIC helpline).

The relevant law is on the sticky thread, if you read that again then it sets out why implied status isn't applicable.

As an aside, I think it would be worth your while asking your daughter to set up her own account on BE, it would be better to hear about her situation from her directly and make things much easier IMO.

HTH.
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Old Nov 7th 2017, 12:04 pm   #14
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Default Re: Visitor Visa

Thanks again Christmasoompa,

I have read the Wiki and will reacquaint myself with it this evening.
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