Jamesdavid3

This has been discussed over and over many times now and is it possible?

There seems to be people on this message board who are certain that its a definite NO however I know many people who are still continuing to work once their IEC expires and they have already submitted their IN-Land application and OWP.

As you know, your SIN and Work permit ends the moment your 12 months is up on your IEC visa. So proving that to any new employer you can still work is impossible because you cant show them any documentation proving you can still work.

However I know many people who are in this same situation working for huge companies who have still allowed them to work even knowing that their IEC has expired(These HUGE companies wouldn't even take a risk in letting someone work for them who's illegal to work), so they have an expired SIN/Work Permit and they are fine with it, all they have shown their employers is the receipts for the PR application which proves they have applied for PR and that has been enough to let them still continue working.

So how is it possible for the CIC to know you are still working during you're application is in process? As far as I know all they are doing is looking at you're application you have put together putting a file together for you. From 6-10 Months once submitting the application you will get the AIP and you're Work Permit sent to you so you can work again. How would the CIC know you were working before then?

Many Lawyers have also confirmed that its still legal to work once you're IEC visa has expired as long as you have already sent your Inland application with a new OWP.

Former Lancastrian

If the lawyers look in the correct areas then they will find this
Can I extend my International Experience Canada work permit?

No. However, each country has a unique agreement with Canada. Some countries allow participation in the program more than once. If your country's agreement allows participation more than once, you would have to reapply outside of Canada.
http://www.cic.gc.ca/english/helpcen...asp?q=181&t=17

or this

5. I am currently in Canada with a work permit issued under the IEC initiative. My employer would like me to continue working after the permit expires. Is this possible? What should I do?

You may not work in Canada without holding a valid work permit. A work permit issued under the IEC initiative cannot be renewed or extended, so one possibility remains:
If you wish to extend your stay in Canada under Citizenship and Immigration Canada’s Temporary Foreign Workers Program, you must apply for a work permit at least 30 days before the expiry date of your current work permit under the IEC.
Go to Citizenship and Immigration Canada or call 1-888-242-2100 to check the requirements for changing the conditions of your permit or extending your stay in Canada. You should make your inquiries after entry to Canada, while your current work permit is still valid.
http://www.canadainternational.gc.ca...faq.aspx#uk3-5

IMHO there should be a notation on the main CIC website page that deals with extending work permits
http://www.cic.gc.ca/english/work/extend-stay.asp

It should state Work Permits issued under the IEC Programme cannot be extended to alleviate any interpretation.

Jamesdavid3

So everyone I know who is still working...They will get deported or application refused?

Former Lancastrian

Depends on how clued up the CIC employee working at CIC Vegreville is
They could also read this from their own Foreign Workers Manual section 5.34 on page 76 which states
The validity period of a C21 work permit may not exceed the validity period of a participant’s passport. IEC participants may not request to extend their stay under IEC unless the extension is within the original authorized period of stay as per their LOI.
http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

Jamesdavid3

How would the employee know you're working though, All he is doing is sitting at a desk looking at you're application which you have put together. He wouldn't know if you're working still or not.

Former Lancastrian

True but why is the applicant submitting an application for an extension then if they are not working or want to continue working

Jamesdavid3

The Applicant has submitted a Open work Permit at the same time when they submitted the In-Land PR application.

Because he has submitted both of these application before the end of they're current IEC visa's that will grant them Implied status to continue working until they have heard back from the CIC

Siouxie

Wrong. It would give them implied status as a visitor, not as a worker.

Former Lancastrian

The IEC CANNOT be extended therefore No Implied Status based on that.

orly

You're granted "implied" visitor status when the IEC visa expires if you have an application to change to visitor visa submitted and you're waiting to hear back. You can have implied status to work if you're extending a current work permit. That doesn't apply to IEC holders as it can't be extended. Applying for a new permit of a different type isn't the same as "extending".

You can't work in Canada unless you have an actual, completed, approved, permit that says you can.

This is why "outland" applications are nearly always the best route. They're usually way quicker than "inland"

Jamesdavid3

Message from my Lawyer,

I rest my case....

I have spent the last half hour or more on the telephone with an agent at the CIC call centre. I explained to her the problem I am having trying to advise my clients in the circumstance that there seems to be no clear statement anywhere about whether someone in your position would have implied status to continue working after the expiry of your IEC permit and until you receive the open work permit submitted with your in-Canada sponsorship application.

First she said you would have implied status, then she read further and said you wouldn't have implied status.

I then explained the circumstances of my client who received the letter (which I sent you) telling him he will have implied status to continue working after the expiry of his IEC permit and until he receives the open work permit submitted with his in-Canada sponsorship application. As his representative, I was able to refer her to his file on her computer, including the letter telling him that he will have implied status. She read the letter and then told me that she would have to consult a more senior authority, and put me on hold.




It took only a few minutes for her to come back with the answer that the officer who wrote the letter to my client is correct. For you the implication is clear: If you submit an open-work permit application with an in-Canada spousal sponsorship/PR application before the expiry of your currently valid IEC permit, you will have implied status to continue working until your PR application has been "approved in principle" and your new open work permit is issued.

The call centre agent told me that as a result of my query, there will be a change in the wording of CIC's statement that holders of IEC open work permits do not benefit from implied status.

orly

I find this line a lot more interesting. My bold. Confirms what you've been told.

Siouxie

If your lawyer takes the word of a call centre minion over legislation it is time to get a new lawyer.

The call centre is renowned for giving incorrect information.

I would suggest you ask your lawyer to contact the local CIC office and ask them, or better still why don't you make an appointment at your local CIC office and talk to one of the Immigration Officers.

christmasoompa

+1.

Jamesdavid3

Many Lawyers have ALL said that same thing. It just seems like you, I'm sorry to say Un-Experienced lot are probably in the wrong rather than lawyers/officials that say otherwise.

At the end of the day I know Various number of people who have continued to work with NO issues at all and I'm going to do the same.