Siouxie

2 lawyers out many Immigration experts, consultants and lawyers is hardly "many".

Unexperienced isn't even a word.

We have ex CIC officers, BSO officers, Immigration Consultants and Lawyers in the forum - none of whom have agreed with your hypothesis.

If you wish to accept incorrect information from the CIC call centre then that is your prerogative.

ninaDGBCA

Just thinking that it would be a good idea if CIC would put a clear statement on their website stating either " IEC holders can get implied status if..." or "Under the IEC one cannot get implied status under any circumstance or visa application in process etc" that would make life so much easier and would avoid these discussions on BE.

Regarding the "unexperienced lot" I got tons of good and knowledgeable advice from them, something I can't say about the CIC call center

Former Lancastrian

And that is your prerogative based on information you perceive to be true.
These cases only come to light when Inland Enforcement officers of the CBSA are made aware of potential overstays or illegal workers or they actually visit premises.
In extreme cases persons will be arrested/detained by CBSA officers and reported and sent to an Admissibility Hearing in front of the IRB member who will then decide on the outcome based on evidence provided.
If they can prove their case then they will be issued Removal Orders.
Note it is not CIC officers dealing with this but CBSA officers carrying out CIC legislation. If the rules were made simpler for lay persons to understand then there might not be as many problems unfortunately the legislation is written by lawyers for only lawyers to understand and even then some lawyers get it wrong.
If a person has made a good faith attempt to comply with the rules then this will be taken into consideration should they be reported.
Simple laws mean simple understanding but then this approach might lead to the reduction in the number of lawyers required which will never happen

PMM

Hi



You may wish to read the following posting where a person on an IEC applied for "in-Canada" spousal sponsorship.

"Soon after her IEC work permit expired she keep working because she thought she has a implied status. Year later
She received letter from case officer from CIC that she is working illegally and your file will be transfer without AIP and in the letter in the stating that

"your current work permit obtained through IEC cannot be extended, nor can you apply beyond the validity period originally authorized as per your letter of Introduction. The work permit implied status not apply to you "

And case officer write off this case from Vegreville and transfer this case to local immigration office with out AIP.

orly

My lawyer didn't. They told me precisely what I've told you.

christmasoompa

Inexperienced? So a visa officer, CBSA immigration officer and several lawyers are all inexperienced are they?! Hate to know what you'd class as somebody that's actually experienced in Canadian immigration law.....oh yes, that'll be the call centre muppet that's reading off a script but telling you what you want to hear.

Jamesdavid3

uhhh no, A visa officer, CBSA immigration officer and several lawyers have all CONFIRMED THAT WE CAN still continue working once the IEC has expired.

Its people on here who seem to be the Inexperienced ones.

christmasoompa

Erm......they were the visa officer etc I was referring to. That's why I found it amusing that you were calling forum members 'unexperienced' [sic] when they're anything but. We have several professionals on here that kindly give their time/advice/experience for free.

They're the ones that will potentially decide whether to refuse your application and/or deport you for working illegally, and yet you're still ignoring their advice.

orly

Well you make your choice and go with it. Don't be surprised if you get caught out at some point.

Jamesdavid3

Well if They're the ones making this choice they should make it more clear for the public, there are hundreds of people in the same situation as me and its such a GREY area. A lot of people are calling it a loophole to stay and continue to work as there is no correct right or wrong.

orly

Loopholes and grey areas aren't exactly solid "yes - it's fine" answers though.

At the end of the day it's up to you. The best choice if you're on an IEC is to file outland and hope you get through in time. If you don't think it'll happen, save up in advance and then sit it out on an actual implied visitor status/actual visitor visa.

Siouxie

+ 1 (million)

ninaDGBCA

Which visa officer and CBSA immigration officer did you actually speak to apart from the ones on the forum? Just nosy as we never got hold of them when we were waiting for our PR to come through The CIC call center people and their supervisors are not visa officers nor immigration officers.


This is from the official CIC website http://www.cic.gc.ca/english/helpcen...asp?q=188&t=17


I have applied for a new work permit. Can I stay in Canada if my work permit expires?

Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.

If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.


The way I read this is that if you had a work permit that was extendable, which the IEC is not, and applied for a new one of the same kind you could work but as you are applying for a different kind of work permit you cannot work. You can get implied status though until an application for a visitor visa comes through and remain in Canada but are not allowed to work.

I might be wrong though as I am entirely inexperienced

Siouxie

You obviously want to disregard any information or advice being given that doesn't go in line with what you want to do. Despite several Immigration specialists and a BSO officer telling you that you are incorrect in your supposition, you choose to interpret the regulations to suit your needs.

There is no loophole.

You can only work on implied status if the work permit you currently have is extendible. An IEC isn't.

I can't see any point in continuing this thread and so.......

Thread closed.