JoolsGod

Hello,

We are here on work permits that have expired along with the SIN numbers. We have a new positive LMO and the application for a renewed work permit has been submitted for some weeks now.

My question is, if i am offered a new job before the renewed work permit is returned, can i accept it on the implied status we currently have? Would i have a problem with the expired SIN number?

Does anybody know?

Cheers!

AmyDavid

I'm a bit confused - if you have an LMO and work permit in process - why would you be looking for another job?

JoolsGod

We have been working here for 2 years. My husband is the main applicant and i have an open work permit on the back of his permit.

I have been approached by another company about a possible opportunity and i am awaiting a final interview. Our application for PR is also in the works.

Was just wondering if anyone knew if it was possible to change jobs in this situation?

Thanks

PMM

Hi

No, you can't change jobs under implied status.

JoolsGod

Thanks for your answer, hopefully new permit will be through any day!

morungos

My partner was in exactly this situation and it seemed -- after some high-level contacts with ServiceCanada -- that it *was* possible to take a new job on an open work permit under implied status. In our case, it fell through unfortunately (the employer was made nervous anyway), but that was the message that came back from ServiceCanada.

The statements on implied status are somewhat contradictory, but it seemed that implied status gives continuation on the terms and conditions of a work permit. An open work permit allows change of jobs, therefore that continues too. It might be worth checking this out with ServiceCanada.

I hope it works out for you.

JoolsGod

Yes, thanks so much for your reply. That givs me a bit of hope as i would be gutted to miss out on this opportunity if it presents itself.

I will call Service Canada so i can be as upfront as possible with the perspective employers mvoing forward.

Cheers!

PMM

Hi
1. Service Canada is not the arbiter of Immigration decisions.
2. The OPs OWP is tied to her spouses work permit, her spouse no longer has a valid work permit. The OP could continue working at her present employer under implied status (although it probably wouldn't apply in her case if CIC decided to get sticky) but changing to a new employer without a valid work permit is a no-no

morungos

True, ServiceCanada is not the arbiter of immigration decisions, but implied status exists because no immigration decision has yet been made. The rules on implied status are pretty clear:

R186: "A foreign national may work in Canada without a work permit ... (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date." (source: Immigration and Refugee Protection Regulations: SOR/2002-227).

This seems pretty clear: on implied status, the conditions of the work permit continue until an immigration decision is made. We did check this situation with ServiceCanada and with our immigration lawyer (who is one of the foremost in the country, and who was prepared to write a letter to employers confirming this situation).

If you have a better source for the condition of requiring a valid/current work permit to start a job, I'd be curious to know what it is.

JoolsGod

So Service Canada basically said that it was up to the employer if they chose to employ me while i had an expired work permit and sin number. I asked what repercussions this would have on them if they did that and would they get into trouble and she just replied " No they would not get into trouble".

The immigration consultancy that is working for my husbands employer has said as my permit is open and the implied status means my permit continue's on as it was, then they would consider it OK.

So, very confused. Have interview next week, will just lay it all out for them and see what happens.

Thanks for the advice.

nikki dreaming

I would be inclined to take PMM's advice here, hope you get the new wp back soon

CanadaJimmy

I've always wonder what actually happens if another company makes tax payments to your SIN number, do you get a strongly worded letter from CIC to your address on file?