Extend Bunac Visa Implied Status

Old Jan 24th 2011, 10:29 am
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Default Extend Bunac Visa Implied Status

Hello,

I am trying to get a full years experience at my company that I am working for in Canada so that I can apply for PR as a skilled worker. I am on a one year bunac work visa and will be 6 weeks short of a full year when the visa expires.

I have been informed by a certified immigration consultant that I can apply for an extension to my current Bunac work visa and continue working under implied status until they come back with a negative answer. I know and they know that the answer will be a no because you cannot extend this visa however is it correct that I can keep working until the result comes back. Hence getting my full year and being able to apply to the permanent resident program?

I am waiting on the result of an LMO application just now also but want to have all bases covered.

Thanks in advance for your response.

Phil
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Old Jan 24th 2011, 11:13 am
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Default Re: Extend Bunac Visa Implied Status

Hi

Originally Posted by philgash
Hello,

I am trying to get a full years experience at my company that I am working for in Canada so that I can apply for PR as a skilled worker. I am on a one year bunac work visa and will be 6 weeks short of a full year when the visa expires.

I have been informed by a certified immigration consultant that I can apply for an extension to my current Bunac work visa and continue working under implied status until they come back with a negative answer. I know and they know that the answer will be a no because you cannot extend this visa however is it correct that I can keep working until the result comes back. Hence getting my full year and being able to apply to the permanent resident program?

I am waiting on the result of an LMO application just now also but want to have all bases covered.

Thanks in advance for your response.

Phil
1. You know and Immigration knows that Bunac is can not be extended. You will not be on implied status, and any work you do without a valid work permit is not counted. From adaptability

Previous work in Canada
You, or your accompanying spouse or common-law partner, have completed a minimum of one year of full-time work in Canada on a valid work permit.
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Old Jan 25th 2011, 2:14 am
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Default Re: Extend Bunac Visa Implied Status

Thanks for the reply. I understand that the result will come back as "no" but will I legally be allowed to continue working in the country until they say no. i.e. the 2 month processing time for these requests. As soon as the result does come back as a no I understand that I would no longer be allowed to work and no longer be on implied status.

All I need to know is whether what I have said above is true or not given that I have been told this by a certified immigration consultant here is Canada.

All I have to do is obtain 1 years work experience to meet the minimum requrements to apply to the skilled worker program as a PR. This is does not have to be in Canada so I do not see how your previous quotation applies.

The only other question I have is how the full years work experience is based. Is it based on the number of hours in a year, i.e I could obtain a full years work experience in 10 and a half months or is it based on a calandar year at full time regardless of the hours worked?
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Old Jan 25th 2011, 2:20 am
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Default Re: Extend Bunac Visa Implied Status

Work experience requirements for skilled worker

Your work experience must be:

•for at least one year, continuous, and paid (full-time or the equivalent in part-time), AND
•Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list, AND
•within the last 10 years.

It says nothing about working in canada under a valid work visa as long as I can get a full year of continuous work experience. Also the fact that it says the equivilent in part time says to me that the whole thing is based on hours worked.
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Old Jan 25th 2011, 5:54 am
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Default Re: Extend Bunac Visa Implied Status

Hi

Originally Posted by philgash
Work experience requirements for skilled worker

Your work experience must be:

•for at least one year, continuous, and paid (full-time or the equivalent in part-time), AND
•Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list, AND
•within the last 10 years.

It says nothing about working in canada under a valid work visa as long as I can get a full year of continuous work experience. Also the fact that it says the equivilent in part time says to me that the whole thing is based on hours worked.
Please read previous work in Canada on the adaptability factor http://www.cic.gc.ca/english/immigra...aptability.asp
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Old Jan 25th 2011, 6:16 am
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Default Re: Extend Bunac Visa Implied Status

I have a masters degree so I'm not really concered about making points in the adaptability section. I just need to meet the minimum requirements of the skilled worker program which doesn't require any experience in Canada, just 1 years experience anywhere.
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Old Jan 25th 2011, 8:13 am
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Default Re: Extend Bunac Visa Implied Status

How old are you Phil?

Under the new IEC rules you might be able to get another WHV.
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Old Jan 25th 2011, 8:42 am
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Default Re: Extend Bunac Visa Implied Status

I am 26. I had a student bunac visa 2 years ago and am now on the non student visa. What are these rule changes and is it possible to get a new visa?
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Old Jan 25th 2011, 8:47 am
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Default Re: Extend Bunac Visa Implied Status

Implied status
(Replaces OB 092 – January 15, 2009)
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.
If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.

There is no specific about what kind of temporary resident.
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Old Jan 25th 2011, 9:23 am
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Default Re: Extend Bunac Visa Implied Status

I don't know the In's and Out's but people are now entitled to 2 and they have done away with the whole student and non-student thing.

I'd give BUNAC a call if I were you.
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Old Jan 25th 2011, 10:08 am
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Default Re: Extend Bunac Visa Implied Status

Originally Posted by philgash
I am 26. I had a student bunac visa 2 years ago and am now on the non student visa. What are these rule changes and is it possible to get a new visa?
Under the new IEC rules you can have another 2 one year visa's. Your previous visa's under the old scheme don't count
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Old Jan 28th 2011, 6:02 pm
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Default Re: Extend Bunac Visa Implied Status

just a heads up, you cant apply for another visa through BUNAC until your current WHV expires.

...it is true that you can apply a further 2 times under the new scheme though. one step closer to the deal those jammy aussies get hopefully!

im looking into 'flagpoling' to the US to extend to a visitors visa vs applying for a visitors extension on my WHV at the moment. stressful!
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Old Jan 28th 2011, 7:40 pm
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Default Re: Extend Bunac Visa Implied Status

you cant apply to bunac before your first one expires, but international experience canada dont have this rule listed on their website so get another working holiday visa through IEC (not bunac)

yes you can apply 2 times through IEC or bunac even if you have had working holiday visas in the past.

Last edited by chanceUK; Jan 28th 2011 at 7:43 pm.
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