implied status

Old Oct 25th 2012, 7:13 am
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Default implied status

Hi,

Just a quick question, If someone thinks they are under implied status but they aren't what will happen when they are caught?

I know someone on an IEC which has expired and they are waiting on an LMO and they are working away as they think they have implied status even though an immigration lawyer has told them they don't.
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Old Oct 25th 2012, 7:35 am
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Default Re: implied status

Hi


Originally Posted by biddyk8
Hi,

Just a quick question, If someone thinks they are under implied status but they aren't what will happen when they are caught?

I know someone on an IEC which has expired and they are waiting on an LMO and they are working away as they think they have implied status even though an immigration lawyer has told them they don't.
If they get caught, usually a departure notice. Loses eligibility to apply for new Work permit for 6 months after returning home, and good chance to being refused, as doubts about returning home after admission expires.
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Old Oct 25th 2012, 4:51 pm
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Default Re: implied status

"Implied Status" as defined by CIC's own Manual OP11 Section 24:

"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 asthe person remains in Canada."

R186(u) states:

" 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."

So it is far from clear that she cannot continue working. CIC's own Manuals seem to indicate she can. Opinions differ on this topic - I know many people on this forum believe she cannot continue working. On the other hand, we had a reported instance of a lawyer advising someone in these circumstances that they were allowed to work. I also know a former visa officer (not the one on this forum) who believes that implied status continues on an IEC visa if the holder has applied for a work permit before it expires.

So I personally believe this lady is not breaking the law ... however I would not advise anyone to do spmething that might lead to a departure order or perhaps an exclusion order ... it seems she decided of her own accord not to take her lawyer's advice.

Last edited by firstchoice; Oct 25th 2012 at 4:55 pm.
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Old Oct 25th 2012, 5:08 pm
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Default Re: implied status

I understand that bit is open to interpretation but they have only applied for the LMO so far, there is no work permit application in place for them to be implied on.
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Old Oct 25th 2012, 5:32 pm
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Default Re: implied status

From what you have said the only thing that has currently been applied for is an LMO, not a work permit - the work permit can only be applied for after the LMO is granted so on that front alone there is no implied status.

I don't know how CIC would 'catch' your friend if at all, as they can't possibly have the resources to trace each and every person at the end of their permits.

All I would say is that your friend should be very careful - because if they ARE caught (like I say by what means I have no idea) they would likely be deported.

Not much else you can do or say really.
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Old Oct 25th 2012, 5:39 pm
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Default Re: implied status

Correct ...Implied status ... On an LMO? No way this person is allowed to work.

They could try applying for Restoration and explain the circumstances ... but I think they are hooped. In the meantime this person needs to stop working.

No, CIC do not have the resources to follow up every case, but at some point this person is going to be applying for a work permit or permanent residence and at that point it could be discovered that they were out of status.
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Old Oct 25th 2012, 6:12 pm
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Default Re: implied status

Originally Posted by firstchoice
Correct ...Implied status ... On an LMO? No way this person is allowed to work.

They could try applying for Restoration and explain the circumstances ... but I think they are hooped. In the meantime this person needs to stop working.

No, CIC do not have the resources to follow up every case, but at some point this person is going to be applying for a work permit or permanent residence and at that point it could be discovered that they were out of status.
Surely their Sin has an expiry date to the end of the IEC visa? Wouldn't that produce some sort of red flag if an employer was still making deductions from a person with an expired Sin???
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Old Oct 26th 2012, 12:38 am
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Default Re: implied status

Originally Posted by mandymoochops
Surely their Sin has an expiry date to the end of the IEC visa? Wouldn't that produce some sort of red flag if an employer was still making deductions from a person with an expired Sin???
Whats to say the employer isnt paying the person under the table so to speak. No Implied Status on IEC.
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Old Oct 26th 2012, 1:52 am
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Default Re: implied status

You are entitled to your opinion, but what they should have done is applied for a work permit in time.

Not deducting tax is a separate issue, but this is accusing the employer of breaking the law, and I see no proof of that.

The SIN card issue is a thoughtful point, but if you read the Operational Bulletin and the Regulation, it states they are allowed to continue working in these situations without a work permit, provided they have applied for one. Not even someone on a regular work permit is going to be able to extend the validity of their SIN card in that situation.

The primary authority in these matters is the Immigration Act and Regulations, followed in priority by the Operational Bulletins, which instruct CIC employees in the field as to how to apply the Act and Regulations.
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Old Oct 26th 2012, 10:23 pm
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Default Re: implied status

If it were me I'd keep my head down, keep working, and hope the LMO comes through before anything untoward happens. The problem may resolve itself that way.

If the person make an inquiry as to their status now then it'll likely all end in tears.
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