Originally Posted by firstchoice (Post 10389094)

Since you have applied for the work permit already, I will tell you that CIC are correct in my view that he can continue working.

What appears on the CIC website is not the Law. They may try to keep it accurate and up-to-date, but they do not always succeed. It is the Immigration and Refugee Protection Act and the Regulations that govern whether what you an CIC do is legal or not.

In this case, it is Regulation 186 that governs the situation:

"186. 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."

Your husband has indeed applied under R.201 (1) which reads:

"201. (1) A foreign national may apply for the renewal of their work permit if

(a) the application is made before their work permit expires; and

(b) they have complied with all conditions imposed on their entry into Canada."

Your husband is not asking for an extension of the IEC work permit - he has applied for a new work permit. What the Regulations state is that he can continue working, even though he does not have a work permit.

There are some difficulties with this approach though - e.g. if the work permit is refused, he has to leave Canada immediately, also if you read this forum carefully, you will find that Canada Border Services Agency does not always agree with the advice you received from CIC, so if he follows this approach, your husband could face difficulties some time in the future when he tries to re-enter Canada. It is up to you to decide what to do. It would be interesting to know what CIC tell you when you call them on Monday, and what ends up happening.

Originally Posted by Emmasuede (Post 10389110)

OK that is very interesting and confusing! What you have said is basically the information I received the last time I called CIC, which is why I was feeling comfortable that we could get the implied status. The lady even stated that because we were applying for a new work permit but within our conditions we were OK to submit online minus the positive LMO.

I think first thing tomorrow morning is a call to CIC with the information you've quoted and try to get some clarification, the last thing we want is to do anything wrong as we really want to stay

Ex

Originally Posted by PMM (Post 10389144)

Hi




Except that an IEC work permit is not extendable.

Originally Posted by ninaDGBCA (Post 10389599)

As far as I know you can only obtain implied status if you apply for an extension of your existing work permit. If you apply for a different kind of permit you won't get implied status and therefore must stop working.
As the IEC is not extendable you won't get implied status. Plus you are applying for a total different permit.

Originally Posted by firstchoice (Post 10389667)

Don't want to sound rude, but please read Regulation R186 above.

Originally Posted by firstchoice (Post 10389667)

Don't want to sound rude, but please read Regulation R186 above.

Originally Posted by PMM (Post 10389674)

Hi




(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.

1. They are applying for a new work permit with a LMO they are NOT complying with the conditions set out in their expired work permit, they are not applying to extend it.

Originally Posted by PMM (Post 10389674)

1. They are applying for a new work permit with a LMO they are NOT complying with the conditions set out in their expired work permit, they are not applying to extend it.

Originally Posted by firstchoice (Post 10389689)

Alright .. so it seems the only area of dipute is that you say they are not complying with the conditions of their work permit. You agree that this meets the definition of a renewal under R. (201) and it is not an extension of their work permit. Which condition of the IEC work permit are you alleging is being contravened?

Originally Posted by christmasoompa (Post 10389810)

OP, it might be worth noting that 'firstchoice' is the only forum member that believes that implied status applies when on an IEC. We have numerous immigration lawyers, and a couple of immigration officers, who kindly give us their time on the forum, and none of them believe that implied status applies on an IEC.

Up to you whose advice you think is correct of course, but I just thought I would mention that.

Good luck.

Originally Posted by firstchoice (Post 10390554)

I thought as a moderator you are allowed to express an opinion, but are supposed to encourage open and respectful discussion.

Originally Posted by firstchoice (Post 10390554)

You fail to mention that CIC have advised her that what the husband has done is fine.

Originally Posted by firstchoice (Post 10390554)

By now, these poor people, who are only trying to do the right thing, must be thoroughly confused