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Implied status - BUNAC - common law

Implied status - BUNAC - common law

Old Aug 26th 2005, 7:00 am
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Default Implied status - BUNAC - common law

Hi everyone, I'm applying for common law partner in Canada, on BUNAC visa etc etc...just heard about the implied status thing where you can keep working while you wait for your forms to be processed? Does anyone know about this? I was just recently back in touch with someone who was in the same situation and he's still working!!!!! He was on a BUNAC visa and they let him continue to work on it until his forms come through! HELP! There's so many of us in this situation...we all need to get more info on this if it will help!
Any thoughts anyone?
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Old Aug 26th 2005, 12:50 pm
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Default Re: Implied status - BUNAC - common law

Bunac offers a non-extendable visa - it is a one-off for a certain period of time. You cannot change this visa and once it has run out you need to leave Canada. You can then re-enter on a Visitors visa or Work Permit and it is these visas which can be changed.
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Old Aug 26th 2005, 10:07 pm
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Default Re: Implied status - BUNAC - common law

As long as you've sent off the extension/change to visitor's visa from a Working Holiday Visa BEFORE your working visa expires, you don't need to leave Canada when the work visa expires. You do indeed get 'implied' status until your visitor's visa comes through. If your visitor's visa is denied you have to leave the country asap (not sure within how many days).

Whoever it was who kept working - if he was working after his BUNAC visa expired, it's illegal. I wonder how that's possible; doesn't your SIN expire a year after you get it (i.e. when the working holiday visa expires)? Who "let him work on it"? His employers, probably. If he files a tax return won't it be obvious what he's done?

Anyway. BritinBC, I PMed you. A reply would be nice.
 
Old Aug 26th 2005, 11:54 pm
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Default Re: Implied status - BUNAC - common law

Originally Posted by BritinBC
Hi everyone, I'm applying for common law partner in Canada, on BUNAC visa etc etc...just heard about the implied status thing where you can keep working while you wait for your forms to be processed? Does anyone know about this? I was just recently back in touch with someone who was in the same situation and he's still working!!!!! He was on a BUNAC visa and they let him continue to work on it until his forms come through! HELP! There's so many of us in this situation...we all need to get more info on this if it will help!
Any thoughts anyone?
EDIT: Sorry, I was just told my reply was unclear - the bit below makes reference to being able to continue work in Canada by applying for another work permit (on the basis of your BUNAC visa) You can also get implied status if you apply to change to a visitor visa before your current stay is up - the 'implied' is simply the Canadian Governemnt's way of saying 'ooops, sorry the paperwork takes us so long' and lets you remain where you are until a decision is made. Implied status, by my understanding, is not applicable if you are just applying for PR - i.e. just because you have submitted forms for CL PR does not give you an ability to stay or work in Canada, you need to apply for either visitor status or a work permit. Any 'implied' status ends if you leave Canada for any reason. Hope it is a bit clearer now.

You can get implied status if you do not leave the country: from my understanding that means you have to apply in Canada (because if you do need to go to interview, and it was London, that would mean leaving the country) and the waiting time for CL applications are a lot longer inside Canda than, say, through London. You can, I was told, apply for a work permit when the first level of approval comes throug, and I was told that was 6-8 months, but the same people also told me that the current processing times for the accept / deny work permit was about 4 months, so that does give you a 2 month window where you would be obliged to exit after the work permit is denied (presuming you don't have an employer sponsering a work permit etc, and you are doing it based on the fact you know it would fail but you want to keep working) I was told that once you leave Canada, and you applied inland, you can be deemed to have abandoned your application. A combination of these things meant that I decided not to do it this way.

I looked at going down this route, but was hit by several complications. It is not illegal to do this, but it isn't exactly legal either, according to the firm's lawyer, and the company I was working for are subject to scrutiny by the nature of what they do, and understandable did not want to take the risk. They were however, happy to apply to HRDC on my behalf, so perhaps your employer could do that? One possible problem that I also came across during research was extension of the Social Insurance Number; if yours is like mine was, it has an expiry date, and it is at the descretion of the people that issue the SIN whether to extend it or not.

The final issue is that the BUNAC work permit is non-renewable, so your application would not be for an extension, but for an entirely new work permit, and you would need the relevant qualifications / documents in order to get that. Unless of course you are doing it knowing it will fail, but want to keep working.

I went down the employer sponsering a work permit for me (getting HRDC approval) but things didn't work out (client issues rather than immigration issues) so I am now in Canada as a tourist, kicking back and enjoying the summer until my PR comes through (touch wood). I got the first level of approval (sponser accepted) last week, so am hoping that in about 4 months (oh please let me be in that 30%!) I should hear something back and able to get on with work proper!

Good luck, whatever route you go down!

Emma

Last edited by emma69; Aug 27th 2005 at 12:11 am.
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Old Aug 28th 2005, 1:22 am
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Default Re: Implied status - BUNAC - common law

Thanks everyone. It was a bit of a shock to hear that there was someone who it appeared had a similar situation to all of us and was still working. Just trying to make sure all bases are covered.
Thanks emma69 for your advice, I wish I was waiting for my visa over the summer, it'll be winter for me! If we have a snowfilled winter though, that'll be fine with me!
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Old Aug 28th 2005, 5:08 pm
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Default Re: Implied status - BUNAC - common law

Originally Posted by BritinBC
Thanks everyone. It was a bit of a shock to hear that there was someone who it appeared had a similar situation to all of us and was still working. Just trying to make sure all bases are covered.
Thanks emma69 for your advice, I wish I was waiting for my visa over the summer, it'll be winter for me! If we have a snowfilled winter though, that'll be fine with me!

BritinBC, are you applying inland? If so, I was told that you could send off an application for a work permit in the same envelope as your PR application (with the relevant fee) and when you pass the first stage of the PR application, they will grant a work permit (6-8 months last time I spoke to CIC) and you can then work on that while the rest of the application goes though (about 18-24 months in total was what CIC quoted me when I asked) Might help the waiting process?
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