PMM

Hi

The following is letter received from CIC regarding implied status. The highlighted portion will be of interest of those on IEC work permits, who continue to think that they can benefit from Implied status to continue working.

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

ninaDGBCA

Wonder though how many will insist that their mate worked just fine and had no trouble or their lawyer told them that it was alright

I watched a Border Patrol episode the other day where CBSA dealt with a guy that wanted to activate his 2nd IEC thinking he was on implied status. He was told IEC is not extendable, he should have stopped working, he's been working illegally, he signed a letter that said he has a time limit on his IEC....and so on.

burks

How does that work though? As surely his SIN would have expired.. wouldn't that have meant there was some kind of red flag raised somewhere?.. assuming he was paying taxes that is??

ninaDGBCA

Not sure how it works with the SIN. Just remember they found out somehow (either by going through his mobile phone, emails or grilling him long enough)that he had worked past the expiration date and then told him his IEC was not extendable and he had been working illegally. The the usual "implied status bla bla" went on and he was told that the didn't have implied status and never had. Only listened with one ear other one was busy listening out for the kids

Only thought it was funny PMM posted this and not long ago I saw it on telly and I am sure loads are still convinced that they can work.

burks

convinced they can play dumb when found out more like! When I applied for my IEC I remember reading in a few different places on the form guides etc. that it was not extendable. People like to try and play the system!

jennellapea

I don't know why some people think they're above it all and can continue working on a work permit that's not extendible. Especially when the website that you first register on has a FAQ section which clearly outlines that you can't extend an IEC permit and you have to apply for another one.

christmasoompa

Thanks so much for giving us a definitive answer PMM. There are a few forum members that will not be happy about this as they've insisted they can keep working (usually because their mates have got away with it!).

Hopefully now they'll realise it's not worth jeopardising their future in Canada.

I'm going to make this a sticky thread for info, thx again.

Siouxie

You can only be on implied status if the work permit you currently have comes under the relevant legislation.
See also this post.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(this section courtesy of SchnookoLoly - see this post)

The Temporary Foreign Worker's handbook: http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

You are on IEC right now, which is a type of TFW, so this handbook applies to you.

2) Open it up to Section 5.22, "Implied Status". That says that if you have applied for a new work permit, you can keep working under the conditions of your old work permit - that is, the conditions of your IEC visa. So, let's look at the conditions of your IEC visa.

3) Open it up to Section 5.34, to the paragraph that begins with "Conditions of Work Permit", and highlight this line:

It is explicitly a condition of IEC that you cannot ask for an extension. Implied Status is a type of extension - a temporary extension that is meant to bridge you between your old permit expiring, and your new one being issued.

So, for you to benefit from implied status, you need to have a work permit that can be extended. It says right there, IEC cannot be extended. Because you cannot extend IEC, you cannot benefit from implied status.

Let's say you had a normal TWP which was expiring, and your employer was going through the process of getting you another work permit. TWPs can be extended, so if you apply for a new work permit, you can extend your current TWP to cover you. You are bound by the same conditions as the original TWP for the time you are implied status, until your new WP is issued.

But, you are not on a normal TWP. You are on IEC, which is valid for one year, and one year only, with no extensions. Therefore, because there is nothing to extend, you can't benefit from implied status.

Open up the IEC UK's FAQ page here: http://www.canadainternational.gc.ca...ience/faq.aspx

Point out the "Work and Study" section, Question 5:

christmasoompa

And just to add, there is now a Wiki article outlining all of the info you need on the subject. Implied Status after an IEC Work Permit ends : British Expat Wiki