thumpers

Hi All,
I really hope someone can help me with this.
I am currently in Canada on the u35 Usit visa. I missed the deadline for applying for the IEC visa.

My visa expires on dec 6. I have just been offered a job contract extension i really wanna take with a company here.
I was going to apply for "implied status" as i heard it buys you like 100 days and then during this time apply for new iec visa in Jan.
do i need an lmo and job offer to apply for this "implied status" as i do not have an lmo done or can i just apply without one and will it stilll take 100 days for them to get to my application?

second i planned on going to nyc on weekend of dec 2/3/4 . when does implied status activate? is it date that ur visa expires or the date they receive your application in calgary ?

thirdly, does anyone know what they could give to their employer with regard to this to demonstrate that your legally entitled to work in canada till a decision is made with regard to implied status etc

Any help on my questions above would be great. Thanks all.

PMM

Hi

1. I think you have misunderstood what implied status means. That is where you apply to Vegreville for an extension of your work/visit/study permit and you are allowed to continue to work/study/visit until you receive a response from Vegreville. As a USIT is not extendable, you can't benefit from implied status.
2. If you were in implied status, and you left Canada, that implied status ends.

thumpers

thanks PMM for feedback

You can apply for a work permit for and get implied status though, as long as it's 30 days before the expiry of your current working holiday visa.
can i not pursue this avenue and by applying through this process , i effectively receive implied status until a decision is made ........

christmasoompa

Erm, sorry, but no you can't - see PMM's post above which explains why. Implied status is not available to those on WHV's.

From what you've said, your only option is to get your employer to apply for a LMO asap, although you won't have it through before your visa expires, so you will have a period of being unable to work I'm afraid. But you could switch to a visitor visa until you get a positive LMO and TWP, so at least you can stay in Canada.

Good luck.

thumpers

But ur entiteled to apply for an LMO are you not which should automatically grant 'implied status' until you get a verdict on your LMO ???

christmasoompa

No, because you cannot extend your WHV. Somebody on a 'normal' TWP can apply to extend it and get implied status whilst they are awaiting a decision, but it doesn't apply in your situation as WHV's are not extendable anyway.

There's no such thing as implied status whilst awaiting a decision from an applied for LMO either - if there was, everybody waiting for a LMO decision in the UK would just fly to Canada and start working! Implied status only applies when you are *extending* a valid work permit or study permit, not a whole new application.

Does that make sense now?

thumpers

ok sorry so i was informed of this legally....

Send off the application for extension for your usit visa - the reason for the extension will be 'Awaiting IEC visa".This gives you 103 days on implied status. You get your new visa by going down to the border; come back up and cancel your old visa extension application. The reason why it works is because you can stay here working while a decision is being made on your temporary working status; but while the decision is being made your new visa comes before any decision is made on the old visa. So in effect, no decision needs to be made because you have a new visa. When you go to the border bring a photocopy of the extension application and the email from the Canada immigration service stating the rules for implied status.
An important thing to note is that existing visa terms can change if you have a work offer or work contract extension etc. - so this could be a rebuttal if they give you hassle at the border for the USIT visa being non-extendable. Just say, well my work contract was extened so I was waiting for a decision on the extension of my old visa but now here I am with a new visa.

Is this all nonsense then as per your advice above (which btw i really appreciate)

christmasoompa

In my opinion, it's nonsense as it doesn't apply to WHV's (and you're not 'awaiting IEC visa' are you, as you haven't applied for one?). But PMM is the expert, so best to wait until he comments to give you a definitive answer.

Good luck.

thumpers

thanks :-) ..hopefully PMM will be able to get back to me . need to either accept or reject this job offer Monday. not even sure what I d say to HR explaining proof of implied status that i can legally work here. I know the window for IEC visas has not opened but by time its been processed I will have applied etc....i was hoping to use that loophole. do you even need to have the window open to apply anyway .

christmasoompa

I really don't think there is a 'loophole' in the first place - as above, implied status is only for those *extending* a visa, not applying for a whole new one. But PMM will be able to give you the definitive answer.

thumpers

Sure :-) . its a minefield

Former Lancastrian

Maybe this might help

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.
A temporary resident with implied status who has left Canada may:
• be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of
their application to study or work in Canada, provided they are TRV exempt as per R190 or on
a multiple-entry visa. They may not resume work or study in Canada until their application for
renewal has been granted. For those not able to resume work, they must satisfy the BSO that
they have sufficient means of suhttp://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdfpport. (Note that this applies to foreign nationals who are
TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)
• be allowed to apply for a new work or study permit at the port of entry provided they have a
right to do so under the Regulations.

thumpers

thks for this ! am i not a temporary resident? under the above legislation i,m entitled to apply for an extension...... (in this time, get my iec visa hopefully and cancel my extension application)

thanks for all ur feedback on this. i really appreciate it

Former Lancastrian

Yes you are a temporary resident. Entitled is subjective lol but yes you can apply for an extension with no guarantees it will be extended.

thumpers

:-)
Not trying to pick holes but its just for clarifications purposes. PMM mentioned as per below

1. I think you have misunderstood what implied status means. That is where you apply to Vegreville for an extension of your work/visit/study permit and you are allowed to continue to work/study/visit until you receive a response from Vegreville. As a USIT is not extendable, you can't benefit from implied status.

Reading the above legislation, its my interpretation that i am at least eligible to apply for an extension to my current usit u35 WHV. my understanding was that no lmo was needed to apply for this etc and that i automatically will be refused etc but it will take 3 months to look at my application and then tell me to go home etc.
On the my actual permit papers its says as PPM mentions this type of visa is non extendable but then on the back of the permit it provides the number etc if you wanted to extend your visa etc - its very contradictory message.

i guess what i,m trying to clarify is this :

Am i definitely eligible to at least apply for a work extension and hence by mere applying i will recieve implied status till a decision is reached...would this be correct? Any further advice on this would be very welcome . thanks all