Jamesdavid3

Hi,

I am just wondering of the correct steps to take when I do finally get my Work permit and PR approved..

Currently my IEC has expired so since then I have applied Common-Law PR with a Open Work Permit and I just remained in Canada and waited for my approval or OWP to come through...

Do I just stay in the Country for 12+ Months while my application is being processed? Wouldn't the boarder control see that as a bit strange why I didn't leave after my 2 year IEC visa ended?? I would imagine they would be annoyed I didn't leave Canada after my 2 year Visa and not let them know?

I'm guessing first I will get my Open Work Permit in the Mail??

Once I get my Work Permit approved then what happens? can I get a job right away or do I need to go to the boarder? How long will this Work Permit be valid for?

Then what happened when my PR Application finally is done and completed? I understand I need to go to the board again???"

So confusing.

christmasoompa

But you've switched to a visitor visa? And you're not working? Iirc, you thought implied status would mean you could keep working, so in case you haven't seen it yet there's a sticky about this posted by PMM which may be of interest.

Yes, that's fine, as long as you've switched to visitor status.

But you have let them know, by applying for a visitor visa.........right?

It's perfectly fine to stay in Canada on a visitor visa whilst awaiting PR via spousal sponsorship, as it's dual intent, so don't worry about that. You just can't work until you get to first stage approval (not sure when you applied, but that'll take approx 11 months to get to that stage, then PR will take another 11 months as a rough guide). I'm sure I've asked you this before, but why haven't you applied outland just out of interest? You'd have had PR in less time that it will take to get to the work permit stage with an inland app! It's a very unusual choice.

You'll need to go and flagpole, have a look at the Wiki for info on how to do it.

And yes, you'll have to do the same again to activate your PR once you get it (although you can also make an appointment at a CIC office if that would be easier for you).

HTH a bit, good luck.

Jamesdavid3

Well I am going to still continue working for my company during this whole process and I wont be changing to a visitor status at all.

christmasoompa

In which case, best of luck with that and with the next 22 months in Canada as an illegal.

Zoe Bell

just to clarify your previous post , you plan on working illegally then?

Jamesdavid3

No this is Implied Status, I have applied for another application before my current one ends so I am granted that... I know many others in the same position who I email weekly for updates, they are all at different stages and they are perfectly fine.. as I said again.. they are on Implied Status


What does anyone expect??? for me to STAY INSIDE of Canada for 22 Months total as a visitor not able to work while I wait for my work permit/application to be approved.....?

Get Real.

Zoe Bell

do you have your OWP permit then? ( not the IEC one)
there is no implied status after IEC

and to answer your other question , people expect you to to abide by the law. We really don't give a crap if it inconveniences you to be honest.

christmasoompa

Firstly, implied status isn't relevant when you've applied for a new type of visa or a different application - which is what you've done, as you've applied for PR. So even if you were on a 'normal' TWP, implied status wouldn't be possible!!

But as per previous posts, and the sticky thread above, implied status is only for visas that can be extended, and the IEC cannot.

I don't know how much clearer I can make this, but implied status is for somebody that has applied to extend their visa. For example, if you were on a visitor visa and it was coming to an end, and you then applied to extend it online, *then* you would have implied status, as it's the same type of visa and you've just tried to extend it.

But you haven't applied to extend anything so implied status isn't relevant (and wouldn't be regardless of your previous visa). There is NO implied status when applying for PR from a temp visa.

Yes, because that's the law, and of course you're expected to abide by it. Alternatively, they'd expect you to apply outland, as you've been previously advised to do, so that you'd have PR within 3-4 months going on current timescales.

But hey, your choice. I just hope that somebody doesn't report you to CBSA and get you banned from Canada.

christmasoompa

Right, just so you can see that implied status does NOT apply to you (even if you were on an normal TWP), read this page from the CIC website - http://www.cic.gc.ca/english/helpcen...asp?q=188&t=17

'If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.'

As said previously, implied status isn't relevant as you were on an IEC, but even if you were on a different kind of work permit you couldn't keep working, as clearly stated above.

Hope that clarifies it for you.

Siouxie

You need to stop working until you receive your OWP (Inland applicants) - and you do need to maintain your visitor status even whilst having an application for PR.

I would strongly suggest you read this: http://britishexpats.com/forum/showp...42&postcount=1
You are risking being deported by not extending your visitor status and by working illegally.

I suggest you read IP008 sections 5.27 and 12. http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf

5.27. Legal temporary resident status in Canada12. Legal status in Canada You should also read OP11 about implied status, section 24. You are not on implied status as you have not applied for an extension nor applied to change your conditions to visitor. http://www.cic.gc.ca/english/resourc...p/op11-eng.pdf

Jamesdavid3

How do you explain this one then?

http://imageshack.us/photo/my-images/706/3t6n.jpg

This is from someone who was on the UK IEC visa, who applied for In-Land Common law PR with a OWP application at the same time sent off BEFORE his IEC expired and he received this from the CIC.

I have also had many people messaging me who have also said that they have also received this letter stating they are on Implied Status and can still continue to work once they IEC expired.

christmasoompa

Oh blimey. I really don't know how you are misunderstanding so much about implied status tbh.

I don't know why you're arguing with us and quoting stuff that isn't relevant to you anyway, the applicable law is very clearly stated both on the CIC website wording that I gave you above, and more importantly on the info that Siouxie took the time to copy and paste for you from the relevant Op Manuals. Have another read of it, and hopefully it will then make sense to you.

Jamesdavid3

I am not arguing I am just on the other end of the table. How is that document not relevant to what we are talking about? Its proof that this person could still continue to work after their IEC expired....

I understand everything you are all telling me but over the last 2 years I have been researching this and found many other people with this same documentation, so many people that I am confident there wont be any issues.

christmasoompa

I give up. I wish you the very best of luck with your application.

Siouxie

As you have already been told, many times, you cannot have implied status to continue working on an IEC working holiday visa.

1) Subsection 201(1) is the provision that allows you to extend a work permit.
2) Section 186(u) provides implied status to those work permit holders who have made an application under subsection 201(1).
3) IEC permits cannot be extended therefore 201(1) is not applicable.
4) An IEC permit holder cannot have implied status as provided by 186(u) because they cannot make a valid application under 201(1).


See also your other thread:

http://britishexpats.com/forum/showt...ied+status+IEC