IN-Land PR process - Help!

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Old Nov 25th 2013, 5:34 pm
  #16  
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Default Re: IN-Land PR process - Help!

If you submit an In-Canada PR application, at the same time you will submit an application for an open work permit, which will be issued to you when your PR application has passed the first-stage approval point. Even if you have not been issued the open work permit before the expiry of your IEC permit, you will still be able to work because you will have implied status, as provided by secs. 183(5) and (6) of the Immigration and Refugee Protection Regulations, which says that anyone who has submitted an application for a new work permit before the expiry of the old permit is allowed to work during the period between the expiry of the old permit and the issuing of a new work permit.
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Old Nov 25th 2013, 5:58 pm
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Default Re: IN-Land PR process - Help!

Originally Posted by Jamesdavid3
If you submit an In-Canada PR application, at the same time you will submit an application for an open work permit, which will be issued to you when your PR application has passed the first-stage approval point. Even if you have not been issued the open work permit before the expiry of your IEC permit, you will still be able to work because you will have implied status, as provided by secs. 183(5) and (6) of the Immigration and Refugee Protection Regulations, which says that anyone who has submitted an application for a new work permit before the expiry of the old permit is allowed to work during the period between the expiry of the old permit and the issuing of a new work permit.
183:5 and 183:6 have nothing to do with a work permit and refers to visitor extensions. As had repeatedly been explained to you, you cannot extend an IEC work permit therefore it does not apply. If you had applied for visitor status instead and needed to extend the visitor status, you would be on implied VISITOR status whilst waiting for a decision. Even if you could persuade someone that 183:6 could relate to a work permit, it allows continuation only if the conditions of the previous visa were met - and the condition for an IEC is that it cannot be extended.

183. (1) Subject to section 185, the following conditions are imposed on all temporary residents:

Extension of period authorized for stay

(5) If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
(a) the day on which a decision is made, if the application is refused; or
(b) the end of the new period authorized for their stay, if the application is allowed.

Continuation of status and conditions

(6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.

One of the conditions on the IEC work permit is that it cannot be extended. It ends on the expiry date. You sign a contract stating this when you apply for an IEC.

It's quite obvious that you don't want any advice unless it complies with what you believe, despite many people telling you that you are incorrect - including a CBSA officer, Immigration Lawyers and former Visa officers.

To that end, I can see no point in leaving this thread open.

Thread closed.

Last edited by Siouxie; Nov 25th 2013 at 6:18 pm.
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