Dorothy

Where did I say they were allowed to advise the OP to work illegally. What I said was that the OP should obtain independant advice from a lawyer looking out for his best interests, which may or may not be the same as the company's best interests.

Well, personally I think it's not the OP's lawyer. It's the company's lawyer.

BobbyN

thanks suzisu

by sounds of it i should get the application sent to change my status, and in the meantime break the news to my employers and enquire about PNP.

firstchoice

That's a good point. I actually have recommended the OP get independent advice - from a Registered Canadian Consultant.
It is a very difficult and challenging situation for the OP. However, if the lawyer actually believed the OP was not entitled to continue working, he/she would be ethically obliged to withdraw from the case because of a conflict of interest.

Regarding siouxie's point about renewal of a work permit, I understand but
I have never seen a work permit state "renewal of prior work permit" it is always a new TWP. So unless CIC start doing that IMHO the only way to interpret the regulations is that "renewal of a work permit" refers to the ordinary usage of that term viz. continuing to work in Canada, usually for the same employer, not to a re-issuance of the original work permit.

Enough verbiage from me now. Good evening.

BobbyN

I spoke with a lawyer today and he said that i am on implied status although I am still not sure on this and i am waiting for more conversations with other solicitors to confirm this.

Although I do not think i am.

He advised me that the PNP route would be long because my employer has to first register and that it is also similar to an LMO as they now ask about the hiring process.

He has advised me before the refusal letter comes for the working visa to leave the country so I do not get classed as an overstayer.

Former Lancastrian

This is what the IEC Canada website says in the FAQ section

I am currently in Canada with a work permit issued under the IEC initiative. My employer would like me to continue working after the permit expires. Is this possible? What should I do?

You may not work in Canada without holding a valid work permit. Keeping in mind that a work permit issued under the IEC initiative cannot be renewed or extended, one possibility remains:

If you wish to prolong your stay in Canada under Citizenship and Immigration Canada’s Temporary Foreign Workers Program, you must apply for a work permit at least 30 days before the expiry date of your current status as an IEC participant.

You must go to Citizenship and Immigration Canada or call 1-888-242-2100 to check the requirements for changing the conditions of your permit or extending your stay in Canada. You should make your inquiries after entry to Canada, while your document is still valid.

From a CBSA perspective this would only affect a person who was seeking entry into Canada after applying for a new TWP before their IEC TWP expired and say went to the US for a shopping trip etc.
Those already on IEC work permits would be in Canada and therefore have already been admitted.
It mentions nothing about being on IMPLIED STATUS however this is not taken from the CIC website its a Govt of Canada website united kingdom.ca
http://www.canadainternational.gc.ca...aq.aspx#Repeat

This is taken from the CIC website

I have applied for a new work permit. Can I stay in Canada if my work permit expires?

Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.
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.

Note it says MAY keep working however if you applied for a different kind of work permit then you must stop working until the new one is issued.

The IEC cannot be extended it clearly states that and applying for a new work permit even though working for the same employer on a work permit issued under the IEC the application for the new work permit IS NOT considered an extension.

This is CIC legislation and therefore subject to CIC rules. As a POE CBSA officer and looking at this if I thought the rules were being broken it would be passed onto the Inland Enforcement section. IMHO if they contact CIC before the IEC WP expires and enquire about being issued the new work permit which in most cases will probably need the employer to submit a LMO CIC will give them their answer.

BobbyN

I am going to have to go with the majority and have a plan in my head.

1) there is no appeal process - i can not argue to LMO officer that I have a life here etc... damn it i even play hockey now!

2) I have had a refusal letter for my LMO, i will soon be getting a refusal letter for the working visa application. BUT I should apply for restoration of status asap?

- that would until a decision is made on that (107 days) allow me to stay as a visitor only (no work)

3) At the same time ask my employer (although I will have to terminate contract) to apply for PNP?

I have been told different timelines on this and the process.

- employer still needs to register (takes months)
- application itself takes awhile
- is similar to an LMO now and can be rejected on same grounds?


Can not stress how seriously I need advice since I may have to leave the country next week.

BobbyN

From http://www.ontarioimmigration.ca/en/...PLY.html#_docs

Who can apply as a foreign worker?

To be eligible as a foreign worker, prospective nominees in the General Category must demonstrate that they qualify for the approved position by providing evidence that they have:

-----

Have legal status, if the prospective nominee is in Canada (e.g., a work permit, temporary resident visa). Refugee claimants and asylum seekers are not eligible for the program.

The employer’s approval letter, Joint Verification form signed by their prospective employer, and Pre-screen Position form.

--------------------------------------------------------------------------

1) if i remain in canada during the 'restoration of status application' - will i still have legal status to apply for PNP

2) pre-screen position form - how long would this take on top of doing the PNP application itself?

Former Lancastrian

You really need to go into a CIC office after making an appointment and have them give you something in writing as to your status.
Judging by what has happened already they have refused LMO applications twice.
I dont see what grounds you could apply to extend on even if you switched over to visitor status which I highly doubt CIC would approve.
Yes your situation sucks but unfortunately until you can find an employer willing to apply and get a POSITIVE LMO you wont be able to work.
Any other route i.e. PNP, CEC if eligible is going to take time to apply and you might not even qualify.
As you are already in Canada it will only become a CBSA matter if Inland Enforcement get involved and end up detaining you and issuing any removal order.

This is now a CIC matter.

BobbyN

Agree, sucks big time. Heads about to burst with stress at moment.

Appointment with CIC it is for now

BobbyN

As FL suggested i first called up the CIC

I am still on the phone but on hold regarding another question.

The lady i explained to her in very much detail the fact that my IEC WHV expired on the 19th March but before it did so I had two applications for LMO and a Work Visa made.

She said I am on implied status until the very last refusal letter is received so therefore okay to continue working but i should leave at that point.
She also said she will email me what they have to show me that I am on implied status. I double checked what I was telling her.

- she said if i had made another IEC WHV application that then I would not have had implied status
- because I made a different visa application non-IEC before my one expired that I am on implied status.
- I am still on Implied status as I have only had refusal for my LMO and not my work visa but when I do get refused I should leave

The silver lining is

- my full 1 year at work will be on 23rd april
- the time I have worked on implied status can be counted towards my 1 year

the risk is i guess if i get my second refusal letter before 23rd April, whatever date shows on the letter is the end of my implied status so i may not make the 1 year line

firstchoice

Ok, so I am reluctant to "wade in" here again, but here is my advice:

Yesterday I had a wisdom tooth out, which is why I had so much time for this, and also why I know how you feel. Ouch!

CIC advice accords with what I have been saying all along, but I think FL wanted you to go to CIC, not call them, as some people don't trust the underpaid Call Centre staff. Enough to drive applicants and their employers up the wall, I know. I could understand your reluctance to go to a physical CIC office at this time, even assuming there is one nearby.

1. Apply for a visitor extension and send it today. Whatever people say about the Call Centre the fact of the matter is you now have official advice from CIC that you are still in status, so I think you are entitled to apply for the extension. Mail the letter today, because I think you will receive a WP refusal letter very soon, hopefully dated after April 23, and once that arrives it will be too late to apply for your extension! Don't try for a visitor extension at the border either as the POE officer has the discretion to refuse entry. When applying for a visitor extension, explain your situation in detail on the form - don't leave anything relevant out.

2. You can also apply for Restoration of Status now if you still doubt that you are in status. The application could be refused (as could the application in 1 above especially if you do not have funds). Making this application does not give you status in Canada, so you could be removed at any time after the WP refusal if you come to the attention of CIC. So that is a good reason for leaving, as the CIC lady said.

3. Sorry, but you need to stop working, either immediately or when the WP refusal letter comes. You need advice regarding this. If you can work legally till April 23rd it will obviously facilitate a CEC application, which can be made from outside Canada, but on the other hand you don't want to have worked illegally.

4. If you don't have the funds to sit this out as a visitor after you stop working, sorry again but the best would be to go home . Mailing a visitor extension now before the WP refusal arrives should ensure you still have status when you leave the country. Keep copies of any application(s) you send and the receipt(s) as proof of mailing.

Did you manage to speak to Ron McKay for advice? He really knows his stuff where this is concerned.

Bye for now.

BobbyN

I tried calling Ron, kept going to answer phone so 2nd time i left a message.

Are the applications in (1) and (2) both the same?

Also I do want to make an appointment but was unsure how to go about that or where the immigration office was.

Trying to do all this whilst juggling my current work.

Siouxie

Agreed!

ninaDGBCA

Yeah! We're all agreeing for a change Somehow boring though Good luck!!! And get that visitor application out asap.

BobbyN

Thanks for the good luck

Yes going to do the restoration to visitor status - even though I do think I am still under implied status but i am doing this as a 'just in case'

I think I am still going to return to the UK while my employers do a PNP application as I don't want the question of 'how i supported myself'
coming up.

Another question.....i know i have loads.

Would it still be okay for me to work IN the UK from my home but still maintain employment with my employer here and be paid into my account here?


Thanks