about to goto implied status, work question

[jwilcanada]

Hi everyone,
I have applied for common law PR back in May 2014 and put in an application for an Open Work permit in at the start of February that is still being processed. Im from Australia and my current Working Holiday visa ends in 2 weeks. Can I continue to work under Implied Status until a decision is made for my Open Work permit?
Stage 1 and the automatic open work permit is still a long way away!

Thanks for your help!

 

[Rob_TO]

Hi everyone,
I have applied for common law PR back in May 2014 and put in an application for an Open Work permit in at the start of February that is still being processed. Im from Australia and my current Working Holiday visa ends in 2 weeks. Can I continue to work under Implied Status until a decision is made for my Open Work permit?
Stage 1 and the automatic open work permit is still a long way away!

Thanks for your help!

Since IEC/working holiday visas are not naturally extendable, they don't benefit from implied status so once it expires you are supposed to stop working. But you will be on implied visitor status while waiting for OWP, so at least you can stay in Canada legally.

However with new pilot program for inland PR applications, you don't need to wait for stage 1 approval. You should get your OWP within 4 months or quicker of submitting the OWP app.

In hindsight, it's a shame you didn't apply outland back in May as Sydney is one of the quickest visa offices out there and you probably would have had your full PR status several months ago.

 

[SchnookoLoly]

Read this article for information about IEC and Implied Status: http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

Short version, no, you do not get implied status when your IEC ends because an IEC work permit is not extendible and implied status is a type of extension.

You will, however, have implied status as a visitor (I believe) until your OWP comes through.

 

[jwilcanada]

So applying for an extension was a pointless exercise as far as working is involved.
I can deal with not working, I understand that part, once my work visa end I stop working. I just want to make sure I'm not staying illegally. And if/when that application gets rejected I'll be waiting 4 months for the open work permit to come will I have to apply for a restoration of status or something?

 

[Rob_TO]

So applying for an extension was a pointless exercise as far as working is involved.
I can deal with not working, I understand that part, once my work visa end I stop working. I just want to make sure I'm not staying illegally. And if/when that application gets rejected I'll be waiting 4 months for the open work permit to come will I have to apply for a restoration of status or something?

For some countries I know you can apply for a 2nd IEC/working holiday visa. Not sure if that applies to you.

As mentioned, since you submitted the OWP app then once your WH visa expires, you will have implied visitor status. So you can stay in Canada legally.

Applying for the OWP was essential for you to do before your WH visa expired. If you didn't apply for OWP, then you would be here illegally after your WH visa expired.

There is no reason at all your OWP shouldn't be approved under the new pilot program (assuming you did the paperwork correctly).