Cancelling work extension legal?

[reneeh1988]

Hello I would really appreciate any advice I can get on this matter.

I applied for a visitor Visa Sept 1 a month before my work permit was to end Oct 1. Then soon after my work needed me for an extra week. So they sent out a work extension application and I was allowed to work the extra time under implied status.
Now after completing my last work day I was advised by my lawyer to have my company cancel their extension so that my visitor application would be approved in the case the extension was received first.
She told me that because my work applied for my extension before my original permit was to end I could use the receipt for when they sent it as proof I worked legally under implied status. But also show receipt they cancelled it after I finished working there.
Question is if they cancel my extension application even after I finished working. Does that mean the extension then becomes invalid and the implied status does too? Meaning I worked illegally?

Or does it still not get rid of the implied status I worked under? Which means i technically worked legally under implied status?

It's all very complicated and confusing...

 

[zardoz]

Hello I would really appreciate any advice I can get on this matter.

I applied for a visitor Visa Sept 1 a month before my work permit was to end Oct 1. Then soon after my work needed me for an extra week. So they sent out a work extension application and I was allowed to work the extra time under implied status.
Now after completing my last work day I was advised by my lawyer to have my company cancel their extension so that my visitor application would be approved in the case the extension was received first.
She told me that because my work applied for my extension before my original permit was to end I could use the receipt for when they sent it as proof I worked legally under implied status. But also show receipt they cancelled it after I finished working there.
Question is if they cancel my extension application even after I finished working. Does that mean the extension then becomes invalid and the implied status does too? Meaning I worked illegally?

Or does it still not get rid of the implied status I worked under? Which means i technically worked legally under implied status?

It's all very complicated and confusing...

In all probability the work permit extension application was invalid anyway, unless it was supported by a new LMIA. So, it will probably be either refused or returned as incomplete. If returned as incomplete, "implied status" never existed. If you cancel it, it's possible that any "implied status" would be null, leading to the work being illegal.
You are in a bit of a legal minefield here and it may be a good idea to consult another competent immigration lawyer for a second opinion.

 

[reneeh1988]

In all probability the work permit extension application was invalid anyway, unless it was supported by a new LMIA. So, it will probably be either refused or returned as incomplete. If returned as incomplete, "implied status" never existed. If you cancel it, it's possible that any "implied status" would be null, leading to the work being illegal.
You are in a bit of a legal minefield here and it may be a good idea to consult another competent immigration lawyer for a second opinion.

I have been working under Nafta, my original end date on my permit was til Oct 1st, then my employer sent out a request to extend me til Oct 5th. My work hasn't issued a cancelation of the pending extension yet, which is why I am looking into if its a good idea or not beforehand.

As far as the visitor visa, I sent out my application a month prior to all of this so am still technically under implied status for that. The only reason my lawyer requested my work to cancel their extension request after I finished working is so my visitor visa application would have a better chance of being approved.

But if this is a risky situation, I was thinking it may be safer to not cancel the work extension my employers sent and to just leave Canada for a time and re-enter as a visitor. That way my work extension will still be able to get approved and I then can just get visitor status when i re-enter the country.

Thoughts??

 

[zardoz]

I have been working under Nafta, my original end date on my permit was til Oct 1st, then my employer sent out a request to extend me til Oct 5th. My work hasn't issued a cancelation of the pending extension yet, which is why I am looking into if its a good idea or not beforehand.

As far as the visitor visa, I sent out my application a month prior to all of this so am still technically under implied status for that. The only reason my lawyer requested my work to cancel their extension request after I finished working is so my visitor visa application would have a better chance of being approved.

But if this is a risky situation, I was thinking it may be safer to not cancel the work extension my employers sent and to just leave Canada for a time and re-enter as a visitor. That way my work extension will still be able to get approved and I then can just get visitor status when i re-enter the country.

Thoughts??

Ah, so not an LMIA requirement for the extension... That changes things a little.

https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

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.

The issue is if a withdrawal of the application removes the option "until a decision is made [R183(5)]", thereby rendering the "implied status" non-existent. Frankly, I don't know, but I would be inclined to let the application run it's natural course.

 

[reneeh1988]

Ah, so not an LMIA requirement for the extension... That changes things a little.

https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

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.

The issue is if a withdrawal of the application removes the option "until a decision is made [R183(5)]", thereby rendering the "implied status" non-existent. Frankly, I don't know, but I would be inclined to let the application run it's natural course.

That is what has been causing me concern . If I leave now and re-enter Canada later on as a visitor it should be safe right?

 

[zardoz]

That is what has been causing me concern . If I leave now and re-enter Canada later on as a visitor it should be safe right?

If you leave the country, the "implied status" ends but at least it will have been in place. Reentry will be subject to the normal conditions of entry and examination by CBSA. There are no guarantees how that will work out.

 

[reneeh1988]

If you leave the country, the "implied status" ends but at least it will have been in place. Reentry will be subject to the normal conditions of entry and examination by CBSA. There are no guarantees how that will work out.

I was told that by canceling my work extension after I have finished working would mean that I worked under implied status and during the time that I worked it was still pending to be seen. In which would make that time I worked legal. But canceling it after I worked would stop the implied status and approval process all together. But that wouldnt change the fact I worked legally when the extension was still implied.

You're saying is that if it's cancelled after I work it then makes the implied status I had before canceling non existent. How would this all work if I did send It out and it was denied wouldn't that also render the time I already worked invalid.

How can the government do that when they say you can work under the same conditions of the expired permit til the application is seen??

 

[zardoz]

I was told that by canceling my work extension after I have finished working would mean that I worked under implied status and during the time that I worked it was still pending to be seen. In which would make that time I worked legal. But canceling it after I worked would stop the implied status and approval process all together. But that wouldnt change the fact I worked legally when the extension was still implied.

You're saying is that if it's cancelled after I work it then makes the implied status I had before canceling non existent. How would this all work if I did send It out and it was denied wouldn't that also render the time I already worked invalid.

How can the government do that when they say you can work under the same conditions of the expired permit til the application is seen??

That's not what it says. It's "until a decision is made". I've said all that I can on the subject. It's up to you to decide what to do.