IEC WORK PERMIT EXPIRES THIS WEEK

[ydz098]

My IEC work permit expires on Sunday. I’m hoping to be invited into the pool this week so that I can submit my PR application. If I’m not invited, then I’ll have to apply for another work permit so that I can continue working while it’s being processed (even though I know it’ll be denied - I’m from England and only one is granted).

Will I incur any issues with this given the recent clamp down on immigration procedures reg Covid-19?

I’m worried that if I call IRCC about this, they’ll keep records of me and deny my work permit application right away (?!)

Basically I’m just worried & need reassurance that I won’t get deported on Sunday lol.

 

[canuck_in_uk]

My IEC work permit expires on Sunday. I’m hoping to be invited into the pool this week so that I can submit my PR application. If I’m not invited, then I’ll have to apply for another work permit so that I can continue working while it’s being processed (even though I know it’ll be denied - I’m from England and only one is granted).

Will I incur any issues with this given the recent clamp down on immigration procedures reg Covid-19?

I’m worried that if I call IRCC about this, they’ll keep records of me and deny my work permit application right away (?!)

Basically I’m just worried & need reassurance that I won’t get deported on Sunday lol.

It has nothing to do with COVID-19. You don't qualify for a work permit, so you will be submitting an incomplete app. This will result in a refusal; if the app is rejected as incomplete, it will also result in the loss of Implied Status, meaning you would be considered out of status as of your IEC expiry Sunday and all work done after that would be illegal. Also note that you will not qualify for a BOWP if you apply while on Implied Status or while out of status.

You should be applying to change your status to visitor.

 

[scylla]

My IEC work permit expires on Sunday. I’m hoping to be invited into the pool this week so that I can submit my PR application. If I’m not invited, then I’ll have to apply for another work permit so that I can continue working while it’s being processed (even though I know it’ll be denied - I’m from England and only one is granted).

Will I incur any issues with this given the recent clamp down on immigration procedures reg Covid-19?

I’m worried that if I call IRCC about this, they’ll keep records of me and deny my work permit application right away (?!)

Basically I’m just worried & need reassurance that I won’t get deported on Sunday lol.

If you don't receive ITA, you should apply to change your status to visitor and stop working effective Sunday. This is the best option for allowing you to remain in Canada while you wait for ITA (and without jeopardizing your ability to apply).

Applying for a new work permit when you don't qualify for one will land you out of status in Canada. You'll then need to apply to restore your status which can take several months. You cannot apply for PR from within Canada while out of status. So this could create issues for your PR application.

 

[ydz098]

If you don't receive ITA, you should apply to change your status to visitor and stop working effective Sunday. This is the best option for allowing you to remain in Canada while you wait for ITA (and without jeopardizing your ability to apply).

Applying for a new work permit when you don't qualify for one will land you out of status in Canada. You'll then need to apply to restore your status which can take several months. You cannot apply for PR from within Canada while out of status. So this could create issues for your PR application.

Thanks for getting back to me.

I worked with an Immigration Consultant a couple of times during this process and I’m fairly certain she told me that I could apply for a new work permit, and still legally work while they make a decision. And the day that they deny my application, I have to stop working immediately. At that point, I would apply for a Restoration of Status. Is this not an option?

 

[canuck_in_uk]

Thanks for getting back to me.

I worked with an Immigration Consultant a couple of times during this process and I’m fairly certain she told me that I could apply for a new work permit, and still legally work while they make a decision. And the day that they deny my application, I have to stop working immediately. At that point, I would apply for a Restoration of Status. Is this not an option?

As I said, if it is rejected as incomplete, you will NOT have had any Implied Status and would have been working illegally as of IEC permit expiry.

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

If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

 

[scylla]

Thanks for getting back to me.

I worked with an Immigration Consultant a couple of times during this process and I’m fairly certain she told me that I could apply for a new work permit, and still legally work while they make a decision. And the day that they deny my application, I have to stop working immediately. At that point, I would apply for a Restoration of Status. Is this not an option?

It's an option - although you won't be following the rules and IRCC does not look kindly on this behaviour.

Once the work permit is refused, any work you do after the expiry of your IEC will be classified as work without authorization (i.e. illegal work) since you will have applied for the work permit without qualifying for one. You'll also go out of status in Canada effective the date your IEC expired. If it takes more than three months to process the work permit and receive the refusal, you'll be past the date it's possible to apply for restoration and will have to leave Canada (there will be no option to remain).

If you are refused before the 90 days is up from the expiry of the IEC, then you'll still be able to apply for restoration. Given COVID-19, I'm guessing that restoration application times that are now around 3 months will extend to additional months. You cannot apply for PR while in Canada without status. So you'll effectively screw yourself if your aim is to apply for PR from within Canada because it will take so long to once again regularize your status.

Anyway - ultimately your call.

If PR is the priority, change your status to visitor or leave Canada and apply from outside of Canada.

If working is the priority, go ahead and apply for the work permit knowing that you will likely be impacting your ability to apply for PR and will have to leave Canada at some point.