Marriage & Implied Status

[Benno2013]

Hi everyone,

Hoping to clarify the following:

If my partner and I submit our spousal sponsorship application prior to my current IEC permit expiry (Nov 13) am I eligible for Implied Status and if so am I able to continue to work under the same terms of my IEC counterfoil?

Thanks.

 

[zardoz]

The current belief is "no". Some who have assumed this is allowed have had a nasty surprise when their PR applications have been reviewed. CIC has accused them of working illegally.

 

[scylla]

Agreed with zardoz.

People here are divided on what the right answer is. However we have now seen two cases where PR applicants have run into very big problems with their applications because they thought they had implied status based on submitting their application prior to the expiry of their IEC - but CIC has said they were working illegally since the IEC cannot be extended.

So recent stories on this forum seem to be confirming that the IEC visa cannot be extended and you therefore cannot continue working once the IEC has expired.

 

[canuck_in_uk]

Hi everyone,

Hoping to clarify the following:

If my partner and I submit our spousal sponsorship application prior to my current IEC permit expiry (Nov 13) am I eligible for Implied Status and if so am I able to continue to work under the same terms of my IEC counterfoil?

Thanks.

I'll just add that you only get Implied Status if you apply inland and submit an OWP app with the PR app. If you are applying outland, there is no Implied Status from submitting the PR app. To stay in Canada, you will need to apply to change the conditions of your stay to visitor and continue to maintain your visitor status while the PR app processes.

 

[Jamesdavid3]

On the other hand, We also know many people who have continued working when they're IEC has expired as they have already applied for their In-Land PR and OWP..

They continue to work on their IEC and wait for the OWP to arrive.

 

[Rob_TO]

On the other hand, We also know many people who have continued working when they're IEC has expired as they have already applied for their In-Land PR and OWP..

They continue to work on their IEC and wait for the OWP to arrive.

That could just mean they weren't caught. That ones that were caught, clearly show it is not supposed to be allowed.

i.e. If one of my friends returning to Canada came through immigration with tons of alcohol, smokes and gifts way over the allowed exemption amounts, but wasn't randomly searched so got away free... I would hardly go telling people that since he got away with it then everyone should try it. It's the very few that get caught, that show the big potential risk you're taking if you try.

 

[zardoz]

On the other hand, We also know many people who have continued working when they're IEC has expired as they have already applied for their In-Land PR and OWP..

They continue to work on their IEC and wait for the OWP to arrive.

You are going to be so screwed if you are wrong... And I know for a fact that at least one immigration officer has told you that you are.

That is all...

 

[zardoz]

Hi everyone,

Hoping to clarify the following:

If my partner and I submit our spousal sponsorship application prior to my current IEC permit expiry (Nov 13) am I eligible for Implied Status and if so am I able to continue to work under the same terms of my IEC counterfoil?

Thanks.

This the discussion about this topic on another forum, which has a number of the same players in the thread.

http://britishexpats.com/forum/showthread.php?t=807603

You have to make your own mind up about who you are going to trust, bearing in mind that this is your future that you are gambling on. Caveat Emptor.

 

[Benno2013]

You are going to be so screwed if you are wrong... And I know for a fact that at least one immigration officer has told you that you are.

That is all...

Thanks for your feedback. I am not sure what you mean about an immigration officer telling me that I am wrong. Quite the opposite actually. I was told by 2 immigration officers that as long as I submit my OWP application at the same time as my PR application and before my IEC expires. quote: "You are able to continue working under the same conditions as your original counter foil document under implied status". I had him repeat this to me (and I made sure he was not confused with CEC) and send me an email confirming this is the case.

 

[scylla]

Unfortunately it's been shown time and time through the posts on this forum again that immigration officers don't always have the right answers for more complicated questions (if I had a quarter for every wrong answer I heard about here...). This would be one example where bad information is being provided. IECs unfortunately cannot be extended and there is no implied status. We've now seen at least two people on this forum who have run into problems with their applications because they thought they had implied status but have now been told by CIC that they were working illegally. You can read about one of those stories here:

http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

I will try to find the second thread. In that example, the person already had their PR visa but was refused landing due to the illegal work (again, they thought that implied status applied to IECs and were told it definitely does not because IEC are not extendable).

We now also have TV proof (if that counts for anything). A recent episode of the reality show that follows CBSA agents around once again proves that implied status does not apply to IECs by showing a situation where someone runs into immigration problems based on this false assumption. Obviously you're free to do as you wish. But there is a chance this could end poorly if you continue working.

 

[little_apple]

Thanks for your feedback. I am not sure what you mean about an immigration officer telling me that I am wrong. Quite the opposite actually. I was told by 2 immigration officers that as long as I submit my OWP application at the same time as my PR application and before my IEC expires. quote: "You are able to continue working under the same conditions as your original counter foil document under implied status". I had him repeat this to me (and I made sure he was not confused with CEC) and send me an email confirming this is the case.

But IEC is not the same condition. It is a special visa, not a regular work permit

 

[Becki567]

My husband is also on IEC and will NOT be working once it expires.

Please see link... These people learnt the hard way

http://www.canadavisa.com/canada-immigration-discussion-board/-t163087.0.html

 

[little_apple]

My husband is also on IEC and will NOT be working once it expires.

Please see link... These people learnt the hard way

http://www.canadavisa.com/canada-immigration-discussion-board/-t163087.0.html

Same here. I'll stop working when my IEC expires. I don"t want to risk my PR and future with my boyfriend