PR and OWP returned while on implied status

[daniel07]

Hey guys,

My PR (sponsored by my spouse) and OWP were returned yesterday due to being incomplete - we had an older version of one of the forms.

We submitted the applications in December, but I'm currently on implied status as my IEC visa expired in January.

My question - do I still have implied status. Technically I applied for the OWP before my IEC visa expired.

Thanks!

EDIT: I should have mentioned this was an inbound application.

EDIT: follow up question - how would I go about restoring status? Thanks in advance for your help.

 

[starnaenae]

No you dont. Youll need to restore your status before reapplying

 

[daniel07]

No you dont. Youll need to restore your status before reapplying

Thanks. What do I do? Could I still work?

 

[andybc]

Thanks. What do I do? Can I still work?

No you can't and you weren't allowed to work the moment your IEC expired. The implied status was visitor.

 

[daniel07]

No you can't and you weren't allowed to work the moment your IEC expired. The implied status was visitor.

Hi Andy. Thanks very much for your help.

Interestingly, I spoke to CIC and they sent me a confirmatory email saying that as long as I had applied for PR+OWP before my IEC visa expired - which I did - then I could remain in the country and work under the same conditions as my IEC.

 

[andybc]

Hi Andy. Thanks very much for your help.

Interestingly, I spoke to CIC and they sent me a confirmatory email saying that as long as I had applied for PR+OWP before my IEC visa expired - which I did - then I could remain in the country and work under the same conditions as my IEC.

Others have received similar advice from IRCC agents. It is technically wrong, since IEC visas aren't eligible for extension and thus shouldn't get the benefit of implied status as worker.

In any case, since your application was returned as incomplete, I'm not 100 percent sure if you ever had implied status (of any kind) since you technically never submitted an application.

If you are still working you need to stop immediately since you would definitely be working illegally.

Also immediately apply for restoration of status as a visitor, as you have only a limited time frame to do so.

With all these extra hoops to jump through, an outland application may be an option you might want to consider at this point.

 

[daniel07]

Others have received similar advice from IRCC agents. It is technically wrong, since IEC visas aren't eligible for extension and thus shouldn't get the benefit of implied status as worker.

In any case, since your application was returned as incomplete, I'm not 100 percent sure if you ever had implied status (of any kind) since you technically never submitted an application.

If you are still working you need to stop immediately since you would definitely be working illegally.

Also immediately apply for restoration of status as a visitor, as you have only a limited time frame to do so.

With all these extra hoops to jump through, an outland application may be an option you might want to consider at this point.

Hi Andy. Thanks very much for this. Why is CIC giving out incorrect information? Here is a screenshot from the email they sent:

https://pasteboard.co/I35dtvM.png

As you can see from the last section, you can understand my confusion!

I see my timeframe for restoring status is 90 days. My IEC expired mid-January. How long does restoring status take?

And you mention an outland application - how would I do this if I'm currently in Canada? And how long does it typically take?

Thanks Andy!

EDIT - the "Another Type of WP" link takes you to this page: https://www.canada.ca/en/immigratio...anada/permit/temporary/work-permit-types.html which mentions the OWP that is part of the PR application.

EDIT 2 - here is the entire email from CIC:

Good day,

Thank you for contacting Immigration, Refugees and Citizenship Canada. As discussed, you will find below complementary information to our conversation:


Implied status - IEC

If you are a participant in the International Experience Canada (IEC) program and you apply for:

• A subsequent work permit (WP) under one of the IEC eligible categories, you cannot continue working after the expiration of your current WP until you obtain the new one,
  
  • if you want to stay in Canada during the process of your subsequent WP under IEC, you need to apply to extend your stay in Canada as a visitor or student at the latest on the expiry date of your existing WP,
    
• Another type of WP at the latest on the expiry date of your WP under IEC, and it expires before a decision is made, you can continue working under the same conditions as your existing WP, as long as you remain in Canada.
  

For more helpful information, we invite you to consult the Extend or change your work permit - International Experience Canada page.

Leaving and re-entering Canada while under implied status:

You may be authorized to re-enter Canada:

• As a temporary resident, if your application to extend your stay has not yet been approved (if applicable, it will be important to wait until you receive your new permit before you start to work/ study):
  • this applies to you if, among other things:
    • you are temporary resident visa (TRV) exempt,
    • you hold a valid multiple-entry visa, or
    • you have travelled only to the United States (including its Territories and Possessions) and/or St.Pierre and Miquelon,
      
• As a worker or student:
  • if the officer determines that your application to extend your WP was approved while you were outside Canada, or
  • if you are eligible to apply for a new work or study permit at your arrival in Canada.

An officer will ask you questions to see if you meet all of the requirements before allowing you to come back to Canada.

Proof of implied status:

It is recommended that you provide these documents to prove that you have implied status:

• Your expired immigration document,
• (If the application was submitted by paper) A copy of the application to extend your stay sent to the Case Processing Centre before the expiration date of your status,
• (If the application was submitted online) A copy of the Confirmation of Online Application Transmission message in your online account,
• A copy of the fee payment receipt included with the application, and
• (If applicable) A delivery confirmation from the postal service provider used to send the application.

More information on implied status is also available on our website.

 

[andybc]

Hi Andy. Thanks very much for this. Why is CIC giving out incorrect information? Here is a screenshot from the email they sent:

https://pasteboard.co/I35dtvM.png

As you can see from the last section, you can understand my confusion!

I see my timeframe for restoring status is 90 days. My IEC expired mid-January. How long does restoring status take?

And you mention an outland application - how would I do this if I'm currently in Canada? And how long does it typically take?

Thanks Andy!

EDIT - the "Another Type of WP" link takes you to this page: https://www.canada.ca/en/immigratio...anada/permit/temporary/work-permit-types.html which mentions the OWP that is part of the PR application.

They quite frequently give out misleading information to be honest. Admittedly, the IEC implied status topic is not well defined and there are dozens of threads on this forum regarding that question.

I think restoring status takes as long as a regular visitor extension takes. Should be about 3-4 months.

You could send it all in one package with your PR application. That has the benefit of not wasting those 3 months.

HOWEVER: If your app gets returned again you will have to actually leave the country since you probably will have run out of time to restore status by the time it is back.

Also, there is a risk that your OWP app gets delayed because you were out of status.

For an outland application you will have to apply from your home country (if that is feasible for you). That avoids having to restore your status. Downside: you can't get an OWP while the app is processing.

Processing times vary based on your home country. USA is generally really quick. Most others about the same time as an inland app, so 12 months.

 

[daniel07]

They quite frequently give out misleading information to be honest. Admittedly, the IEC implied status topic is not well defined and there are dozens of threads on this forum regarding that question.

I think restoring status takes as long as a regular visitor extension takes. Should be about 3-4 months.

You could send it all in one package with your PR application. That has the benefit of not wasting those 3 months.

HOWEVER: If your app gets returned again you will have to actually leave the country since you probably will have run out of time to restore status by the time it is back.

Also, there is a risk that your OWP app gets delayed because you were out of status.

For an outland application you will have to apply from your home country (if that is feasible for you). That avoids having to restore your status. Downside: you can't get an OWP while the app is processing.

Processing times vary based on your home country. USA is generally really quick. Most others about the same time as an inland app, so 12 months.

Hi Andy,

Thank you so much for this. I can't believe they're so misleading. I've quoted the entire email I received from them above, which directly says I'm allowed to keep working while on implied status!

I'm not from the US, so an outland application isn't going to be feasible. I don't see the application being returned again as the accompanying letter tells me what I have to do.

Regarding restoring status: do I have 90 days from the expiration date of my IEC visa to apply to restore status? Or 90 days to actually get status restored? And how do I actually go about restoring status?

So I could resubmit PR + OWP + docs for restoring status in one package?

Thanks again Andy!

 

[starnaenae]

Hi Andy,

Thank you so much for this. I can't believe they're so misleading. I've quoted the entire email I received from them above, which directly says I'm allowed to keep working while on implied status!

I'm not from the US, so an outland application isn't going to be feasible. I don't see the application being returned again as the accompanying letter tells me what I have to do.

Regarding restoring status: do I have 90 days from the expiration date of my IEC visa to apply to restore status? Or 90 days to actually get status restored? And how do I actually go about restoring status?

So I could resubmit PR + OWP + docs for restoring status in one package?

Thanks again Andy!

you dont have implied status period. your application was returned. if it was not returned, you would have still had status, as mentioned above as a visitor. you need to stop working.

you need to first apply to restore your status and once approved you can sent the OWP and PR app together.

 

[andybc]

I'm not sure you HAVE to restore status first before applying.

Quite a few cases on this forum exist where everything was sent together. But of course restoring status first separately is the least risky option if you want your OWP approved.

It's 90 days from the time your IEC expired to submit your application. If you submit it separately you can do this application online I believe.