Working holiday visa DOES NOT count for implied status?

[juliakristof]

I've been told by multiple people that my partner who is in Canada under a WHV, can continue to work under implied status once his WHV expires. I looked into it further and have found information that says otherwise: Because a WHV is NOT EXTENDABLE, he cannot continue to work under implied status. Implied status is for those who are working under a working visa that IS extendable.

Can anyone confirm this?

 

[juliakristof]

Edit: We're now 4 weeks away from his WHV expiring and still have not received the OWP though it's been 3.5 months.
Anyone?

 

[simoneleah]

Apparently this has been unclear - but:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1476&top=25

"Who has implied status
You have implied status if, before your work permit expires, you apply:

• to extend your current IEC participation
• for another type of work permit that is not an IEC work permit, such as:
  • a bridging open work permit
  • an open work permit under the Family Class
• to extend your stay as a student
• to extend your stay as a visitor"

I'm assuming your Working Holiday Visa is through IEC (mine is too - not sure if there's another way to have one?). You have implied status as long as your application isn't sent back. You can work until your new OWP is given.

If you were going into a 2nd year as an IEC participant, you could NOT work under implied status (it says that further down the page). Your OWP is linked and you have AOR so you should be all good. If you wanted to play it safe you could apply for a visitor extension but the CIC website explicitly says you have implied status under this situation so you should be okay.

 

[juliakristof]

Apparently this has been unclear - but:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1476&top=25

"Who has implied status
You have implied status if, before your work permit expires, you apply:

• to extend your current IEC participation
• for another type of work permit that is not an IEC work permit, such as:
  • a bridging open work permit
  • an open work permit under the Family Class
• to extend your stay as a student
• to extend your stay as a visitor"

I'm assuming your Working Holiday Visa is through IEC (mine is too - not sure if there's another way to have one?). You have implied status as long as your application isn't sent back. You can work until your new OWP is given.

If you were going into a 2nd year as an IEC participant, you could NOT work under implied status (it says that further down the page). Your OWP is linked and you have AOR so you should be all good. If you wanted to play it safe you could apply for a visitor extension but the CIC website explicitly says you have implied status under this situation so you should be okay.

What if the PA's country only allows for 1 year working holiday visa (not extendable). PA is from Belgium so only 1 year.

 

[simoneleah]

What if the PA's country only allows for 1 year working holiday visa (not extendable). PA is from Belgium so only 1 year.

Understanding that the PA's visa is still processed through IEC, I would assume the same would apply.

You have implied status as a current WHV holder who is applying for a NEW OWP "under the Family Class." Your visa is currently valid, you've applied, you have AOR and you have your OWP linked. You're safe.

If it would ease your/the PA's concerns, it might be worth calling to ask. But I think you still have the CIC website to back you up.

 

[canuck_in_uk]

What if the PA's country only allows for 1 year working holiday visa (not extendable). PA is from Belgium so only 1 year.

It doesn't matter. If he applied for the OWP before his IEC permit expired, he has Implied Status and can continue working.