Implied Status

Eutow

So, I am currently in Canada on the working holiday program from the IEC and I am looking to do a second year here. I sent off my application on the 7th of February and it arrived at the Canadian High Commission Office in London on the 13th of February. I have still not received a reply from the IEC to acknowledge that they have received it. I am getting worried now because my police cert is up next month and my current visa ends at the start of May.

I want to know what happens if I don't get my LOI before my current visa ends. I'm in full-time employement and I have read somewhere that people in my position can get implied status. Implied status would allow me to stay in Canada and work as before until I get a decison on my application. However, I don't know if this implied status is open to people who apply for the IEC working holiday visa. Any useful information is appreciated.

Helix

unless you apply for an LMO you can't get implied status as far as i know

lindzation

Eutow wrote: »

So, I am currently in Canada on the working holiday program from the IEC and I am looking to do a second year here. I sent off my application on the 7th of February and it arrived at the Canadian High Commission Office in London on the 13th of February. I have still not received a reply from the IEC to acknowledge that they have received it. I am getting worried now because my police cert is up next month and my current visa ends at the start of May.

I want to know what happens if I don't get my LOI before my current visa ends. I'm in full-time employement and I have read somewhere that people in my position can get implied status. Implied status would allow me to stay in Canada and work as before until I get a decison on my application. However, I don't know if this implied status is open to people who apply for the IEC working holiday visa. Any useful information is appreciated.

Just wanted to let you know that my boyfriends application arrived at London a couple days before yours - we just got the notice of receipt today (March 8)

retalivity

Helix wrote: »

unless you apply for an LMO you can't get implied status as far as i know

You can get implied status while applying to any work permit program, regardless of whether it requires an LMO or not. I am currently on implied status, waiting on a common-law partner work permit which will not be processed until june or thereabouts. Unfortunately, as the IEC is a working holiday 'visa' and not a work permit, I believe it doesn't allow people waiting on applications to have implied status.
If your stuck,. i would recommend talking it out with you employer about your situation, and if needs be, take unpaid leave for a few weeks while you wait for the visa to come through. Or is thats not an option and you are really stuck, you could apply for another work permit which you have no hope of getting, purely to get you under implied status & buy you time while waiting for your IEC to come through.
It's risky, and I know someone doing something similar, but it is a technique used by immigration lawyers here.

Eutow

retalivity wrote: »

You can get implied status while applying to any work permit program, regardless of whether it requires an LMO or not. I am currently on implied status, waiting on a common-law partner work permit which will not be processed until june or thereabouts. Unfortunately, as the IEC is a working holiday 'visa' and not a work permit, I believe it doesn't allow people waiting on applications to have implied status.
If your stuck,. i would recommend talking it out with you employer about your situation, and if needs be, take unpaid leave for a few weeks while you wait for the visa to come through. Or is thats not an option and you are really stuck, you could apply for another work permit which you have no hope of getting, purely to get you under implied status & buy you time while waiting for your IEC to come through.
It's risky, and I know someone doing something similar, but it is a technique used by immigration lawyers here.

I don't know what to do. If I did what you are saying and go for the work permit that is difficult to get, it would then harm my chances of applying for a permanent visa or LMO after I hopefully get my second working holiday visa.

I wouldn't be in this situation in the first place if the clowns at the IEC did their job properly. I originally sent off my application for the 2nd year on the 26th of December and get a payment request on the 23rd of January. I paid it on the 25th of January by wire transfer, but the clowns couldn't match my reference number to my payment, so rejected my application. My Canadian bank has now got involved and tried to confirm on my behalf that I did pay on time. They have not got a response and I have sent numerous e-mails to them and not got word back from them. It doesn't help that there is no phone number we can ring.

red menace

Eutow wrote: »

So, I am currently in Canada on the working holiday program from the IEC and I am looking to do a second year here. I sent off my application on the 7th of February and it arrived at the Canadian High Commission Office in London on the 13th of February. I have still not received a reply from the IEC to acknowledge that they have received it. I am getting worried now because my police cert is up next month and my current visa ends at the start of May.

I want to know what happens if I don't get my LOI before my current visa ends. I'm in full-time employement and I have read somewhere that people in my position can get implied status. Implied status would allow me to stay in Canada and work as before until I get a decison on my application. However, I don't know if this implied status is open to people who apply for the IEC working holiday visa. Any useful information is appreciated.

Implied status is only available if you are extending a work visa.
you are not extending a work visa. You are applying for a new seperate visa.

Eutow

red menace wrote: »

Implied status is only available if you are extending a work visa.
you are not extending a work visa. You are applying for a new seperate visa.

That is what I was thinking.

montreal2011

red menace wrote: »

Implied status is only available if you are extending a work visa.
you are not extending a work visa. You are applying for a new seperate visa.

I don't think this is the case. I had month gap between my uist whv running out and getting a new work visa.

My workplace used a lawyer and I asked her about this; I also mentioned that I was on a whv which could not be extended. She insisted that applying for any new visa will allow you to remain on your current status while a decision is made; she emailed me section of some federal document which stated this.

Also, without wanting to make a long story, when I went to the border to get the new visa there was no mention about the previous visa being out of date by a month.

EDIT: I'm not sure if it matters if the new visa you apply for is an IEC or a regluar work visa; maybe it depends who you get at the border, but I really don't think they care too much about these details. The immigration officer also told me a few times: 'You don't need to use a lawyer!" :pac:

jaysuz

In Canada on my 1st iec visa that expires in 7 weeks. My application is in the London office for the past 4 weeks and hasnt been looked at yet. My police certs and bank statements are coming up on 3 months old. Can anybody shed some light on if I will be refused if the certs are over 3 months old by the time they start processing it? The thought of it is turning my stomach as I waited weeks for a police cert & traffic history report from Australia after spending a year there 10 years ago!

Eutow

jaysuz wrote: »

In Canada on my 1st iec visa that expires in 7 weeks. My application is in the London office for the past 4 weeks and hasnt been looked at yet. My police certs and bank statements are coming up on 3 months old. Can anybody shed some light on if I will be refused if the certs are over 3 months old by the time they start processing it? The thought of it is turning my stomach as I waited weeks for a police cert & traffic history report from Australia after spending a year there 10 years ago!

Same position as you. On my first IEC, my application for a second has been with them for a month now and they have not acknowledged that they have received it. My police cert is also up in three and a half weeks and my visa is up in less than two months.

jaysuz

Thanks for the post Eutow, Ill keep you posted if I get any news! best of luck!

SpiderBiff

Hi,

I am in a similar situation to the one you were in. I am here on a working holiday visa and it expires at the end of this month.

I was told by an immigration consultant that I could remain here under "implied status" until they reach a decision on my work permit application.

Could anyone confirm if they have ever remained under 'implied status' on an IEC program.

I hope everything worked out for you

Thanks

retalivity

I was, for 6 weeks.
Once my Work Permit came through, I got my new docs stapled to my passport and away I went. No need to flagpole.

SpiderBiff

retalivity wrote: »

I was, for 6 weeks.
Once my Work Permit came through, I got my new docs stapled to my passport and away I went. No need to flagpole.

Thanks for your reply. I am cutting it fine, to say the least. I have an interview with Tim Hortons tomorrow and they mentioned that they will help with LMO.

I was wondering, if they offer me the job, if I can start working immediately and continue under implied status until my work permit is processed.

Thanks

retalivity

I had my job before i went into implied status, and I was allowed to continue working thorughout.
However, i think there is some stipulation where you can continue to work for the employer at the beginning of implied status only, that is you cant go into implied status, quit, and then start working for someone else. I also think this might apply to starting work from unemployment while under Implied status. Not too sure though, and Tim Hortons should be able to help out.
I'd imagine though that if you get in the door before the 31st, youd be sorted

SpiderBiff

retalivity wrote: »

I had my job before i went into implied status, and I was allowed to continue working thorughout.
However, i think there is some stipulation where you can continue to work for the employer at the beginning of implied status only, that is you cant go into implied status, quit, and then start working for someone else. I also think this might apply to starting work from unemployment while under Implied status. Not too sure though, and Tim Hortons should be able to help out.
I'd imagine though that if you get in the door before the 31st, youd be sorted

Thanks. I really hope I can get the implied status. Two immigration consultants said I could but one said I couldn't. It makes me nervous because the one who said I couldn't seems more credible. The two that said I can were both asking for money.

I'm wondering if you may have just got lucky. Did you have to apply to be under implied status or are you automatically in it whilst waiting for TWP?

Thanks again

bstar

there's no implied status on a IEC visa at all. thats direct from the cic.

If you think you have implied status you wont get caught straight away, its more they will pull you up on it if you apply for PR at a later stage.

A lot of immigration consultants answer as though its a normally work permit, but the IEC is different.

Also implied status only applies if you are waiting on a visa extension where none of the conditions change. So if you are going from an open IEC visa to a closed LMO work permit the conditions are changing and Implied status would not be applicable.

retalivity

bstar wrote: »

there's no implied status on a IEC visa at all. thats direct from the cic.

If you think you have implied status you wont get caught straight away, its more they will pull you up on it if you apply for PR at a later stage.

A lot of immigration consultants answer as though its a normally work permit, but the IEC is different.

Also implied status only applies if you are waiting on a visa extension where none of the conditions change. So if you are going from an open IEC visa to a closed LMO work permit the conditions are changing and Implied status would not be applicable.

That was certainly not the case for me, and i went through the process in March this year.
There is no implied status if you go from an IEC visa to another IEC visa. However, if you go from an IEC to a work permit, whch I did and what I believe the OP is doing, then you are automatically under implied status until a decision is made on work permit.

To answer the op's question, you do not need to apply for implied status, it is implicit after your IEC visa runs out.

bstar

I've also been through the process, and I know someone currently in the situation and they have been told by a border official and the cic that there is no implied status at all when moving from an IEC to any kind of visa at all.

Like I said you can do it and it wont be realised straight away it will be at a later stage.

SpiderBiff

bstar wrote: »

I've also been through the process, and I know someone currently in the situation and they have been told by a border official and the cic that there is no implied status at all when moving from an IEC to any kind of visa at all.

Like I said you can do it and it wont be realised straight away it will be at a later stage.

There's a lot of conflicting opinions on this. Two immigration consultants told me I could go from IEC into implied status. I got a third opinion and she said I couldn't.

This morning I received an email from a friend of a friend, who is a barrister & solicitor, and he said you can go from any work permit into implied status INCLUDING IEC.

If only Tim Hortons hadn't messed up the LMO application. My visa expires on Wednesday and I'm without an LMO but will most likely have a job offer from Tim's soon.

Thanks for all your messages and for sharing your experiences.

bstar

Just to ask another question are you meaning implied status while you wait on an LMO to get a work permit?

depending on where you are when you get the LMO just do a border run to activate a work permit and there will be no need to risk implied status.

If you mean while the LMO is being processed then there is no way to be on implied status as you need to have an LMO already to have a work permit application in progress to get implied status. An LMO application alone does not give you this under any circumstances.

You used to be able to apply for an LMO and work permit at the same time allowing concurrent processing but the CIC have stopped doing this.

jjbrien

bstar wrote: »

I've also been through the process, and I know someone currently in the situation and they have been told by a border official and the cic that there is no implied status at all when moving from an IEC to any kind of visa at all.

Like I said you can do it and it wont be realised straight away it will be at a later stage.

Implied status is only granted under certin cases. The IEC visa does not allow any extetions and it does say on the work permit you get no extentions are allowed. If you were on a normal work permit and had an application for either a new work pemit or in the final stages of PR then you can get implied status.

The only issue with implied status is you are not allowed leave Canada. If you do then you are no longer under implied status. The boarder guard is correct.