Immigration Issues/Implied status for IEC work permit
I'm currently in Canada under the International Experience Canada (IEC# work permit from the UK. I'm midway through my first year and I have another permit lined up for next year. At the end of that I will apply for Permanent Residency #PR# though the Spousal sponsorship - I will be common-law with my partner after 12 months. My question is this:
When I apply for PR #and open work permit concurrently) will I be covered under implied status after my IEC work permit expires?
I will be applying inland and around 8 months before the permit expires.
Thanks for your consideration,
Thank you for your question. The answer regarding implied status depends on the method of your PR application in the Family Class. If you apply via the In Canada Class, then yes, you will have implied status if you apply for an Open Work Permit along with the PR application. Technically, this is a grey area which has not been addressed in the regulations. But this is how they have been proceeding thus far in these cases.
However, if you apply through the overseas method, NO you will not have implied status because of your PR application. The advantage of overseas processing of this kind of application is that PR is generally decided much faster than the In Canada process and you also have the right of appeal to the Immigration Appeal Division of the Immigration and Refugee Board if refused. You do NOT have this right with In Canada Class applications.
To be on the safe side, apply for you 2nd IEC well before your current one expires. You won't need implied status if you are approved as you can apply for a new IEC permit with that letter by crossing the border and returning to Canada (flag poling). That way you won't need to go out of status.
I hope this helps.
Roxanne Jessome, RCIC
Regulated Canadian Immigration Consultant