Hi there,

I am currently working in Canada under a closed work permit for my company which expires at the end of April. I have lived in Canada for nearly 4 years and am married to a Canadian Citizen. I am applying for Permanent Residency under the Spousal Class and also applying for an Open Work Permit at the same time hoping to send the documents off next week and before my current Work Permit expires. Will I still be on Implied Status while the process goes forward and therefore allowed to continue working for my current employer? I have tried to get the information from the CIC website and I thought this was the case but after a brief chat with an immigration consultant she told me that I would have to stop working when my current visa expires. This was a bit of a shock. My current work permit only allows me to work for my current company so I am technically not extending or renewing it as I am applying for the OWP. I am a UK Citizen. I initially came to Canada on a working holiday visa that got changed to the Closed Work Visa, I was on Implied Status for a period when my holiday visa expired and didn't have any issues.

Your help with my query is greatly appreciated.

Kind regards,

Andrew

The provisions of implied status are applicable only in cases of an application for renewal of a valid work permit. R186(u) states that an individual may then work in Canada without a work permit "until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date."

R201(1) states that "a foreign national may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada."

Therefore, if you are not applying for renewal, then implied status would not be applicable.