Employment, implied status and physical presence in Canada

Discussion of issues concerning temporary employment in Canada, or temporary entry for business activities.

Employment, implied status and physical presence in Canada

Postby Frio on Fri Dec 17, 2010 7:34 pm

Hello,

as far as I understand a temporary worker with a valid work permit, after having requested an extension of the work permit can continue working under the same conditions as the last valid work permit (implied status) until CIC agrees or denies the extension.

I also believe that the implied status is no longer valid if the worker leaves Canada after the work permit expired and before the CIC either accepts or refuses the permit extension.

Given all this the question is as following: what happens if a worker with a valid (non expired) work permit, after requesting a work permit extension leaves Canada before the original wp expiration date, and does not return to Canada until the new work permit has been issued?

Technically being outside of Canada between the two permits validity periods should remove the implied status condition, so can the worker keep being on a Canadian company payroll in that time period?

Regards,

Francesco
Frio
 
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Re: Employment, implied status and physical presence in Cana

Postby David on Mon Dec 20, 2010 5:47 pm

First, departure from Canada while an inland extension is pending can result in closure of the application by the Case Processing Centre. Although the renewal could be issued under this circumstance, this is a risk that exists.

Otherwise, if you are outside of Canada, there is nothing barring you from receiving wages from a Canadian company, with or without a valid work permit. It is the performance of work within Canada (with or even possibly without such wages) that is subject to this requirement.
David
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