I am in a rather difficult situation.

I was working for a company in Quebec at the time I applied to become a permanent resident (through common law sponsorship) and for a new Open Work Permit. As I applied for both at the same time before my original work permit expired, I gained implied status.

For anyone unfamiliar with implied status, the government immigration website contains a document called the Foreign Workers Manual. According to regulation R186(u) of the Foreign Workers Manual (CIC website), regarding impled status, it states:

"5.22. Work without a work permit R186(u)—Implied status
R186(u) allows for persons to continue working under the conditions of an expired work permit, as long as they applied for a new work permit before the original work permit expired. Once the
decision has been made, the client will either have to leave Canada or will continue as a worker who holds a valid work permit."

Now, I recently lost my job and it could still be a year before my new work permit comes through (as the permenent residence application is dealt with first). Previously, I was told by CIC that Implied Status allows me to continue working for the SAME employer (i.e. the employer I was with when I applied for renewal of my work permit) but, should my contract with that employer be terminated, I can't work for another employer before I get the new work permit. This would make sense in the case of a company closed work permit, but surely not for an open work permit... After all, the regulation clearly states that I can "continue working under the conditions of an expired work permit" (in my case an Open Work Permit), but makes no reference to employers or the same employer. Unless there is something I don't know about in the legislation.

Also, having payed 48 weeks of employment insurance, HRSDC declined my application stating that I do not have a valid "Employment Authorisation form", even though I went to great lenghts to provide evidence of my implied status / immigration status and of my original open work permit.

To me, everything seems to suggest I have a valid Implied Status which allows me to work under the conditions of my open work permit. In view of this, I should also get employment insurance.

Any comments? Would appreciate any expert views!

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