IEC to Express Entry CEC-Implied status

[TheBosss]

Hi there,

My IEC visa will expire in mid Nov this year, I am eligible for one more year through YP however my employer needs to pay compliance fee and get me an offer letter number for me to apply for the YP work permit, my employer told me according to their policy this would be considered a sponsorship even though we are LMIA exempt through the IEC program.

I am working for a bank and I like my job and I am happy in Canada so far and I am desperate for the PR to stay here and begin a peaceful life!!!

Some other forums from what I read, they apply for a work permit extension, just to stay on implied status 3-4 months, even though they know it will be rejected.

My question here is:
1. I am hoping to apply for EE through CEC, this will require 12 months of full-time, by mid Nov I will have 10 months, I started in early Jan. I heard that EE will send you ITA after 11 months (their systems counts this way), if this is true that means by mid Dec or mid Jan I will get an ITA (depends on draw dates).
The plan was to apply for the extension and stay on implied status at least to qualify for CEC, will this work?
Some people say that if you apply for extension under the PR bridging work permit option, it will pass initial screening and then will take 100 days till it gets rejected. Implied status is considered as work experience, however the question is, will the application pass the first screening to be evaluated? and if so, is this legal implied status? because some say IEC cannot have implied status.

2. Even lawyers don't know much about IEC conditions and options, one suggested that I just marry and my problems will go away. Well thank you very much we all know that, but from an ethical stand point, I want to believe that I will not reach this option of marrying someone just for PR, but if s*** hits the fan I guess then I will have to. Other option is to study anything from BA/language certificate or Diploma to get study permit and work full time, since no body checks and that's what all foreign students do, but the problem here is the high fees.!!!
Any other options you may know that could work?

You cannot imagine how stressful it is to be in a situation like this. I hope I will find something and make it after all.

Thanks in advance guys for your help and support.

 

[Riley Haas]

Hi,
I have asked our consultant who first came here on IEC himself to respond to this question but my understanding is that IEC cannot count for CEC, so you'll need the LMIA and regular work permit in order to get the year of experience for CEC.

Riley

 

[TheBosss]

Thanks Riley for forwarding my message, I hope I will recieve a reply soon.

Regarding if IEC can be counted towards CEC, that is confirmed by CIC. That is not an issue.

Thanks.

 

[Anthony Doherty]

Hi there,

It is unfortunate that the bank is taking this stance on such an easy process and this would take the pressure off the upcoming expiry date in November. Yes, you are correct in saying that IEC counts towards Canadian Experience Class and to answer your question, implied status also counts. You are not applying for an extension as you know that IEC work permits cannot be extended. You will be applying for a Bridging Open work permit. When you apply you should state in your cover letter that you do not have an AOR, however, you respectfully request that by the time that processing begins on your application and you do indeed have an AOR then you request a bridging open work permit. Please note that by this time if you do not have not submitted an AOR visa case specific enquiry then your application will be refused and you will be required to restore your status or leave Canada. The fees for a BOWP are $255. I hope this helps.

Regards

Anthony

 

[TheBosss]

Hi Anthony,

Thanks for taking the time to answer this. This is really helpful for myself and others that will read this and they are in the same position.

Just to clarify here from your answer, when you say: "Please note that by this time if you do not have not submitted an AOR visa case specific enquiry.....".

Here I believe you mean that since I mentioned in the cover letter that by the time they start processing the application there will be an AOR in the system by that time, so I presume this means the application would pass the initial screening (which if it is a paper application would give me at least 3 months implied status), right?
And also you mean that by the time they start processing the application if they don't find an AOR in the system, they will refuse it (paper processing times takes around 100 days).

So hopefully the worst case scenario would be that I will stay in Canada on a Tourist visa, after restoring my status, once they refuse the application, and wait for the PR application (fingers crossed) for 4-5 months.

Please confirm if I understand correctly here.

Once again thank you for your help and support.

 

[Anthony Doherty]

You need a AOR in order for a BOWP to be issued. If the officer does not have by the time your application is being processed he/she will refuse the application.

If you receive a refusal you will be out of status on the day the refusal is issued. Yes you would need to restore as a visitor, as PR cannot be issued to someone with no status. A RESTORATION/CHANGE OF CONDITIONS TO VISITOR IS NOT GUARANTEED SO REGARDLESS, PLEASE ENSURE YOU HAVE STATUS BEFORE YOU ARE ISSUED PR.

 

[TheBosss]

This part is clear and thanks for making it even clearer.

However I am worried about the first stage of the process, the screening part, because now with the Express Entry, you get your AOR electronically the next day. Therefore I am just worried the cover letter won't cut it, of course I am going to ask for them to accept it and that by the time they start the process an AOR will be in the system.
I just don't know if this is enough to pass at least the screening level and not get rejected straight away, which if it happens it will be a complete disaster, since I need two months on implied status in order to complete the 12 months total needed for CEC.

Do you think even now with EE in place, applying for a BOWP without an AOR, (and actually without even an EE ITA), can still pass the screening level and at least make it to the processing stage?

I really hope so, because I really need to get implied status for 2 months. It is really really really stressful.

Thank you Anthony.

 

[Riley Haas]

Hi again,
Any more questions for Anthony will require a consultation. If you are interested you can email us at [email protected] or call us at 1-866-760-2623 (1-416-962-2623).

Otherwise, I can attempt to answer your questions.

 

[TheBosss]

Hi Riley,

I appreciate your reply. and yes I am interested of course for a consultation, however before I do that I need to know if the extension application still works now without the AOR, since the e-aor is instant and you get it once you apply for PR. Therefore my concern is that now I don't really have an excuse to send the application with just a cover letter saying that I will have an AOR once my application starts to be processed.

If yourself or Anthony can confirm that this is still good, then I will need to contact you guys to tell me what to write in the letter and what's the best way to do this.?

Thanks.

 

[Anthony Doherty]

Hi There,

No, this cover letter will not guarantee that the BOWP will be refused, even if you submit the Electronic AOR before the application is processed. We only do this for clients if there is no other alternative and as a last means. Remember that you can still apply for Express Entry from your home country.

Regards

Anthony

 

[TheBosss]

Hi Anthony,

Thanks for the reply.

Ok, because we are going in circles here, I will make my question easy and simple.

I know no body can guarantee anything, and I don't really care if the application gets refused. I only need to stay on implied status for 3-4 months (paper application), in order to complete 12months work needed for CEC express entry.

Now my simple question to you is:
If I apply for BOWP with no e-AOR, and with just the cover letter, will my application get processed? (I am not saying accepted or refused, just processed, meaning passing the preliminary screening stage).
I am asking because some other forums mention that some applications get rejected in 2-3 weeks time before even they reach the processing time, for not having the proper grounds/reasons for the application or not having correct paperwork, or even missing info on the application.

If at least this is guaranteed, and you did help clients before to get the implied status for 3-4 months even though they end up refusing the application, pls let me know, so we can take it further with a consultation, otherwise there is no point right.

Thanks.

 

[Riley Haas]

I'm sorry he didn't answer your question the way you were hoping. Anthony can only devote so much time to the forum. With a consultation you would be able to speak to him personally and get all the information you need.

 

[TheBosss]

Hi Riley,

Express Entry calculates work experience using only "month/year" to "month/year" format, which means you receive ITA one month early. Do you know about this? and if yes, what should I do, submit PR application or decline ITA?

i.e I started my work experience in Canada 01/2015, hence by 12/2016 the EE system assume completion of one full year, therefore CRS points get awarded, and receive ITA before actual completion of one full year of Canadian work experience.

Some people say that one should accept an ITA only if they completed their full year Canadian work experience at the time of ITA is issued. however this is a glitch from the EE system.

from your experience, what do you think?

Thanks.

 

[Riley Haas]

Is there an expiry date on your Invitation to Apply?

 

[TheBosss]

it is 90 days now. it has changed from 60 days previously.

However, I don't see what is this has to do with my question?!

I am just asking, if I receive an ITA one month short from having full 12 months Canadian work experience, should I submit my PR application? or reject ITA go back in the pool until 2 draws later I have completed 12 months experience.

Some say that you need to qualify on the date you receive an ITA, others say on the date you submit your PR application, and others say it is ok to submit once you receive an ITA.!!!

The system is based on months base, i.e. if you start on Jan/2016, the system will give you CRS points on 01/12/2016.

Any ideas?
Thanks.

 

[Riley Haas]

It is relevant because it's the date you submit your application that you must qualify. So, if you are worried about submitting the application before you have the full 12 months work experience, can you not wait until you do and submit it then? You will meet the requirement within the 90 days, right?

 

[TheBosss]

Hi Riley,

Well according to CIC below, it is not really clear if that's the case, they say your profile is locked when you submit your e-APR, but then they state that the officer will determine if you don't qualify at the time you were issued an ITA...!!!

This is really confusing.

The only reason I am worried, is because I am on implied status, and I am worried that I will get a work permit refusal letter before I complete the 12 months experience required, hence the dilemma should I risk it and apply like others did once they got their ITA even though they were missing a month OR should I risk it and wait until I complete 12 months and then accept an ITA and submit e-APR.

I understand the second option is safer, and the first one is a gamble, what is your thoughts in this matter?



"Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when
the Invitation to Apply (ITA) was issued; or
the e-APR was received by IRCC.

When reviewing an application, processing offices must determine if

the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant?s supporting documentation; and
when the applicant submits their e-APR, the information provided in their Express Entry profile has not materially changed to the degree that the applicant would not have been issued an ITA in that round of invitations.
Accordingly, officers should refuse an application under section A11.2 if it is determined that

at the time of the ITA or e-APR, the applicant did not or does not meet the MEC, which includes the requirements of the program to which they were invited to apply; or
the applicant?s recalculated CRS score has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations.
When an applicant submits an e-APR to CIC, the information in their application is locked, and their CRS score at the time of their application is recorded in GCMS."

http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

 

[Riley Haas]

Hi again,
I'm sorry to say that this is getting well out of my area of knowledge. I'm not one of the consultants, just the forum admin. I'm really not sure what you will do. All I can say is I think you really should speak to one of our consultants, or another consultant or lawyer, and they have handled these situations before and can advise you on what you need to do far better than I can, and they can hopefully assuage your fears.

Sorry.

Riley

 

[Snowsure]

Hi TheBossss,

I would really like to know the outcome of your situation. I tried to PM you but the message doesn't show in my sent items so not really sure if you got it.

Anyway yea.. i'm in a very similar situation so would be very keen to know how it worked out for you!

Thanks,

K

 

[Riley Haas]

I believe that the PM doesn't show up until someone responds. Sorry about that.