Implied status and employee rights

Canada Immigration Forum (discussion group)


 
       
Subject: Implied status and employee rights
  Hi,

My work permit was due to expire, and its validity was limited by the validity of my old passport. Before extending my work permit, I had to extend my passport, a process that usually requires a few days. Unfortunately, my passport´s extension took roughly 2 months. Therefore, my application for work permit extension arrived late at the CIC office in Vegreville, AB, but it still arrived prior to its expiry.

As a physician currently in training, I was also issued a medical license from the College of Physicians and Surgeons of Ontario, which is a prerequisite for any clinical activity. The validity of the license is tied with the validity of my work permit. Now that I am waiting for my renewed work permit, the CPSO would not renew/issue me a temporary license, and without a valid license I cannot work.

My question: since my application was received by the CIC office 30 days prior to its expiry, does the CPSO have the right to withhold my license and not allow me to work? I thought that given my implied status, I should be able to continue working. Is the CPSO breaking any rules here by not respecting Canadian Law? or is this in the jurisdiction of individual employers to decide and set their own rules...

[27-02-2009,00:21]
[**.248.234.66]
achaud
(in reply to: Implied status and employee rights)
The different Organization have little if any knowledge of Immigration Manuals and procedures. This is another GREAT story of the right hand not knowing what the left hand is doing!

This is a great media story especially with the shortage of Doctor´s supposedly drastic if the story is true!

Want to get some attention????

Regardless the College will not budge unless someone clearly points out the errors of their ways!

Roy
www.cvimmigration.com

[27-02-2009,08:49]
[**.52.218.56]
Roy
(in reply to: Implied status and employee rights)

Nope, I disagree. Your license is tied to your work permit. How do you expect CPSO to know that you actually applied for an extention? You were supposed to do it before the expiration of your permit the delay is entirely your fault AND what guarantee do you have that your work permit extention is going to be actually approved? NONE.

The rules are written clearly. No Work Permit - NO License.

There is nothing to argue about. You employer is following the law.

I really hope you can resolve this issue as soon as possible, I wish you the best.

Cheers,

Bill

[27-02-2009,12:49]
[**.196.87.2]
Bill
(in reply to: Implied status and employee rights)
Interesting reply from Bill, and the tone of the reply is particularly notable. For once I thought you are a CPSO representative, and that may still be the case.. Anyway, the reason I brought up this issue is because other provinces consider implied status as adequate. I will quote directly from the official CIC document concerning implied status:

"5.5 Implied status
A temporary resident must apply to renew their status before it expires. If they have done so, their original temporary status (whether as a student, worker or visitor) continues until a decision is made and they are notified (R183(5)). If a visitor or any other class of TR leaves Canada, their
status as a temporary resident expires upon leaving"
http://www.cic.gc.ca/english/resources/manuals/ip/ip06e.pdf

Thus, while it is true that I cannot guarantee renewal of my work permit to anyone, the above qoute clearly states that until a final decision is made, my original temporary status as a worker continues.

In addition, all other provinces have licensing bodies similar to the CPSO. And they take implied status into consideration. The UBC website states the following:

"If the new work permit does not arrive prior to the expiry of the current one please forward a copy of the CIC fee receipt to Faculty Relations (UBCV) or Human Resources (UBCO). As long as the faculty member has applied for their new work permit prior to the expiry of their current one they will have implied status"

Obviously I have fee payment receipts and express mail tracking number as evidence that I applied for extension of my work permit prior to its expiry. So I think Bill that while this delay may entirely be my fault, I still acted within Canadian law by applying prior to expiry of my work permit by more than 30 days. CPSO on the other hand, seem to be closer to ignoring the law. By withholding my license, they are affecting my personal and professional agenda. But more importantly, they are putting Ontarians at SIGNIFICANT risk, by burdening an already under-staffed clinical service. How can they allow that to happen if their mandate is to protect Ontarians? That I think is something to argue about.


[28-02-2009,14:35]
[**.248.234.66]
achaud
(in reply to: Implied status and employee rights)

Hi Achaud,

No I don´t work with CPSO, I am actually located in British Columbia / Alberta. I used to be a border director for APEGGA (Association of Professional Engineers, Geologists, and Geophysicists of Alberta ) and we had that problem in the past.

The think is that your implied status in most cases apply to your immigration status not your license. I am not sure in Ontario but in some professional associations once your license expired you have to re-apply again. If your license was tied to your permit, once it expires is very little what can be done at least right in the spot and in order to re-apply you have to have a valid status in Canada.

Now, if you have the law saying that an implied status plus a receipt from CIC is sufficient to renew your license, you shouldn´t have any problems, actually you should bring a copy of it along with your CIC recipt and ask for one of the directors to evaluate your case.

At the end what they are doing is covering their arss. They don´t want to have a license professional working in Ontario with an unknown immigration status.

Print some copies of what you´ve got and go back there and shake some trees.

Cheers,

Bill

[02-03-2009,18:51]
[**.196.87.2]
Bill
Implied Status (in reply to: Implied status and employee rights)
My girlfriend an I came to Canada on a Bunac working holiday visa which expires in Dec 09.

I have recently applied for an LMO and an extension to my Work Permit. I am led to believe that when my current visa expires I will have implied status while I wait for a decision on the application.

My work permit application was completed with my girlfriend as my legal spouse. What I want to know is whether she will also have implied status when her work permit expires.

[03-11-2009,01:55]
[***.191.168.177]
Rob Smith
Ooops (in reply to: Implied status and employee rights)
Sorry put the above in the wrong area.

I´m sorry achaud I don´t know the answer to your question

[03-11-2009,01:59]
[***.191.168.177]
Rob Smith
expiring working permit (in reply to: Implied status and employee rights)
My work permit will be expiring this Oct. 11, 2010, can I still work while waiting for my new permit?
[08-09-2010,00:00]
[***.59.34.39]
Jeannie Sy
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