PGWP expired and ITA within reach

[Zenmind5]

Hello All,

Please suggest what to do next to get PCC and PR:

1. Currently in Canada but PGWP expired on 01/01/2023 (ineligible for 18-month PGWP extension)

2. Received ITA (score of 540 because of 1 year experience in Canada, MBA from Canada) but don't have PCC yet.

3. Other documents like Work experience letter can be obtained easily

4. Ielts scheduled for 15th Jan 2023. Earlier score on which I got ITA is expired.

How can I not leave the country and still apply for PR? Can my mom get PCC from India on my behalf while I get my ILETS score? I expect to complete all documentation and get an ITA before end of Jan 2023.

Please help.

 

[Ultraxion]

Restore status as a visitor, or apply for closed work permit. Since your PGWP expired you are not eligible for BOWP, even after AOR.

 

[Zenmind5]

Restore status as a visitor, or apply for closed work permit. Since your PGWP expired you are not eligible for BOWP, even after AOR.

No way to continue work? Can't afford to leave this high paying job. If I can't work, what should I tell my employer to minimize the damage and potentially resume work after getting PR.

 

[scylla]

No way to continue work? Can't afford to leave this high paying job. If I can't work, what should I tell my employer to minimize the damage and potentially resume work after getting PR.

There is no way to continue working right now.

Hopefully you've already stopped working. If not, do that asap since you're no longer entitled to work and are currently working illegally.

I would just be honest with your employer. Tell them your work permit has expired and you're no longer entitled to work.

Apply to restore your status to visitor. This will allow you to remain in Canada, but not work of course.

I would also recommend speaking with your employer to see if they will allow remote work from your home country. If so, then return to your home country asap and continue working from there until PR is approved and you can return to Canada.

If remote work is not possible, see if your employer is willing to go through the LMIA process so that you can get a work permit. This will take a number of months but may allow you to get back to work faster than waiting for PR.

 

[SCC]

You should have extended your PGWP before it expired... Especially when you have an ITA in hand... There's something called a DUMMY WP extension.. It takes them 5 months to process these apps..Before that you would've had an AOR in hand after you applied for the PR. That AOR could have been added to your existing DUMMY WP application through a Webform. That would have:
A. Kept you in status and you could have kept working under an implied status
B. Saved all the hassle

Now, you should restore and wait for your PR
OR
Go back to your home country and wait for the PR there..

However, don't work!! Solid Advise...

Reason I typed everything here is if someone like yourself is in the same boat in the future can take this advise...

 

[Ponga]

I had asked, in response to your other [identical] post, if you had ceased working. It sounds like you have not, which means that you have already worked without authorization if you worked this week...which is not good.

 

[Zenmind5]

There is no way to continue working right now.

Hopefully you've already stopped working. If not, do that asap since you're no longer entitled to work and are currently working illegally.

I would just be honest with your employer. Tell them your work permit has expired and you're no longer entitled to work.

Apply to restore your status to visitor. This will allow you to remain in Canada, but not work of course.

I would also recommend speaking with your employer to see if they will allow remote work from your home country. If so, then return to your home country asap and continue working from there until PR is approved and you can return to Canada.

If remote work is not possible, see if your employer is willing to go through the LMIA process so that you can get a work permit. This will take a number of months but may allow you to get back to work faster than waiting for PR.

Thanks for your reply. It's interesting that you mention about going to India and working from there. I would still be employed by a Canadian employer and getting paid in CAD in a Canadian account. Is that okay if my PGWP expired?

 

[Zenmind5]

I had asked, in response to your other [identical] post, if you had ceased working. It sounds like you have not, which means that you have already worked without authorization if you worked this week...which is not good.

Thanks. Yeah, I will speak to my employer about freezing my work duties immediately now. The same question to you as well: Can I go to India and work for my Canadian employer getting CAD salary in Canadian account? We have a work remote policy. I just want to ensure that the Canadian salary hitting SIN number won't be an issue for my PR application.

 

[scylla]

Thanks for your reply. It's interesting that you mention about going to India and working from there. I would still be employed by a Canadian employer and getting paid in CAD in a Canadian account. Is that okay if my PGWP expired?

Yes, that's absolutely fine if your PGWP is expired. Your employer of course has to approve this arrangement. But as long as they are OK with it there are no issues on the Canada side.

 

[Zenmind5]

Yes, that's absolutely fine if your PGWP is expired. Your employer of course has to approve this arrangement. But as long as they are OK with it there are no issues on the Canada side.

If I am outside Canada with expired WP, I loose my status and SIN in Canada. Hence is it not illegal for me and my employer to pay my salary in Canadian bank account?

 

[Ponga]

If I am outside Canada with expired WP, I loose my status and SIN in Canada. Hence is it not illegal for me and my employer to pay my salary in Canadian bank account?

Why not open a bank account in India and have your employer pay you through that account. You then transfer whatever you need to your Canadian account on your own.

 

[Zenmind5]

There is no way to continue working right now.

Hopefully you've already stopped working. If not, do that asap since you're no longer entitled to work and are currently working illegally.

I would just be honest with your employer. Tell them your work permit has expired and you're no longer entitled to work.

Apply to restore your status to visitor. This will allow you to remain in Canada, but not work of course.

I would also recommend speaking with your employer to see if they will allow remote work from your home country. If so, then return to your home country asap and continue working from there until PR is approved and you can return to Canada.

If remote work is not possible, see if your employer is willing to go through the LMIA process so that you can get a work permit. This will take a number of months but may allow you to get back to work faster than waiting for PR.

I stopped working yesterday and notified my employer. I am now applying for restoring my status as a visitor. Few questions:

1) What should I select in the below question? (My actual reason is to take IELTS on 15th Jan and file for PR under CEC from within Canada. I am also living with my GF).

Question 1

1. From the list, indicate the reason why you want to extend your stay:
   • Business
   • Tourism
   • Short-Term Studies
   • Returning Student
   • Returning Worker
   • Super Visa: For Parents or Grandparents (applies only to those who entered Canada with a Super Visa)
   • Family Visit
   • Other (medical visits, transit, etc.)
2. If you choose “Other”, provide details

Question 2:

How long are you "planning" to stay in Canada?

 

[Isabat]

You should have extended your PGWP before it expired... Especially when you have an ITA in hand... There's something called a DUMMY WP extension.. It takes them 5 months to process these apps..Before that you would've had an AOR in hand after you applied for the PR. That AOR could have been added to your existing DUMMY WP application through a Webform. That would have:
A. Kept you in status and you could have kept working under an implied status
B. Saved all the hassle

Now, you should restore and wait for your PR
OR
Go back to your home country and wait for the PR there..

However, don't work!! Solid Advise...

Reason I typed everything here is if someone like yourself is in the same boat in the future can take this advise...

Thank you so much @SCC ! I I am short of 15 days on my CEC, PGWP got through flagpole expiring in May but I complete 1 year in June 2024.

Do you think dummy Extension is the way or Can my wife apply for study permit and I continue switch to SOWP from my PGWP. I want to continue my current job.

 

[jamkyot03]

You should have extended your PGWP before it expired... Especially when you have an ITA in hand... There's something called a DUMMY WP extension.. It takes them 5 months to process these apps..Before that you would've had an AOR in hand after you applied for the PR. That AOR could have been added to your existing DUMMY WP application through a Webform. That would have:
A. Kept you in status and you could have kept working under an implied status
B. Saved all the hassle

Now, you should restore and wait for your PR
OR
Go back to your home country and wait for the PR there..

However, don't work!! Solid Advise...

Reason I typed everything here is if someone like yourself is in the same boat in the future can take this advise...

Does this still works???