Applying for VR on Implied Status

[iona_s22]

Hi,

My PGWP is expiring on 24th this January. I have only 8 months of work experience in Canada and I qualify for the FSW express entry program and I want to get a higher CRS score. I have put in an application to extend my OWP so that I can buy sometime , get a job and get those 3 months experience more and then update my EE profile application.

I received an authorization letter to continue working till July or until a decision is made, whichever comes first. In the event that it gets rejected, I do not want to go completely out of status. So I am confused about the following

1) should i put in my VR before 24th Jan? or should I wait to restore my status within 90 days after it expires? I want to be able to work as much as I can complete 1 year and get a better score. The VR processing time is 70 days and the OWP is 112 days . I am worried that if my VR comes before my decision on my OWP it will affect my authorization to work.

2) Do I have to stop working once I get my VR? or can I continue working whilst I still have a valid authorization letter and I am awaiting a decision on it.

Please help me to choose the best possible option. I want to work and remain in the country with status.

Thank you

 

[Naturgrl]

Hi,

My PGWP is expiring on 24th this January. I have only 8 months of work experience in Canada and I qualify for the FSW express entry program and I want to get a higher CRS score. I have put in an application to extend my OWP so that I can buy sometime , get a job and get those 3 months experience more and then update my EE profile application.

I received an authorization letter to continue working till July or until a decision is made, whichever comes first. In the event that it gets rejected, I do not want to go completely out of status. So I am confused about the following

1) should i put in my VR before 24th Jan? or should I wait to restore my status within 90 days after it expires? I want to be able to work as much as I can complete 1 year and get a better score. The VR processing time is 70 days and the OWP is 112 days . I am worried that if my VR comes before my decision on my OWP it will affect my authorization to work.

2) Do I have to stop working once I get my VR? or can I continue working whilst I still have a valid authorization letter and I am awaiting a decision on it.

Please help me to choose the best possible option. I want to work and remain in the country with status.

Thank you

You do know if your work permit extension is denied any experience gained on implied status doesn’t count towards Canadian work experience. So you aren’t eligible for PGWP extension but buying time doesn’t give you those months of Canadian experience. So you will not get one year of Canadian work experience.

You can work until you have a decision.

 

[iona_s22]

You do know if your work permit extension is denied any experience gained on implied status doesn’t count towards Canadian work experience. So you aren’t eligible for PGWP extension but buying time doesn’t give you those months of Canadian experience. So you will not get one year of Canadian work experience.

You can work until you have a decision.

Okay. I'll take note of that and read more and check on it.

but what about the questions I asked? is there anyway you know how to go about it best? Do I have to stop working if I get my VR ? or can I continue working till a decision on my WP application is made?

 

[Naturgrl]

Okay. I'll take note of that and read more and check on it.

but what about the questions I asked? is there anyway you know how to go about it best? Do I have to stop working if I get my VR ? or can I continue working till a decision on my WP application is made?

You don’t have to stop working until you have a decision on your WP extension. If denied then stop working immediately and change status to visitor.

 

[iona_s22]

You don’t have to stop working until you have a decision on your WP extension. If denied then stop working immediately and change status to visitor.

Thank you so much but in the event it gets rejected and not refused/denied, then I do not get 90 days restoration period to change to visitor status right? so is it better to submit the VR application within the next 90 days?? Could you please share your opinion on this to the best of your knowledge.

Application rejected
If the extension application is rejected (incomplete), it is as if the application was never submitted, and the applicant is in status until their existing temporary resident status expires.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[Naturgrl]

Thank you so much but in the event it gets rejected and not refused/denied, then I do not get 90 days restoration period to change to visitor status right? so is it better to submit the VR application within the next 90 days?? Could you please share your opinion on this to the best of your knowledge.

Application rejected
If the extension application is rejected (incomplete), it is as if the application was never submitted, and the applicant is in status until their existing temporary resident status expires.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Wrong section as your application is not rejected as incomplete.

Application refused
If the extension application is refused, the applicant is considered in status until the day the decision is made on their application. The 90-day restoration period under section R182 begins on the date of refusal.

If the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a), and the application for extension is refused before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.

 

[approvalplease]

You do know if your work permit extension is denied any experience gained on implied status doesn’t count towards Canadian work experience. So you aren’t eligible for PGWP extension but buying time doesn’t give you those months of Canadian experience. So you will not get one year of Canadian work experience.

You can work until you have a decision.

Do you have proof of this? This applies if your application is rejected not if it a refused.

 

[approvalplease]

Wrong section as your application is not rejected as incomplete.

Application refused
If the extension application is refused, the applicant is considered in status until the day the decision is made on their application. The 90-day restoration period under section R182 begins on the date of refusal.

If the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a), and the application for extension is refused before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.

You mentioned the very thing I was going to quote here. Refusal means you still have status. So on what basis will it not count?

 

[iona_s22]

Wrong section as your application is not rejected as incomplete.

Application refused
If the extension application is refused, the applicant is considered in status until the day the decision is made on their application. The 90-day restoration period under section R182 begins on the date of refusal.

If the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a), and the application for extension is refused before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.

Thank you ! I understood what you mean now. appreciate your help and prompt response

 

[approvalplease]

https://dfimmigration.ca/2021/01/14/what-is-implied-status-a-comprehensive-guide/#:~:text=Is work experience gained on,toward their PR application eligibility.

 

[iona_s22]

Do you have proof of this? This applies if your application is rejected not if it a refused.

I think you are right about this as I did read its counted and spoke to IRCC just now that confirmed the same. But I will research more on it.

 

[iona_s22]

You mentioned the very thing I was going to quote here. Refusal means you still have status. So on what basis will it not count?

I didn't completely understand what a rejection meant with my initial post. I understood differently but I got more clarity now