Post Graduate Work Permit - implied status or not?

[riko12]

Hello there!

I am in a big dilemma right now and if someone could pitch in their knowledge regarding the issue below it would be greatly appreciated!

My story- I have a post graduate work permit (PGWP) that will be expiring feb 2014. My common law partner and I have applied for for a PR through inland application which was received and in process on June 2013. The application for OWP was included in this application. But being idiotic-self, I forgot to sign the application for the OWP and the OWP application got sent back. I signed it and sent it back again.

Then I received a letter from CIC that my application for OWP has been received. The following is the exact words that the letter stated:

"As a Foreign National in Canada you are not eligible to apply for an open work permit until such time as you receive confirmation that your application for Permanent Residence will be processed from within Canada. Your application for an open work permit will be considered at the same time as your application for permanent residence and if the latter is accepted, the open work permit will be issued to you. Meanwhile, you are considered to have implied status and you may continue to work for any employer under the same conditions imposed on your most recent work permit."

My concern is the bold part of the sentence above. I was told that PGWP holder can not have an implied status because the PGWP itself can not be extended. Then what does the sentence mean? That I have a implied status (for both working and permission to stay in Canada since PGWP allows both) until the decision is made for the first stage for the PR application as long as I have some sort of work permit - in my case a PGWP?

Anyone with any knowledge about this, please help me out! Any information will help me greatly!

 

[scrls5]

I see your dilemma and understand your concern.
I believe you should not have to worry, as your PGWP is still in effect and is the current status you have. So you can continue to work and live under the conditions of the PGWP.

After Feb 2014, when your PGWP expires, you'll receive implied status (this may include that you wont be able to work anymore udner the PGWP), but you can continue to stay in Canada until you hear back form your PR application.

Hope this helps clarify a little bit

 

[truesmile]

Well it seems as though CIC is (and did) prepared to put that in writing for you. Good for you! KEEP that letter and you're GOOD to go!

 

[Line.a]

I see your dilemma and understand your concern.
I believe you should not have to worry, as your PGWP is still in effect and is the current status you have. So you can continue to work and live under the conditions of the PGWP.

After Feb 2014, when your PGWP expires, you'll receive implied status (this may include that you wont be able to work anymore udner the PGWP), but you can continue to stay in Canada until you hear back form your PR application.

Hope this helps clarify a little bit

Definitely the best advise I have heard regarding that question. Thank you!!

 

[Jamesdavid3]

That letter you have from the CIC is GOLDEN, Thats you're official proof that you can still continue to work even if and when your current Visa expires. You can just show that letter to your current employer and they will keep you even when you current visa/work permit ends.

 

[screech339]

That letter you have from the CIC is GOLDEN, Thats you're official proof that you can still continue to work even if and when your current Visa expires. You can just show that letter to your current employer and they will keep you even when you current visa/work permit ends.

Have you even read the last line. Work under same conditions imposed on current PGWP visa. It means you have to stop working when it expires since conditions is that it is not renewable.

Screech339

 

[rorodegdeg]

Have you even read the last line. Work under same conditions imposed on current PGWP visa. It means you have to stop working when it expires since conditions is that it is not renewable.

Screech339

I don't want to start a war but I just have a question

You have to admit that the formulation, either you or JamesDavid is right, is quite ambiguous.
Because you spoke about renewable but in this case, this is not really a renewal of his PGWP if you see what I mean.

I don't know who is right but it is strange they still keep this kind of grey area, they don't really help poeple.

 

[screech339]

I don't want to start a war but I just have a question

You have to admit that the formulation, either you or JamesDavid is right, is quite ambiguous.
Because you spoke about renewable but in this case, this is not really a renewal of his PGWP if you see what I mean.

I don't know who is right but it is strange they still keep this kind of grey area, they don't really help poeple.

What is it you don't understand? I can provide you links that says PGWP are not extendable and provide link that "implied status" is given while evaluation of work permit is being "RENEWED" until further notice. So which part are you not understanding. It is all there the wording "Renewal". People tend to miss the critial wording "renewal" in the "implied status"

Screech339

 

[bankerguy]

I was in the EXACT same situation

My gf is on a PGWP..it expires November next year.

She applied for family class - INLAND and she sent her OWP application along with her PR application.

We received AOR last week friday.

I called the CIC and said "if my girlfriends PGWP expires before we receive AIP (first level approval) can she continue to work. The CIC agent said "yes because she gets implied status"

i then said "i read that you cannot extend the PGWP" and the CIC agent said "this does not constitute as 'extending', the PGWP is a TYPE of open work permit, and a owp's are extendable"

I have a very similar thread on here..just last week...you can find it if you scroll down

 

[truesmile]

For those of you who have not seen a work permit with "conditions". "Conditions" relate to things such as 'location' and/or in many cases a specified 'employer'. The expiry date is not listed under the "conditions" section of the permit.

I agree, that letter is GOLDEN. I'd like to be there when a judge tries shoot you down holding that letter. Check the other related thread, he was told a PGWP is a "type" of open work permit and also is allowed to continue working. At least CIC's message appears to be consistent in "their" interpretation of the matter.

 

[bankerguy]

I agree with above

Screech: 'conditions' refer to where you work and the specific employer....

You've been a big help...but re-read the golden letter ! its saying exactly what the CIC agent said to me.

I believe you are getting hung up on the word "extend" ....it's not extending the PGWP... by continuing to work after it expires, you are have not extended it..you are now working under implied status..which is NOT an extension of the PGWP.

 

[angelrhea]

I just finished talking to CIC to re-confirm this matters since my PGWP is expiring next month. The agent told me that as long as I sent in the OWP application before the current PGWP expires, I will be able to continue to work under same condition under implied status.

p.s. I called CIC serval months ago regarding on this matter and I received the same answer.

 

[riko12]

oh my goodness, thanks guys for spending your precious time to help me out!!!

there seems to be a lot of debate concerning this whole PGWP-implied status or not issue, but seems like ive got a concrete answer from angelrhea, bankerguys's previous thread (for the PGWP holders out there that is reading this, i tried to the post link but it wouldnt work so just search "HELLP!:Application to Change Conditions / Extend Your Stay in Canada as a Worker") and my 'golden letter' as everyone refers to :-D.

im actually surprised CIC agent would give such concrete answer because ive been given super unhelpful answer such as "read what it says (i read what it says) - there you go" when i just wanted a confirmation in actual words from them!! :-/

thanks everyone, you've made my day!

 

[sonali_ibm]

Hi there,

Did you GF work after her PGWP expired??
I am in the same situation. I am applying PR under common law sponsorship along with OWP application(paper) but my work permit expires on Dec 23 2018, Can I still work while waiting for my OWP.

Please please please reply!!!

Your response will be really helpful for me ..

I was in the EXACT same situation

My gf is on a PGWP..it expires November next year.

She applied for family class - INLAND and she sent her OWP application along with her PR application.

We received AOR last week friday.

I called the CIC and said "if my girlfriends PGWP expires before we receive AIP (first level approval) can she continue to work. The CIC agent said "yes because she gets implied status"

i then said "i read that you cannot extend the PGWP" and the CIC agent said "this does not constitute as 'extending', the PGWP is a TYPE of open work permit, and a owp's are extendable"

I have a very similar thread on here..just last week...you can find it if you scroll down

hwre

 

[Baymaxboop]

Hi there,

Did you GF work after her PGWP expired??
I am in the same situation. I am applying PR under common law sponsorship along with OWP application(paper) but my work permit expires on Dec 23 2018, Can I still work while waiting for my OWP.

Please please please reply!!!

Your response will be really helpful for me ..

hwre

same situation any update?