Application rejected, Work Permit expires 15th Oct 2018

[canuck78]

It's not just the advertising that has to be completed before your employer can apply for the LMIA. They have to evaluate the applications, interview potential applicants, and then make a determination that there is no Canadian who can do the job. Then they can submit an LMIA application.

So, in other words, it will not be possible for your employer to submit a valid LMIA application in time to allow you to keep working under implied status. You will likely either have to change to visitor status, orleave Canada while the LMIA and work permit applications are pending.

What is your country of citizenship? You could look into IEC permits, it may be a faster way to come back and start working than waiting for the LMIA (But the LMIA, if approved, will allow you to claim 50 pts for a valid job offer...)

PGWP are not extendable so you wouldn't qualify for any bridging program.

 

[Sparta02]

It's not just the advertising that has to be completed before your employer can apply for the LMIA. They have to evaluate the applications, interview potential applicants, and then make a determination that there is no Canadian who can do the job. Then they can submit an LMIA application.

So, in other words, it will not be possible for your employer to submit a valid LMIA application in time to allow you to keep working under implied status. You will likely either have to change to visitor status, orleave Canada while the LMIA and work permit applications are pending.

What is your country of citizenship? You could look into IEC permits, it may be a faster way to come back and start working than waiting for the LMIA (But the LMIA, if approved, will allow you to claim 50 pts for a valid job offer...)

Thanks for the response jes_ON. Do you know if I can claim work experience under implied status while my work permit + LMIA applications are processing?

 

[jes_ON]

Thanks for the response jes_ON. Do you know if I can claim work experience under implied status while my work permit + LMIA applications are processing?

No, you won't have implied status unless you can submit a complete work permit application before your old permit expires.

 

[canuck78]

PGWP can't be extended so you have to stop working once your PGWP expires unless you have unapproved LMIA and WP.

 

[Sparta02]

No, you won't have implied status unless you can submit a complete work permit application before your old permit expires.

Im aware of that but If we apply for the work permit extension before status expiry and apply for Lmia 2 days after expiry but submit proof of application of LMIA?

My main question is if I get my WP application in before expiry, would I be able to use the implied status towards my canadian experience?

 

[Sparta02]

PGWP can't be extended so you have to stop working once your PGWP expires unless you have unapproved LMIA and WP.

Unapproved LMIA & WP means thats its under processing?

 

[jes_ON]

Im aware of that but If we apply for the work permit extension before status expiry and apply for Lmia 2 days after expiry but submit proof of application of LMIA?

My main question is if I get my WP application in before expiry, would I be able to use the implied status towards my canadian experience?

If you submit your WP application without proof of having applied for the LMIA, it will be considered incomplete. If you later submit additional documents (proof of LMIA application) before your work permit application is returned as incomplete, the VO should still reject it as incomplete. If you want to take a chance and apply anyway, you never know, you might get lucky.

If the application is rejected as incomplete, you will be out of status retroactive to January 5 (or the day after the last day of your old permit). (no implied status)

If it is accepted for processing and later refused (or approved), you would benefit from implied status. Note that by the rules, this should not happen, but stranger things have happened. If you feel you have no other choice, it may be worth the gamble.

 

[canuck78]

If you submit your WP application without proof of having applied for the LMIA, it will be considered incomplete. If you later submit additional documents (proof of LMIA application) before your work permit application is returned as incomplete, the VO should still reject it as incomplete. If you want to take a chance and apply anyway, you never know, you might get lucky.

If the application is rejected as incomplete, you will be out of status retroactive to January 5 (or the day after the last day of your old permit). (no implied status)

If it is accepted for processing and later refused (or approved), you would benefit from implied status. Note that by the rules, this should not happen, but stranger things have happened. If you feel you have no other choice, it may be worth the gamble.

Still can't keep working.

 

[jes_ON]

Unapproved LMIA & WP means thats its under processing?

Sparta, Canuck is saying that there can be no implied status after a PGWP. You would have to wait until your new WP is approved before you could work.

I have never heard this before. Previously only IEC permits have been discussed as non-extendible and therefore not eligible for implied status. PGWP-to-TWP have (in the past) always been eligible for for implied status, AFAIK. Any links to relevant verbiage you can show, Canuck?

 

[Sparta02]

Sparta, Canuck is saying that there can be no implied status after a PGWP. You would have to wait until your new WP is approved before you could work.

I have never heard this before. Previously only IEC permits have been discussed as non-extendible and therefore not eligible for implied status. PGWP-to-TWP have (in the past) always been eligible for for implied status, AFAIK. Any links to relevant verbiage you can show, Canuck?

Jes_ON, thanks for the responses!
I am also wondering if it is ok to apply LMIA through fax? Is there any way to confirm that they received the fax?

 

[canuck78]

Sparta, Canuck is saying that there can be no implied status after a PGWP. You would have to wait until your new WP is approved before you could work.

I have never heard this before. Previously only IEC permits have been discussed as non-extendible and therefore not eligible for implied status. PGWP-to-TWP have (in the past) always been eligible for for implied status, AFAIK. Any links to relevant verbiage you can show, Canuck?

You can get implied status but can't work is my understanding. I'll keep looking for the written info. Perhaps @canuck_in_uk @scylla can clarify.

 

[canuck_in_uk]

You can get implied status but can't work is my understanding. I'll keep looking for the written info. Perhaps @canuck_in_uk @scylla can clarify.

Not able to work and if submitting an incomplete app, will likely be rejected as such, meaning there was never any Implied Status either.

 

[jes_ON]

You can get implied status but can't work is my understanding. I'll keep looking for the written info. Perhaps @canuck_in_uk @scylla can clarify.

@Sparta02, to further clarify, when the two Canucks refers to implied status, they mean implied status as a visitor; because your work permit is "non-extendible" the authorization to work would not exist under implied status (if you were found eligible, which most likely you would not be in any case). Again, I understand this to be true for IEC permits, but have never heard/read anything that this rule should be applied to post-PGWP applications.

Moot point in your case, unless you get very lucky and a sympathetic VO bends the rules on your behalf. But it would be good to know... @scylla?

 

[scylla]

@Sparta02, to further clarify, when the two Canucks refers to implied status, they mean implied status as a visitor; because your work permit is "non-extendible" the authorization to work would not exist under implied status (if you were found eligible, which most likely you would not be in any case). Again, I understand this to be true for IEC permits, but have never heard/read anything that this rule should be applied to post-PGWP applications.

Moot point in your case, unless you get very lucky and a sympathetic VO bends the rules on your behalf. But it would be good to know... @scylla?

As far as I know it's true for IECs - don't think this applies to PGWPs but could be mistaken.

 

[Sra1]

Update: This ^^ was incorrect. I got my BOWP extended last week, while being on implied status, even though my PR application was rejected. Bumping my comment here as i know many people will come across this situation in the future.

Also, most agents don't know shit. They make money by using your lack of knowledge about the subject.

TL;DR:
A) Your BOWP application wont get rejected , just because the associated PR application got rejected. Ideally, try to apply for PR again asap and fill out IRCC online form to explain this update to them.
B) You can apply for PR while being on implied status. Period.

Hai Asd1985, I stuck here on same situation like u had. My PR file got resufed and my BOWP is still in processing. Iam in big trouble now. What do you suggest me?