Validity of implied status after applying for PGWP, with unintentional unauthorized work

[mcarbon]

So this is an unfortunate situation that came out of unfortunate ignorance.

My last day of classes were April 30. The university officially gave the status that I completed my studies on May 17. I worked on-campus for 3 weeks, full-time, from May 13, but I didn't apply for my PGWP until yesterday, June 9. My study permit expires on July 30.

I realized early on June 3rd that 2 of my work weeks were unauthorized, and I ceased working immediately. I explained truthfully in my PGWP application that I was not aware that my work was unauthorized, and that I ceased working immediately. I basically asked for forgiveness, and said that I'd be consulting registered experts before pursuing any type of work in the future.

Now, the question is: do I have a valid implied status? Can I work legally until a decision is made?

 

[zardoz]

So this is an unfortunate situation that came out of unfortunate ignorance.

My last day of classes were April 30. The university officially gave the status that I completed my studies on May 17. I worked on-campus for 3 weeks, full-time, from May 13, but I didn't apply for my PGWP until yesterday, June 9. My study permit expires on July 30.

I realized early on June 3rd that 2 of my work weeks were unauthorized, and I ceased working immediately. I explained truthfully in my PGWP application that I was not aware that my work was unauthorized, and that I ceased working immediately. I basically asked for forgiveness, and said that I'd be consulting registered experts before pursuing any type of work in the future.

Now, the question is: do I have a valid implied status? Can I work legally until a decision is made?

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15
The fact that you screwed up doesn't negate these conditions or eligibility.

 

[mcarbon]

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15
The fact that you screwed up doesn't negate these conditions or eligibility.

Thanks for that - it's quite reassuring.

I asked the question because I was looking at this link: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/after-you-apply.html

And it has a point that says you can work if you "were eligible to work off-campus without a work permit while studying and you didn’t work more hours than you were allowed to." The second part of this point is vague so I'm guessing the second part, starting from the 'and', only refers to more hours worked off-campus?

It's interesting that there is this distinction between unauthorized off-campus and on-campus work. I wonder why that is

 

[selvakk]

Thanks for that - it's quite reassuring.

I asked the question because I was looking at this link: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/after-you-apply.html

And it has a point that says you can work if you "were eligible to work off-campus without a work permit while studying and you didn’t work more hours than you were allowed to." The second part of this point is vague so I'm guessing the second part, starting from the 'and', only refers to more hours worked off-campus?

It's interesting that there is this distinction between unauthorized off-campus and on-campus work. I wonder why that is

1) On campus work can be related to your studies.

2) By its nature on campus work is very limited and it's unlikely that one person would get a lot of hours.

3) on campus jobs are set around a students timetable. Therefore its unlikely that a student would miss classes due to work. The same can't be said for off campus jobs.

4) Prior to 2014, you required a off campus work permit, which you could apply for after 6 months of your studies, however there were no restrictions on on campus jobs.

This is why off campus is mentioned separately.

 

[mcarbon]

For anyone in a similar situation:

I called IRCC earlier just to confirm that I can work under my implied status after the brief period of unauthorized work on-campus and the agent I spoke to said it is fine. I also submitted a question through the web form, just to make certain and have it in writing.

 

[mcarbon]

An update for anyone in the future who stumbles this thread: my application got approved. If you are caught in the same unfortunate situation, I think the best path is to be honest, upfront and apologetic about it in your letter of explanation.