Problem with status after PR application

[staema]

Hello,
I need some advise since I am a bit lost. My Canadian wife and I applied for PR via family sponsorship within Canada. My post graduate work permit expired end of August 2020 and I sent in my PR and OWP application in June. Since I forgot the original copy of my police record my application got sent back in December. I fixed the problem and resent the application package. What date will they consider for my status? I do not know if I have an implied status or no status. The first time I applied in June would give me an implied status since I still had a valid visa but the second time in December would give me no status since my visa was expired. Any help would be appreciated.

thanks

 

[scylla]

Hello,
I need some advise since I am a bit lost. My Canadian wife and I applied for PR via family sponsorship within Canada. My post graduate work permit expired end of August 2020 and I sent in my PR and OWP application in June. Since I forgot the original copy of my police record my application got sent back in December. I fixed the problem and resent the application package. What date will they consider for my status? I do not know if I have an implied status or no status. The first time I applied in June would give me an implied status since I still had a valid visa but the second time in December would give me no status since my visa was expired. Any help would be appreciated.

thanks

You are out of status because your application was returned and you resubmitted it after your PGWP had expired. The date they will consider for your application is December.

You should apply to restore your status. And obviously you cannot be working since you are out of status.

 

[staema]

I tried to restore status with an application for owp. They responded it was wrong since I already applied for a work permit with my pr application. What should I do now if I worked in this period since I thought I have an implied status.

 

[mf2040]

Hello,
I need some advise since I am a bit lost. My Canadian wife and I applied for PR via family sponsorship within Canada. My post graduate work permit expired end of August 2020 and I sent in my PR and OWP application in June. Since I forgot the original copy of my police record my application got sent back in December. I fixed the problem and resent the application package. What date will they consider for my status? I do not know if I have an implied status or no status. The first time I applied in June would give me an implied status since I still had a valid visa but the second time in December would give me no status since my visa was expired. Any help would be appreciated.

thanks

The same thing happened to me. Unfortunately, you are now out of status and can't work. You can remain in Canada, and you can't leave until you have a decision made on your application (it could complicate things for you). Did you send in the Restoration of Status doc with your application?
I called IRCC agents once, and they told me that the OWP will be processed when you are considered to be approved in principle, so obtaining AIP.

In my experience, I never got OWP and just regained status when I received COPR. It might be different for everyone, but let me know if you have any more questions!

 

[YVR123]

I tried to restore status with an application for owp. They responded it was wrong since I already applied for a work permit with my pr application. What should I do now if I worked in this period since I thought I have an implied status.

You can only restore as a visitor now.

 

[scylla]

I tried to restore status with an application for owp. They responded it was wrong since I already applied for a work permit with my pr application. What should I do now if I worked in this period since I thought I have an implied status.

You can't restore your status to an OWP.

You need to apply to restore to visitor status.

If you are working now, stop immediately. You've been working illegally since December.

 

[scylla]

I tried to restore status with an application for owp. They responded it was wrong since I already applied for a work permit with my pr application. What should I do now if I worked in this period since I thought I have an implied status.

Actually, thinking this through again. Instead of applying for restoration, the other option would be to apply to extend your PGWP under the public policy. However you still need to stop working immediately and won't be able to start again until the PGWP is approved and right now you're in Canada without status.

Details here: https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/pgwp-extend.html

 

[mf2040]

I tried to restore status with an application for owp. They responded it was wrong since I already applied for a work permit with my pr application. What should I do now if I worked in this period since I thought I have an implied status.

For me, my PGWP ended in June 2019, applied in February for PR, and got it returned in July-August. I was working until that point and had to quit the second I got it returned. You should be fine as long as they see that you stopped working and they will understand that you were on implied status.

 

[staema]

I will look into an extension of my pgwp but I think it might be to late since it expired in aug 2020. To make things even more complicated I hurt myself at work and have an accepted worker’s compensation benefit claim. Will my situation affect my claim?

 

[scylla]

I will look into an extension of my pgwp but I think it might be to late since it expired in aug 2020. To make things even more complicated I hurt myself at work and have an accepted worker’s compensation benefit claim. Will my situation affect my claim?

I don't know. That's a complicated situation. You would probably be best off speaking with a lawyer at this point.

 

[staema]

I don't know. That's a complicated situation. You would probably be best off speaking with a lawyer at this point.

Thank you. I already contacted a lawyer. My situation is even more complicated

 

[staema]

If I apply for an open work permit under a public policy I will have to let them know that I have worked with no authorization. Should I write that the information provided by the IRCC agent was confusing and that I thought I would have an implied status? that actually is what happened.

Thanks

 

[scylla]

If I apply for an open work permit under a public policy I will have to let them know that I have worked with no authorization. Should I write that the information provided by the IRCC agent was confusing and that I thought I would have an implied status? that actually is what happened.

Thanks

No idea. Sounds like a good topic to cover with your lawyer.