Am I still under implied status or should I restore my status as visitor? Please advise

[misshacalih]

Hi everyone,

Me and my common law partner have submitted my inland common law application with an extension work permit on May.2019. I am currently working in Canada with PGWP. My post graduate work permit expires on July 5. However in August I had my files sent back to me from IRCC and they have asked me to provide an missing document so I did that and I sent all the application again along with my work extension form again on August after my PGWP expires. However I am not sure if I am still under implied status or I need to restore my status as a visitor. I have been working for the same component since January 2018. My company HR said I am under implied status but a consultant said I need to stop working and restore my status as visitor.

Please advise me what I should do.

Thank you very much

 

[Jnicole45]

Since you technically (in the eyes of IRCC, because the initial application was returned) applied for the work permit AFTER your previous one expired, I do not believe you are covered by implied status.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=186&top=17

 

[scylla]

Hi everyone,

Me and my common law partner have submitted my inland common law application with an extension work permit on May.2019. I am currently working in Canada with PGWP. My post graduate work permit expires on July 5. However in August I had my files sent back to me from IRCC and they have asked me to provide an missing document so I did that and I sent all the application again along with my work extension form again on August after my PGWP expires. However I am not sure if I am still under implied status or I need to restore my status as a visitor. I have been working for the same component since January 2018. My company HR said I am under implied status but a consultant said I need to stop working and restore my status as visitor.

Please advise me what I should do.

Thank you very much

You are out of status in Canada and need to stop working. You were required to stop working as soon as your application was returned in August (you lost implied status then). Yes - you'll need to apply to restore your status.

 

[misshacalih]

You are out of status in Canada and need to stop working. You were required to stop working as soon as your application was returned in August (you lost implied status then). Yes - you'll need to apply to restore your status.

Yes I have stopped working now. However I am not sure if I should re apply my work permit and pay both 255 and 200 restoration fee or should I just update my work permit form with 200 register fee attached to it?

Thank you for your help

 

[misshacalih]

Since you technically (in the eyes of IRCC, because the initial application was returned) applied for the work permit AFTER your previous one expired, I do not believe you are covered by implied status.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=186&top=17

Yes and I am not sure what to do next after resend everthing in August without restoration fee attached to it and the updated work permit application. Should I do everthing all over again or just attached the $200 with the updated work permit application. And thank you for your quick response.

 

[zardoz]

Yes I have stopped working now. However I am not sure if I should re apply my work permit and pay both 255 and 200 restoration fee or should I just update my work permit form with 200 register fee attached to it?

Thank you for your help

Note that because your application was rejected as "incomplete", there was never any "implied status" and any work experience gained in that period was a) illegal and b) can't be counted as "Canadian experience".

 

[21Goose]

Yes and I am not sure what to do next after resend everthing in August without restoration fee attached to it and the updated work permit application. Should I do everthing all over again or just attached the $200 with the updated work permit application. And thank you for your quick response.

You have already paid for the work permit ($255) and haven't received a rejection so you don't need to pay that again. That application is being processed based on your spousal sponsorship. You don't need to do anything on that front.

You do need to pay the $200 and apply for restoration as a visitor.

 

[misshacalih]

You have already paid for the work permit ($255) and haven't received a rejection so you don't need to pay that again. That application is being processed based on your spousal sponsorship. You don't need to do anything on that front.

You do need to pay the $200 and apply for restoration as a visitor.

You have already paid for the work permit ($255) and haven't received a rejection so you don't need to pay that again. That application is being processed based on your spousal sponsorship. You don't need to do anything on that front.

You do need to pay the $200 and apply for restoration as a visitor.

Will do that thank you for your help.

 

[misshacalih]

Note that because your application was rejected as "incomplete", there was never any "implied status" and any work experience gained in that period was a) illegal and b) can't be counted as "Canadian experience".

When I had my package sent back last week as in imports on the yellow form it only says missing one document. It never ask me to restore my status. That's why I was not aware of the face that I am not under implied status. But I do now. Thanks

 

[misshacalih]

Updates: I have restore my status back in September and it has been approved! The processing time was 4 month! Thank you all for the help. Much appreciated.

 

[momo222]

This post is so helpful... I've seen so many posts asking questions then no one came back to leave updates. Dont know what to do when i experience the same issue..

 

[21Goose]

Updates: I have restore my status back in September and it has been approved! The processing time was 4 month! Thank you all for the help. Much appreciated.

Glad to hear it.