Anyone worked while waiting for their PGWP (postgraduate work permit) to be approved?

[James Lyrie-Stewart]

I have some questions about working full-time while waiting for PGWP to be approved.

I finish my studies at the end of June, which will be when I start applying for PGWP. I plan to be working full-time while I wait for my PGWP. The problem is, my SIN expires at the end of July, and PGWP usually takes about 3 months to process—obviously, I can't renew my SIN without a work permit.

So what's going to happen when my SIN expires while I'm waiting for my PGWP? Do I still get paid? Can I still continue working with an expired SIN?

 

[canuck_in_uk]

I have some questions about working full-time while waiting for PGWP to be approved.

I finish my studies at the end of June, which will be when I start applying for PGWP. I plan to be working full-time while I wait for my PGWP. The problem is, my SIN expires at the end of July, and PGWP usually takes about 3 months to process—obviously, I can't renew my SIN without a work permit.

So what's going to happen when my SIN expires while I'm waiting for my PGWP? Do I still get paid? Can I still continue working with an expired SIN?

You can continue to work on your expired SIN.

Note that in the weeks or months between finishing your studies and being able to apply for your PGWP, you can only work 20 hours per week.

 

[James Lyrie-Stewart]

You can continue to work on your expired SIN.

Note that in the weeks or months between finishing your studies and being able to apply for your PGWP, you can only work 20 hours per week.

Thank you for your answer! Would my employer be able to pay me even if my SIN expired?

And yes, I understand that before I finish my studies, the conditions of the study permit still apply!

 

[_rozario]

Thank you for your answer! Would my employer be able to pay me even if my SIN expired?

And yes, I understand that before I finish my studies, the conditions of the study permit still apply!

Yes, as long as you applied before your permit/visa expired, you are on an implied status. If your employer asks, show them your letter and receipts of the transmit. You should be fine. My spouse has the same issue, his visa expired but he was on an implied status and there was no issue from his employer. He just received his OWP extension last week in fact.

 

[James Lyrie-Stewart]

Yes, as long as you applied before your permit/visa expired, you are on an implied status. If your employer asks, show them your letter and receipts of the transmit. You should be fine. My spouse has the same issue, his visa expired but he was on an implied status and there was no issue from his employer. He just received his OWP extension last week in fact.

That's great to know. Many thanks!!

 

[Emmanel]

Yes, as long as you applied before your permit/visa expired, you are on an implied status. If your employer asks, show them your letter and receipts of the transmit. You should be fine. My spouse has the same issue, his visa expired but he was on an implied status and there was no issue from his employer. He just received his OWP extension last week in fact.

So please if you thought you were on implied status but then get rejected based on the fact that you did not actually have any status in the country, would the fact that you worked for a month or two while waiting for your application to be processed affect your future pgwp re application? I was already rejected based on not restoring my status and I have gone back to my home country and re applied within my 180 days but I am worried that the work I did for two months while thinking I was on implied status would count as unauthorized work even though I’ve already been rejected for that period.

 

[_rozario]

So please if you thought you were on implied status but then get rejected based on the fact that you did not actually have any status in the country, would the fact that you worked for a month or two while waiting for your application to be processed affect your future pgwp re application? I was already rejected based on not restoring my status and I have gone back to my home country and re applied within my 180 days but I am worried that the work I did for two months while thinking I was on implied status would count as unauthorized work even though I’ve already been rejected for that period.

According to CIC -

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

- So, it turns our as long as you applied before your current visa was expired and stayed in Canada while waiting for a decision on your PGWP, you are on implied status and legally able to work. If a decision was already made, you are no longer on implied status and if your visa had already expired, you had to go through restoration process. I don't know why they would reject your first PGWP application but if you had gone back to your country and reapplied from there with all valid documents, they won't refuse you based on the work you did while on implied status.

 

[_rozario]

So please if you thought you were on implied status but then get rejected based on the fact that you did not actually have any status in the country, would the fact that you worked for a month or two while waiting for your application to be processed affect your future pgwp re application? I was already rejected based on not restoring my status and I have gone back to my home country and re applied within my 180 days but I am worried that the work I did for two months while thinking I was on implied status would count as unauthorized work even though I’ve already been rejected for that period.

You can also get this information here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[Emmanel]

You can also get this information here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

I was refused because I applied without restoring my status and my study permit had expired so at the time I applied I did not have any status. But after applying I thought I had implied status and kept working. Now I’ve reapplied out of the country and I’m terribly scared that the work I did in August while I wrongly thought I was on implied status would affect me. I technically started working on the 30th of July and I am hopeful that since I started working while I had status I’ll be fine even though I did do unauthorized work. It’s unauthorized because I stayed beyond the specified stay time and I think since that’s the only condition I failed I’ll still get it. I read that on the immigration laws website and it has examples to that for my case so I’m hopeful.

 

[_rozario]

I was refused because I applied without restoring my status and my study permit had expired so at the time I applied I did not have any status. But after applying I thought I had implied status and kept working. Now I’ve reapplied out of the country and I’m terribly scared that the work I did in August while I wrongly thought I was on implied status would affect me. I technically started working on the 30th of July and I am hopeful that since I started working while I had status I’ll be fine even though I did do unauthorized work. It’s unauthorized because I stayed beyond the specified stay time and I think since that’s the only condition I failed I’ll still get it. I read that on the immigration laws website and it has examples to that for my case so I’m hopeful.

You will get it this time!

Good luck and hope for the best!

 

[Emmanel]

You will get it this time!

Good luck and hope for the best!

Thank you!

 

[Emmanel]

You will get it this time!

Good luck and hope for the best!

Hey man. Thanks for the reassurance. In my application I put the the start date of work as August instead of July 30th. Since my permit had expired by then do you think it changes my chances? Or should I write a web form to get it switched to the 30th since it was a genuine mistake on my part

 

[taranvirmodi]

I was refused because I applied without restoring my status and my study permit had expired so at the time I applied I did not have any status. But after applying I thought I had implied status and kept working. Now I’ve reapplied out of the country and I’m terribly scared that the work I did in August while I wrongly thought I was on implied status would affect me. I technically started working on the 30th of July and I am hopeful that since I started working while I had status I’ll be fine even though I did do unauthorized work. It’s unauthorized because I stayed beyond the specified stay time and I think since that’s the only condition I failed I’ll still get it. I read that on the immigration laws website and it has examples to that for my case so I’m hopeful.

did you got your pgwp?