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BC PNP on 'Implied Status'

remya25

Member
Dec 30, 2018
14
0
Background:

I was on Open Work Permit and my husband was on Closed Work Permit that expired in Feb 2020. My husband's company had applied for work permit extension in January and is currently under process. Therefore, we both are currently on "Implied Status".



Questions:

My company is ready to support BC PNP, I wanted to get clarifications to few questions:

1. Am I eligible to apply for BC PNP while already on "Implied Status"?

If eligible and gets PNP Nomination -​
1.1. In case my husband's work permit application gets Denied for any reasons, is the PNP application/nomination still valid?​
1.2. Can I use BC PNP Work Permit Support letter to apply for a new work permit (for me and husband)​

3. Any other considerations related to PNP processing and being on "Implied Status"?

I tried to follow up and check with BC PNP folks, but haven't got much of clarifications, so trying my luck here. Any comments and suggestion are highly appreciated.
Thanks!
 

swtcici

Star Member
Feb 14, 2020
100
27
Background:

I was on Open Work Permit and my husband was on Closed Work Permit that expired in Feb 2020. My husband's company had applied for work permit extension in January and is currently under process. Therefore, we both are currently on "Implied Status".



Questions:

My company is ready to support BC PNP, I wanted to get clarifications to few questions:

1. Am I eligible to apply for BC PNP while already on "Implied Status"?

If eligible and gets PNP Nomination -​
1.1. In case my husband's work permit application gets Denied for any reasons, is the PNP application/nomination still valid?​
1.2. Can I use BC PNP Work Permit Support letter to apply for a new work permit (for me and husband)​

3. Any other considerations related to PNP processing and being on "Implied Status"?

I tried to follow up and check with BC PNP folks, but haven't got much of clarifications, so trying my luck here. Any comments and suggestion are highly appreciated.
Thanks!
not sure about other questions but yes you can use bcpnp support letter to apply for work permit.
 

raj@1420

Newbie
Mar 24, 2020
5
0
i am in the same situation. its been 9.5 months i applied for Lmia work permit extension. i have 102 points in skilled worker BC pnp but not sure can we aplly BC pnp under implied status or not. some people say yes half says no.
 

remya25

Member
Dec 30, 2018
14
0
Yes, it seems it is possible to submit for BC PNP while on implied status. However, not 100% sure. Anyways, we had applied for PNP and now waiting.
 

raj@1420

Newbie
Mar 24, 2020
5
0
Thanks for replying me back
Please update if your hear anything. I am planning to submit my application next month. As my 2 year experience completing on April 15th.
 

B777AF

Star Member
Dec 26, 2019
52
26
When you have "Implied Status" you cannot apply for PNP.
You need to either have a valid Vistor Visa, Study Permit or Work Permit to apply for BC PNP as mentioned on the PNP guide.

If you have "Implied Status" you can easily get a Vistor Visa to stay in Canada as long as your passport expires by applying on IRCC website and then you can apply on BC PNP.
If you have "Implied Status" at time of submitting your BC PNP application, officer will reject your application and will give you the reasons for rejecting and they will ask you to re apply with a valid status in Canada,

I am an experienced BC PNP candidate had same situation exactly 2 years ago!!
 

remya25

Member
Dec 30, 2018
14
0
When you have "Implied Status" you cannot apply for PNP.
You need to either have a valid Vistor Visa, Study Permit or Work Permit to apply for BC PNP as mentioned on the PNP guide.

If you have "Implied Status" you can easily get a Vistor Visa to stay in Canada as long as your passport expires by applying on IRCC website and then you can apply on BC PNP.
If you have "Implied Status" at time of submitting your BC PNP application, officer will reject your application and will give you the reasons for rejecting and they will ask you to re apply with a valid status in Canada,

I am an experienced BC PNP candidate had same situation exactly 2 years ago!!
Thanks for the info! So, since I have just started the PNP application and waiting for work permit extension on "Implied Status", should I apply for Visitor Visa ASAP? so that I can get a Visitor Visa in parallel while the PNP application is being processed...
 

remya25

Member
Dec 30, 2018
14
0
I was checking the visitor visa process and it seems I need to apply for "Status restoration" also though I am on implied status.
Is that accurate - do I need to pay for restoration as well?

Does applying for visitor visa impact the existing work permit extension that is already in process?
 

B777AF

Star Member
Dec 26, 2019
52
26
You can get status restoration by applying for visitor visa,
Visitor visa will be more good choice at this time!!
Because PNP asks you to give your current status in canada which is valid and if you indicate an expired status, they reject your application.
And visitor visa processing is not that long, you get it in 3-4 weeks despite current situation of COVID19
Type of your situation is explained here
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-special-measures.html

I also read, you have applied for work permit extension with IRCC,
There wont be any impact for your extension, you can also attach IRCC receipt or proof of application in process when you submit your pnp application,

The main reason why you need a valid status in canada for PNP to process and nominate you is,
It takes a lot of time due to a large volume of applications, this was said to me by a BC PNP officer 2 years ago when i was in your place!
 
Last edited:

remya25

Member
Dec 30, 2018
14
0
You can get status restoration by applying for visitor visa,
Visitor visa will be more good choice at this time!!
Because PNP asks you to give your current status in canada which is valid and if you indicate an expired status, they reject your application.
And visitor visa processing is not that long, you get it in 3-4 weeks despite current situation of COVID19
Type of your situation is explained here
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-special-measures.html

I also read, you have applied for work permit extension with IRCC,
There wont be any impact for your extension, you can also attach IRCC receipt or proof of application in process when you submit your pnp application,

The main reason why you need a valid status in canada for PNP to process and nominate you is,
It takes a lot of time due to a large volume of applications, this was said to me by a BC PNP officer 2 years ago when i was in your place!
Thanks! But it seems I cannot apply for Visitor visa unless I restore status because my work permit is expired. Online application asks me to restore when i provide expired work permit date [EDIT] - My mistake, I am able to submit application without needing to apply for restoration

However, in form IMM5708, not sure which option to select:
1. Extend my status as Visitor [Currently I am on work permit so not sure if this is the correct choice]
2. Resore my status as Visitor [No restoration needed]
3. Get a new temporary resident permit (for inadmissible applicant only) [ this one? but it says inadmissible applicant only :( )

Thanks for your valuable insights
 
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remya25

Member
Dec 30, 2018
14
0
Here's what BC PNP guides states:

In addition, the BC PNP will not nominate you if you:

  • are prohibited from entering Canada
  • are in Canada and are out of status
    • if your status has expired, and you cannot demonstrate you have applied for restoration of status within the 90-day eligibility period, you will be considered out of status
Since I have already applied for work permit extension, does that not demonstrate that I have applied for keeping my status intact and eligible to continue to work?
  • are working in Canada without authorization
  • have an unresolved refugee claim in Canada
  • are under a removal order in or outside of Canada
 

B777AF

Star Member
Dec 26, 2019
52
26
Here's what BC PNP guides states:

In addition, the BC PNP will not nominate you if you:

  • are prohibited from entering Canada
  • are in Canada and are out of status
    • if your status has expired, and you cannot demonstrate you have applied for restoration of status within the 90-day eligibility period, you will be considered out of status
Since I have already applied for work permit extension, does that not demonstrate that I have applied for keeping my status intact and eligible to continue to work?
  • are working in Canada without authorization
  • have an unresolved refugee claim in Canada
  • are under a removal order in or outside of Canada
Since I have already applied for work permit extension, does that not demonstrate that I have applied for keeping my status intact and eligible to continue to work?
Nope.... what if IRCC rejects your application? This is why it’s important for you to restore your status as visitor. Because even if IRCC rejects your application you could still apply for another application later with your visitor status and by staying in Canada.

You need to apply for:
2. Resore my status as Visitor
(If your work permit expired and you want to apply for BC PNP)

For no. 3, is for getting a new TRV stamp on your passport, for this you need to first receive a new study/work permit from IRCC to apply for TRV.

I would request you to send an email to BC PNP asking what you could do to overcome your current situation, they will give you response in 3-5 days and they will still assist you and guide you. The least they could let you know will be that you need a visitor visa which they wrote to me 2 years ago.

This Is in general; if any other person reading this same issue and also trying to apply for BC PNP, it takes approx 5-6 months for all process to be done if it’s NON-EXPRESS ENTRY in SKILLS IMMIGRATION and SEMI SKILLS IMMIGRATION this was my timeline and experience after contacting BC PNP in 2018
1) INVITATION - if you are lucky you will be able to go through BC PNP draw with in 1-2 weeks, if you have a good score, you will be invited (in my case it took 2 weeks in 2018 January)
2) APPLICATION (when you apply, they asks for your visitor/study/work permit details including its expiry date, issue date, other details. When you submit your application at that time your status must be at least 3 months valid before it expires, no matter visitor visa, study permit or work permit holder. (Why 3 months minimum validity required? BC PNP explain to me it takes 2-3 months for processing the application and you need a valid status in Canada to apply for PR or obtain a new WP and to be nominated.)
3) DECISION FOR NOMINATION it takes really super 2-3 months depending upon the processing application que, you will receive a phone call from officer before they make a final decision (my case 3 months and 12 days to receive a phone call and 3 days later received an email letting me know I am nominated)
4) IF NOMINATED then you will receive workpermit support letter and nomination certificate via Canada post regular letter mail

Once you receive a work permit support letter you can easily apply for extension or to obtain a new work permit and then you can also apply for non express entry PR paper application with in 6 months before nomination certificate expire.

Also for your information,
in November 2019 i started BC PNP process for my boyfriend under SKILLS IMMIGRATION NON EXPRESS ENTRY, he got 112 points and during the draw minimum score was only 90. He got invited on 1st week and submitted a complete application in December 2019 and today almost end of MARCH 2020 and it is still showing status as IN PROCESS, his status in Canada will expire in July 2020.
I hope you understand how long process it is, if you have a lot of patience and have valid status with more than 6 months you will be able to get nominated by BC PNP if all documents and details are valid.

I was checking the forum to see if anybody got any response from BC PNP for December applications and i could come across your topic and I shared with you my experience,
 
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remya25

Member
Dec 30, 2018
14
0
Thanks for the detailed answer!

I had mailed to PNPInfo@ gov.bc.ca and had asked about it, and they had responded with the previous information that I had posted in the thread earlier.

After that I asked
"Since I have already applied for my work permit extension (not status restoration phase yet), I am eligible for applying to PNP. Is that correct? "

And the ANSWER I was given was - "Please be advised that the BC PNP does not provide immigration advice nor pre-assess eligibility on specifics for registrations/applications due to our role as program administrators but we will be able to provide program information, explain and clarify criteria. It is the applicant’s responsibility to ensure their qualifications meet program requirements. "

Doesn't help much :(
 
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remya25

Member
Dec 30, 2018
14
0
Updating the thread here!

Before I could apply for the visitor visa, I have received the BC PNP nomination :)

While submitting, I had attached the expired work permit and WP extension application receipt. Not sure if that helped.
 

Miss bee

VIP Member
Mar 24, 2020
4,964
1,646
Updating the thread here!

Before I could apply for the visitor visa, I have received the BC PNP nomination :)

While submitting, I had attached the expired work permit and WP extension application receipt. Not sure if that helped.
When did you receive nominations under which category and noc?