Closed work permit renewal during ongoing PR application?

[PrasadK]

Hello

My girlfriend's closed work permit is expiring in 6 months. She has an ongoing PR application in process but assuming it's not completed in time, does she need to get her closed work permit renewed? Is there an implied status here with the PR application? How about applying for an open work permit instead? What's the best course of action here?

CC: @legalfalcon

Thanks and regards
Prasad

 

[legalfalcon]

Hello

My girlfriend's closed work permit is expiring in 6 months. She has an ongoing PR application in process but assuming it's not completed in time, does she need to get her closed work permit renewed? Is there an implied status here with the PR application? How about applying for an open work permit instead? What's the best course of action here?

CC: @legalfalcon

Thanks and regards
Prasad

Just by submitting a PR application, and if your WP / study permit expires, you DO NOT go on implied status. After your work permit expires, you have two options, apply for BOWP (since your PR application has been submitted) or extend your WP.

When your application for a TRV is pending, and your current visa / permit has expired, only then you are deemed to be on implied status, until a decision on your TRV is made.

All temporary residents have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay. However, as per section R181, a temporary resident may 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 legal status as a temporary resident during the processing period.

See https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

 

[PrasadK]

Just by submitting a PR application, and if your WP / study permit expires, you DO NOT go on implied status. After your work permit expires, you have two options, apply for BOWP (since your PR application has been submitted) or extend your WP.

When your application for a TRV is pending, and your current visa / permit has expired, only then you are deemed to be on implied status, until a decision on your TRV is made.



See https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

Thanks a ton @legalfalcon ! We shall go ahead and apply for the BOWP closer to the expiration of her current work permit

Best regards
Prasad

 

[legalfalcon]

Thanks a ton @legalfalcon ! We shall go ahead and apply for the BOWP closer to the expiration of her current work permit

Best regards
Prasad

Who can apply for a BOWP
To be eligible, you must:

• live in Canada (Quebec not included)
• have a valid work permit that expires in 4 months or less
• be the principal applicant on your permanent residence application
• have submitted a complete application for permanent residence and passed the completeness check
• have your acknowledgement of receipt letter
  • we send this letter to your account after we get your permanent residence application

 

[PrasadK]

Who can apply for a BOWP
To be eligible, you must:

• live in Canada (Quebec not included)
• have a valid work permit that expires in 4 months or less
• be the principal applicant on your permanent residence application
• have submitted a complete application for permanent residence and passed the completeness check
• have your acknowledgement of receipt letter
  • we send this letter to your account after we get your permanent residence application

Thanks again @legalfalcon ! Yes I did catch that We'll apply in just over a couple months..

Best regards
Prasad