Confused about my status

[gimmeThatPR]

Hi All,

So my case here is bit complicated:

I had a valid PGWP which ended on september 27,2012 .
Before the expiry of my work permit

1) I applied for another stuent permit which I got till august,2014

2)And I applied for a spousal sponsorship along with renewal of my open work permit application.

I never used my new study permit and I have been working under implied status from september 2012,
And I have been going back and forth with my spousal sponsorship and now I think its going to be rejected because the officer is still not satisfied with the proofs I have given him.
Now ;

1) If my spousal sponsorship gets rejected i.e my work permit application gets rejected with it. What status am I going to be on after it gets rejected? can I still continue to stay in canada on my study permit which I am not even using?

2) My current employer is ready to do my LMO . If my work permit application gets rejected Can I still apply for an LMO while I am on the student permit?? Or should I apply the LMO now while on the implied status?

I had applied for a CEC application and they rejected it saying since I had applied for the study permit they didnot consider my experience after I received a study permit and I called the cic agents and they told me to re apply with a cover letter and explaining your situation.
So i did re-apply and wrote them an email to clarify as well... and waiting for their response....

this whole process is really stressing me out ....any suggestions/advice will be greatly appreciated....

 

[PMM]

Hi

Hi All,

So my case here is bit complicated:

I had a valid PGWP which ended on september 27,2012 .
Before the expiry of my work permit

1) I applied for another stuent permit which I got till august,2014

2)And I applied for a spousal sponsorship along with renewal of my open work permit application.

I never used my new study permit and I have been working under implied status from september 2012,
And I have been going back and forth with my spousal sponsorship and now I think its going to be rejected because the officer is still not satisfied with the proofs I have given him.
Now ;

1) If my spousal sponsorship gets rejected i.e my work permit application gets rejected with it. What status am I going to be on after it gets rejected? can I still continue to stay in canada on my study permit which I am not even using?

2) My current employer is ready to do my LMO . If my work permit application gets rejected Can I still apply for an LMO while I am on the student permit?? Or should I apply the LMO now while on the implied status?

I had applied for a CEC application and they rejected it saying since I had applied for the study permit they didnot consider my experience after I received a study permit and I called the cic agents and they told me to re apply with a cover letter and explaining your situation.
So i did re-apply and wrote them an email to clarify as well... and waiting for their response....

this whole process is really stressing me out ....any suggestions/advice will be greatly appreciated....

1. You don't have implied status to work. You applied for a study permit but continued to work.

 

[gimmeThatPR]

i applied for a study permit AND a work permit

 

[noc4012]

1. You can stay in Canada with the study permit but cannot work except on-campus. You can no longer work.

2. If your work permit gets rejected, you can apply for another one with an LMO. I suggest you ask your employer to apply for it right away and then apply for work permit. This application takes a long time so the sooner you start the better in case you don't get PR or WP under spousal sponsorship.

If you get LMO and apply for WP, you may keep working on implied status; but you may want to double check with CIC.

If your PR and WP get rejected before you mail your new LMO/WP application, you cannot work until you get a response on the new application.

 

[gimmeThatPR]

Hi PMM,

Since you have lots of experience .... can you please tell me .... if i had applied both work permit and study permit before the expiry .
Does that put me under implied status or not?

 

[gimmeThatPR]

@noc

Do you mean , if i apply for another work permit with LMO while i am on implied status .... I can continue to be on implied status
even if my other work permit application gets rejected?

 

[noc4012]

@ noc

Do you mean , if i apply for another work permit with LMO while i am on implied status .... I can continue to be on implied status
even if my other work permit application gets rejected?

You may continue to be on implied status. I suggest you confirm with CIC about you status before accepting work to make sure you do not work without authorization.

What I mean is that if you get rejected without applying for a new one, you are CERTAINLY not allowed to work, so applying anyway for LMO and work permit can improve your situation.

 

[gimmeThatPR]

@ noc

So i talked to my lawyer today....
And he said ... if my application gets rejected .... I can apply for an international student LMO.... since right now I have the same
status as PGWP from last year....
So After rejection he says I will have 90 days to apply for an LMO.... Is that true?

And also he said since you are under implied status ...you can also apply for a BOWP... because you have a valid status....after I get the AOR??

I am not sure how right he is...