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Expired open work permit

jj_rana

Star Member
Jul 11, 2011
63
0
Category........
Visa Office......
Buffalo>CPP-O
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2012
AOR Received.
14-08-2012
Med's Request
04-04-2013
Dear experts,

My wife has an open dependant work permit that got expired two months ago and we already have applied for an extension. The same is with me but my employer says I can continue working with implied status (implied= applied for work permit extension). The scenario is different with my wife as even though she had a valid work permit, she never worked in Canada. Now when she got a job offer, her status is 'Implied'. The employer is asking for an official proof/confirmation wherein it says a person with implied staus can be hired or can work in Canada.

Does any of you know if she can start working before she gets are work permit renewed? Is there anything on the web that can confirm this?

Thanks a lot and I appreciate your help.

Rana
 

glowingheart

Hero Member
May 27, 2010
616
23
124
AB
Category........
Visa Office......
Buffalo
NOC Code......
5225
Job Offer........
Pre-Assessed..
App. Filed.......
Apr 26 2010
Doc's Request.
July 27 2010
AOR Received.
Dec 19 2010
IELTS Request
done before application
File Transfer...
Aug 4 2010
Med's Request
March 12 2012
Med's Done....
March 30 2012
Interview........
waived
Passport Req..
Jan 10 2013
VISA ISSUED...
Jan 17 2013
LANDED..........
Jan 25 2013
Hi if your application for the new work permit was sent in before your work permit expired and you are renewing your wife's wp on the same application

then yes she is in implied status

but if you didnt pay her fee and selected the extension for her she is not
 

jj_rana

Star Member
Jul 11, 2011
63
0
Category........
Visa Office......
Buffalo>CPP-O
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2012
AOR Received.
14-08-2012
Med's Request
04-04-2013
Thanks glowingheart.

Well, let me give you some more background.
- I applied for extension during Feb 2011 and my current WP was set to expire on May 1st 2011.
- I applied for my wife's extension during mid of April 2011 and her current WP too was set to expire on May 1st. This was because she came here on 1st of April 2011.
- I paid all the fee.
- Her application wasn't clubbed with mine.
- I'm in implied status and I can continue to work as per notification received from my employer.
- Till now, my wife hasn't joined any job.

Question is, can my wife start working now before she gets her new WP?

I appreciate your help.

Thanks,
Rana
 

glowingheart

Hero Member
May 27, 2010
616
23
124
AB
Category........
Visa Office......
Buffalo
NOC Code......
5225
Job Offer........
Pre-Assessed..
App. Filed.......
Apr 26 2010
Doc's Request.
July 27 2010
AOR Received.
Dec 19 2010
IELTS Request
done before application
File Transfer...
Aug 4 2010
Med's Request
March 12 2012
Med's Done....
March 30 2012
Interview........
waived
Passport Req..
Jan 10 2013
VISA ISSUED...
Jan 17 2013
LANDED..........
Jan 25 2013
Your wife is in implied status
Legaly she is ok to work
It all depends on the new employee if he beleives her or not

My sugestion is go to the employer and show the expired one and just say that she is waiting for the renewal that should be in her hands in about x amount of days ( do your math with the processing times)

Hopefully he will take her word
 

jj_rana

Star Member
Jul 11, 2011
63
0
Category........
Visa Office......
Buffalo>CPP-O
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2012
AOR Received.
14-08-2012
Med's Request
04-04-2013
Thanks a lot glowingheart, you brought peace in my mind :)

However, is there anything written in the CIC website in this regard? I searched for it but information provided in the website is too vast to consolidate in such a short amount of time.

Thanks again!

Rana
 

glowingheart

Hero Member
May 27, 2010
616
23
124
AB
Category........
Visa Office......
Buffalo
NOC Code......
5225
Job Offer........
Pre-Assessed..
App. Filed.......
Apr 26 2010
Doc's Request.
July 27 2010
AOR Received.
Dec 19 2010
IELTS Request
done before application
File Transfer...
Aug 4 2010
Med's Request
March 12 2012
Med's Done....
March 30 2012
Interview........
waived
Passport Req..
Jan 10 2013
VISA ISSUED...
Jan 17 2013
LANDED..........
Jan 25 2013
yes there is but you will have to search for it

again it doesn't matter if you show it if the employer doubts he wont hire
 

jj_rana

Star Member
Jul 11, 2011
63
0
Category........
Visa Office......
Buffalo>CPP-O
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2012
AOR Received.
14-08-2012
Med's Request
04-04-2013
I found the following-

- TFWs who have applied to extend a WP with the same employer have implied status from the date the application is received at CPC-V and can continue to work at their existing place of employment as long as they remain in Canada.
- TFWs who have applied for a WP with a new employer, however, are not able to work for the new employer until they receive their work permit.

Since my wife was never employed and she has an open work permit, does this mean the second statement is not valid for her and she can work with implied status?

Thanks,

Rana
 

glowingheart

Hero Member
May 27, 2010
616
23
124
AB
Category........
Visa Office......
Buffalo
NOC Code......
5225
Job Offer........
Pre-Assessed..
App. Filed.......
Apr 26 2010
Doc's Request.
July 27 2010
AOR Received.
Dec 19 2010
IELTS Request
done before application
File Transfer...
Aug 4 2010
Med's Request
March 12 2012
Med's Done....
March 30 2012
Interview........
waived
Passport Req..
Jan 10 2013
VISA ISSUED...
Jan 17 2013
LANDED..........
Jan 25 2013
I beleive that she is in implied status regarding her stay in canada but she is not able to work

Again im no expert have her go to the new employee and if he takes her shes fine
He just needs to see the wp and keep a copy

But if he has doubts he wont employ her nomatter what printout you show him