I and my wife are really confused. Please Help

[Akrep]

Hello everyone

I have been learning valuable information, thanks all of you for lightning us(newbies as myself).

I and my wife are planning to apply immigration under CEC. My wife finished her master program in Canada and then she has been working as a nuclear engineer under PGWP for almost 1 year. Everything was good up to this point. However after she graduated, we apply for PGWP but we got her permit 5 months later we applied. I am giving the timeline about our situation:

June 2010 ==> graduated from master program,
at the end of August ==> applied for PGWP,
the beginning of September ==> started working as a TA at the same university.(Part time)
end of September ==> Study permit expired,
February 2011 ==> finally got PGWP

our concern is whether my wife worked without authorization after her study permit expired untill getting her PGWP. And also she did not have an off-campus work permit as well. If the answer is yes I think our application will be refused.

Thanks all of you want to help us in advance.

 

[tamzi08]

Hey,

According to what you have mentioned, your wife did not have an off-campus work permit but she worked in the university where she had the study permit for right. if that is the case you don't have to worry about anything. Even though she did not have an off-campus work permit she didn't work anywhere else other than the university so that is alright. After your visa or your permit expires you have 90 days to restore your status. where in your case your good my friend. So please don't stress over it too much thinking that they will reject your file. hope this helped !!

Stay positive

 

[Akrep]

Thank you so much for your quick reply. I hope your father gets over soon.

I hope other experienced members think in the same way that you think my friend.

 

[SenoritaBella]

When did she start working as nuclear engineer? Was this on campus? Where she did not have an off-campus work permit, I don't know whether she would have had "implied status" if she continued to work after her study permit expired.

 

[Akrep]

Hi SenoritaBella

She has started working as nuclear engineer sep 2011 (we got her PGWP in feb 2011) and it was not on compus work.

She had started working as a TA (on campus, at the same university that she was authorized for studying) before her study permit expired and we had already applied for PGWP.
I hope it wont cause any problem for us.
And also do we have to add her TA into the form as an experience? Because we dont need it, she has already had 1950 working hours.

 

[SenoritaBella]

It appears your wife worked without authorization from Sep 2011 to Feb 2012.
1. She did not have an off-campus work permit and should not have worked off-campus
2. The PGWP is her first work permit, so no implied status.
3. For CEC work experience, you begin counting after you have graduated and received the PGWP

The TA job is skilled, why wouldn't you want to add it?

I think you should seek legal advice from an immigration lawyer(not consultant) about this issue before you apply.

 

[Akrep]

Thanks for suggestion but I think there is a misunderstanding

My wife did not need a work permit when working on the campus she was working with her study permit

Insert Quote
It appears your wife worked without authorization from Sep 2011 to Feb 2012

my wife worked as a TA from Sep 2010 to Feb 2011. not from Sep 2011 to Feb 2012. And she got her PGWP Feb 2011 after that she has been working as a nuclear engineer from Sep 2011 to present (7 months later she got her PGWP).

Do you think that school should have worn us that we were not authorized to work?

 

[ujbaby]

Thanks for suggestion but I think there is a misunderstanding

My wife did not need a work permit when working on the campus she was working with her study permit

Insert Quote
It appears your wife worked without authorization from Sep 2011 to Feb 2012

my wife worked as a TA from Sep 2010 to Feb 2011. not from Sep 2011 to Feb 2012. And she got her PGWP Feb 2011 after that she has been working as a nuclear engineer from Sep 2011 to present (7 months later she got her PGWP).

Do you think that school should have worn us that we were not authorized to work?

if she worked in school without off campus/in campus work permit or co-op work permit, then she probably have worked without authorization. When i was in school, i obtained 2 different work permit and when i graduated, i obtained pgwp.

 

[Akrep]

I am getting more confused right now :

as far as I know If you are working in campus you dont need a work permit and she had worked during her education at the university and also she was given a SIN number.

We dont know what to do right now we are living in Fredericton,NB and we really dont know we can find a good lawyer around here to get some advice on our situation.

and thanks so much by the way I appreciate for your replies my friends.

 

[ujbaby]

I am getting more confused right now :

as far as I know If you are working in campus you dont need a work permit and she had worked during her education at the university and also she was given a SIN number.

We dont know what to do right now we are living in Fredericton,NB and we really dont know we can find a good lawyer around here to get some advice on our situation.

and thanks so much by the way I appreciate for your replies my friends.

There is nothing to be confused about. u really need a work permit to work in canada whether in school or not. maybe ur situation is different but during my school years back in 2008-2010 (graduated in june 2010,) i obtained 2 different work permits and befor then, my school wouldn't let me go on a placement/internship until i obtained a co-op worpermit. i later applied for off campus work permit after six months of studying full time and continued using it till after graduation, then pgwp. u need legal advice bro, all the best

 

[SenoritaBella]

Let me see if I get this straight:
June 2010 - graduated
end of Aug 2010 - applied for PGWP
start of Sep 2010 - TA job at university(part-time)
end of Sep 2010 - study permit expired
Feb 2011 - received PGWP
Sep 2011 - started job as nuclear engineer

Is your question whether the TA job from Sep 2010 - Feb 2011 may be considered unauthorized work? As I understand it, currently enrolled students can work on campus without a work permit. Your wife graduated in June 2010, so this rule no longer applies to her. Her study permit expired Sep 2010, so how do you explain the period from Oct 2010 - Feb 2011 when she had no study permit and no work permit? Given that, I would say she worked illegally. You can speak to a lawyer.

Thanks for suggestion but I think there is a misunderstanding

My wife did not need a work permit when working on the campus she was working with her study permit

Insert Quote
It appears your wife worked without authorization from Sep 2011 to Feb 2012

my wife worked as a TA from Sep 2010 to Feb 2011. not from Sep 2011 to Feb 2012. And she got her PGWP Feb 2011 after that she has been working as a nuclear engineer from Sep 2011 to present (7 months later she got her PGWP).

Do you think that school should have worn us that we were not authorized to work?

 

[Akrep]

It means that we didnt have any permit to stay in canada as well i think we would have left the country.

Thank you again SenoritaBella.

I will find a lawyer to clarify our situation. Because if we apply like this most probably it will end up with a refusal

 

[SenoritaBella]

Since she applied for a work permit, she is allowed to stay until a decision is made. The problem here is she did not apply for an off-campus work permit(when she was still a student). This permit would have allowed her to continue working legally, even off-campus too while she waits for the PGWP.
Check whether you can find Cox and Palmer or Stewart McKelvey law offices in New Brunswisk - they have immigration lawyers.

It means that we didnt have any permit to stay in canada as well i think we would have left the country.

Thank you again SenoritaBella.

I will find a lawyer to clarify our situation. Because if we apply like this most probably it will end up with a refusal

 

[Akrep]

We had made a big mistake that will effect our future in Canada. Unfortunately It seems like there is no light at the end of the tunnel.

I appreciate all of your comments SenoritaBella.