Implied Status and Canadian work experience time

[JosephAsk]

Hello guys, please I need clarity on something.

I have attended a one year post graduate program of school in Canada, I applied for my PGWP in September 2014 because my study permit was going to expire in October 30, 2014, but I didn't receive it until February 18, 2015. So I was working under the 'implied status' for 3 months.

I started a full time job in September 11, 2014 (40 hours/week) and I am still working up till now. I applied for the Express entry in October 2015 (457 points), and I have just received my ITA under the CEC.

A lawyer said if I go ahead to apply, the PR application would be rejected because I have not yet worked ONE year in Canada, as CIC would calculate my Canadian work hours from the day I received my PGWP (February 18, 2015). So I would have officially completed my ONE year of Canadian work experience after February 18, 2016.

How valid is this?

Q1. Would my Canadian work experience count from September 11, 2014 till present (which is more than a year) or from February 18, 2015 till present (which is less than a year)?

Please kindly advice as this is a bit confusing to me.

Thanks.

 

[zardoz]

Hello guys, please I need clarity on something.

I have attended a one year post graduate program of school in Canada, I applied for my PGWP in September 2014 because my study permit was going to expire in October 30, 2014, but I didn't receive it until February 18, 2015. So I was working under the 'implied status' for 3 months.

I started a full time job in September 11, 2014 (40 hours/week) and I am still working up till now. I applied for the Express entry in October 2015 (457 points), and I have just received my ITA under the CEC.

A lawyer said if I go ahead to apply, the PR application would be rejected because I have not yet worked ONE year in Canada, as CIC would calculate my Canadian work hours from the day I received my PGWP (February 18, 2015). So I would have officially completed my ONE year of Canadian work experience after February 18, 2016.

How valid is this?

Q1. Would my Canadian work experience count from September 11, 2014 till present (which is more than a year) or from February 18, 2015 till present (which is less than a year)?

Please kindly advice as this is a bit confusing to me.

Thanks.

http://www.canadavisa.com/canada-immigration-discussion-board/work-done-after-completion-of-studies-and-before-pgwp-for-cec-t391475.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/does-work-experience-gained-while-waiting-for-pgwp-count-for-cec-t387011.0.html

 

[kaulvirus]

Hello guys, please I need clarity on something.

I have attended a one year post graduate program of school in Canada, I applied for my PGWP in September 2014 because my study permit was going to expire in October 30, 2014, but I didn't receive it until February 18, 2015. So I was working under the 'implied status' for 3 months.

I started a full time job in September 11, 2014 (40 hours/week) and I am still working up till now. I applied for the Express entry in October 2015 (457 points), and I have just received my ITA under the CEC.

A lawyer said if I go ahead to apply, the PR application would be rejected because I have not yet worked ONE year in Canada, as CIC would calculate my Canadian work hours from the day I received my PGWP (February 18, 2015). So I would have officially completed my ONE year of Canadian work experience after February 18, 2016.

How valid is this?

Q1. Would my Canadian work experience count from September 11, 2014 till present (which is more than a year) or from February 18, 2015 till present (which is less than a year)?

Please kindly advice as this is a bit confusing to me.

Thanks.

Sorry, don't wanna go off topic but I am wondering if its completely legit to work full time after you apply for a PGWP. Just wondering how do you tell your employer that you can work under implied status and do they go along with it? Thanks.

 

[big fish]

Sorry, don't wanna go off topic but I am wondering if its completely legit to work full time after you apply for a PGWP. Just wondering how do you tell your employer that you can work under implied status and do they go along with it? Thanks.

I assume you can show your payment receipt from PGWP application and letter from school which states that you have fulfilled programme requirements (the you used for pgwp application).

 

[jes_ON]

Sorry, don't wanna go off topic but I am wondering if its completely legit to work full time after you apply for a PGWP. Just wondering how do you tell your employer that you can work under implied status and do they go along with it? Thanks.

It's not really implied status, but you can show them the information on the CIC website -

http://www.cic.gc.ca/english/resources/tools/temp/students/post-grad.asp

"Note: Paragraph R186(w) allows students who have completed their program of study to work while they are waiting for a decision on their work permit application as long as they were a full-time student enrolled at a designated learning institution in a post-secondary academic, vocational or professional training program, and they did not exceed the allowable hours of work."


http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

"186 A foreign national may work in Canada without a work permit

(w) if they are or were the holder of a study permit who has completed their program of study and

(i) they met the requirements set out in paragraph (v), and

(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application."

 

[mike_toronto_2010]

Hi,

I have a couple of questions if anyone can help.

I'm currently under implied status (applied through paper for Work permit extension on early November). Probably will get rejected (as I do not have LMIA valid job offer), but I only applied to buy some time basically three months until i receive an ITA. My express entry CRS score is 461. I'm hoping to get an invitation within next few draws. Below are the questions I have:

1. In Express entry profile, what should i answer to "Do I have a valid work permit?" Yes or no?

2. Lets say I do get an invitation by this month end. How can I update my work permit extension application which I applied through paper? THis way I can notify the them that I have applied for permanent residence and I need an extension. That way i can get a valid bridge work permit. Otherwise after I get an invitation, and once I get rejected of work permit extension, I won't be able to legally work in canada or would not even be able to stay in Canada. Not sure what can I do here.

3. Is there any other way I can receive some sort of work permit right after I get an ITA considering I have already applied through Paper and I'm under implied status? Please help

4. Does CIC check if my credit history is good? I have about 12000 dollars of credit card debt and I don't know if that makes much of a difference when I apply for Permanent residence.

 

[Gregor.Samsa]

Hi,

I have a couple of questions if anyone can help.

I'm currently under implied status (applied through paper for Work permit extension on early November). Probably will get rejected (as I do not have LMIA valid job offer), but I only applied to buy some time basically three months until i receive an ITA. My express entry CRS score is 461. I'm hoping to get an invitation within next few draws. Below are the questions I have:

1. In Express entry profile, what should i answer to "Do I have a valid work permit?" Yes or no?

2. Lets say I do get an invitation by this month end. How can I update my work permit extension application which I applied through paper? THis way I can notify the them that I have applied for permanent residence and I need an extension. That way i can get a valid bridge work permit. Otherwise after I get an invitation, and once I get rejected of work permit extension, I won't be able to legally work in canada or would not even be able to stay in Canada. Not sure what can I do here.

3. Is there any other way I can receive some sort of work permit right after I get an ITA considering I have already applied through Paper and I'm under implied status? Please help

4. Does CIC check if my credit history is good? I have about 12000 dollars of credit card debt and I don't know if that makes much of a difference when I apply for Permanent residence.

1. Not, obviously

2. You can't "change" your WP extension application

You should apply for BOWP paying OWP fees, but you don't meet BOWP requirements (having a valid WP) so will be rejected

You could try to write a explanation letter including AOR and additional fees payment and send it via regular mail but it looks unlikely to be successful

3. No way without LMIA

4. Probably not, but you could have to include it in your proof of funds, anyways find a way to reduce the debt ASAP



Consider to apply for status restoration as visitor if you're allowed after WP rejection , your WP extension application could be returned as incomplete meaning you weren't on implied status

 

[kryt0n]

For me, I have a work section which started with me on a valid work permit, but half way through I became on implied status. For this I selected 'yes' for having a valid work permit but also that an lmia was required. I'll explain it all in my LOE. That work experience can also be completely removed and won't affect my score, if they decide it's not valid

I don't deem it as misrepresentation as it'll all be explained with back up docs.

 

[Arash_3021]

Hi Guys

I have worked 4 months between my graduation and receiving PGWP, however, I didn't risk to use it and waited to pass 1 year after my actual PGWP. I just applied for EE and my concern is that I have entered 1 year + 4 months in my express entry. Do you think I should withdraw my profile and remove the 4 (risky) months? thanks for your answers

 

[Gregor.Samsa]

Hi Guys

I have worked 4 months between my graduation and receiving PGWP, however, I didn't risk to use it and waited to pass 1 year after my actual PGWP. I just applied for EE and my concern is that I have entered 1 year + 4 months in my express entry. Do you think I should withdraw my profile and remove the 4 (risky) months? thanks for your answers

Your work experience is valid just from the PGWP issue date, nothing before is valid.

You just need to edit your profile

 

[Arash_3021]

thanks for your reply

I called CIC today, and the guy clearly said the period waiting for PGWP decision is valid and can count as Canadian experience.

 

[jes_ON]

I have worked 4 months between my graduation and receiving PGWP, however, I didn't risk to use it and waited to pass 1 year after my actual PGWP. I just applied for EE and my concern is that I have entered 1 year + 4 months in my express entry. Do you think I should withdraw my profile and remove the 4 (risky) months? thanks for your answers

That four months post-graduation is valid work experience, since you were authorized to work and you were no longer a full-time student. You can keep it in your profile.

If you get an ITA and then have to prepare the eAPR, you will want to write a letter of explanation about that 4 months (sometimes VOs go on autopilot and only look at the date of issue of the PGWP). Save yourself some trouble, write a letter of explanation about that interim period and provide proof of your graduation date (letter from institution, copy of diploma, etc.).

 

[JinandMango]

thanks for your reply

I called CIC today, and the guy clearly said the period waiting for PGWP decision is valid and can count as Canadian experience.

Any updated on this? Because I just called CIC too and they said the work experience counts from the date you've received your PGWP. However, it seems like some people actually get PR using the "implied status work experience" Is this just a mistake by whoever reviewed applications?
Can I give it a shot with the implied status work expereince? If I get rejected, am I going to be banned or something?

 

[th_10]

Hi everyone,

Sorry to bring up an old thread.

I would like to know if my work experience will still count for CEC after my PGWP expired and I have applied for an extension.

 

[DelPiero07]

Hi everyone,

Sorry to bring up an old thread.

I would like to know if my work experience will still count for CEC after my PGWP expired and I have applied for an extension.

Can you be more specific? Did you apply for a BOWP? On what basis are you trying to extend such permit?

After receiving your PGWP was it not issued for the right number of year(s) due to your passport expiry date?