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implied status and expiring Social Insurance Card?

volkov

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Sep 20, 2014
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applied for and hoping to get a certain job soon, it looks promising as the company said that the resume is at the top of their list for when they hire next which will be soon, but it will look likely that the hiring will take place shortly after current open work permit expires (so will be on implied status)

SIN card will be expiring too when the implied status begins, so is it ok to just use the expired SIN number? really looking forward to this job and haven't heard anything back from CIC on the PR application yet, so who knows how long that will take
 

krishnalynn

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What type of open work permit do you hold?
 

Alurra71

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volkov said:
applied for and hoping to get a certain job soon, it looks promising as the company said that the resume is at the top of their list for when they hire next which will be soon, but it will look likely that the hiring will take place shortly after current open work permit expires (so will be on implied status)

SIN card will be expiring too when the implied status begins, so is it ok to just use the expired SIN number? really looking forward to this job and haven't heard anything back from CIC on the PR application yet, so who knows how long that will take
What type of PR application did you file? Family, CEC or EE? If family class, your PGWP will NOT benefit from implied status. If you are CEC or EE stream, then apply for the BOWP before your current one expires...
 

volkov

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Alurra71 said:
What type of PR application did you file? Family, CEC or EE? If family class, your PGWP will NOT benefit from implied status. If you are CEC or EE stream, then apply for the BOWP before your current one expires...
spousal, and that is not my understanding of the rules at all, we applied for a work permit and before that applied for PR and are waiting for any word back from CIC, therefore we should be under implied status as soon as this current PGWP expires


from here: (and it says nothing at all to differentiate family, cec, ee for pgwp) http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

"If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you."
 

Alurra71

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volkov said:
spousal, and that is not my understanding of the rules at all, we applied for a work permit and before that applied for PR and are waiting for any word back from CIC, therefore we should be under implied status as soon as this current PGWP expires


from here: (and it says nothing at all to differentiate family, cec, ee for pgwp) http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

"If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you."
If you look to see which permits are not eligible for extension, you will see why the PGWP does not benefit from implied status. Implied status is reserved for those items which can be extended legally. You may continue to follow the rules governing your current status while you wait for a decision regarding the renewal of that particular status.

There are a couple different types of permits that are NOT extendable and by default can't be benefited via implied status. PGWP is one of those permits. There are several threads discussing this very subject all OVER this forum. You can make an informed decision on your own. You can continue to work under the impression that you're in implied status, but I suggest you make yourself familiar with the actual rules and ramifications of what COULD happen if you are asked and/or caught.
 

Ponga

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volkov said:
spousal, and that is not my understanding of the rules at all, we applied for a work permit and before that applied for PR and are waiting for any word back from CIC, therefore we should be under implied status as soon as this current PGWP expires


from here: (and it says nothing at all to differentiate family, cec, ee for pgwp) http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

"If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you."
Notice how it says that you can stay in Canada, but doesn't explicitly say that you can stay in Canada and continue working.

This is a very slippery slope. If you ignore what Alurra71 is telling you, you might find yourself in hot water with CIC! Yes, you will have implied status to remain in Canada.
 

volkov

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Alurra71 said:
If you look to see which permits are not eligible for extension, you will see why the PGWP does not benefit from implied status. Implied status is reserved for those items which can be extended legally. You may continue to follow the rules governing your current status while you wait for a decision regarding the renewal of that particular status.

There are a couple different types of permits that are NOT extendable and by default can't be benefited via implied status. PGWP is one of those permits. There are several threads discussing this very subject all OVER this forum. You can make an informed decision on your own. You can continue to work under the impression that you're in implied status, but I suggest you make yourself familiar with the actual rules and ramifications of what COULD happen if you are asked and/or caught.
that is why I want to see explicit instructions on CIC sites, not forum speculation. there seems to be nowhere in any official documentation online from CIC that mentions " Implied status is reserved for those items which can be extended legally. " I have only seen this concept brought up on forums.
 

Ponga

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volkov said:
that is why I want to see explicit instructions on CIC sites, not forum speculation. there seems to be nowhere in any official documentation online from CIC that mentions " Implied status is reserved for those items which can be extended legally. " I have only seen this concept brought up on forums.
Well, you only have two options, IMHO:

1. Listen to what others here have seen (and heard) from people in your situation. It's not just forum speculation, but I understand why you don't want to listen.

2. Call the CIC Call Centre and hope you get an honest answer.

Good luck with option #2.

What is your understanding of Implied Status?
 

Alurra71

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volkov said:
that is why I want to see explicit instructions on CIC sites, not forum speculation. there seems to be nowhere in any official documentation online from CIC that mentions " Implied status is reserved for those items which can be extended legally. " I have only seen this concept brought up on forums.
simple enough, if you bother to take the time to look ....

Here is the link specifically talking about PGWP .... You'll notice this part of the statement ... infer what you want ...forwarned is forarmed and all that..

The Post-Graduation Work Permit Program is a one-time opportunity for international students who graduate from certain Canadian post-secondary institutions. If you are awaiting a decision on your CEC application and your post-graduation work permit is about to expire, you may be able to apply for a bridging open work permit.
This is also quite an interesting read since the PGWP can only be good for a maximum of 3 years but is issued based on the length of your original graduate program ...
 

unique_username

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volkov said:
spousal, and that is not my understanding of the rules at all, we applied for a work permit and before that applied for PR and are waiting for any word back from CIC, therefore we should be under implied status as soon as this current PGWP expires


from here: (and it says nothing at all to differentiate family, cec, ee for pgwp) http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

"If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you."
I was in the same boat once.. implied status means you can continue to work for the same employer but you cannot change or accept new job offer when you are in implied status.. I was working for an employer on PGWP and was waiting for a Closed work permit.. i was in the exact same situation when another employer gave me a better offer but i couldnt accept it because legally u have to submit a valid/active work permit..

if you are currently working, you can continue working for the same employer until you hear back from CIC regarding your work permit.. you cannot accept new job offers while on implied status..
 

Alurra71

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unique_username said:
I was in the same boat once.. implied status means you can continue to work for the same employer but you cannot change or accept new job offer when you are in implied status.. I was working for an employer on PGWP and was waiting for a Closed work permit.. i was in the exact same situation when another employer gave me a better offer but i couldnt accept it because legally u have to submit a valid/active work permit..

if you are currently working, you can continue working for the same employer until you hear back from CIC regarding your work permit.. you cannot accept new job offers while on implied status..
The OP has applied for PR via a spousal application, you are referring to something completely different in your instance. Kind of like comparing apples and oranges ;)
 

unique_username

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Alurra71 said:
The OP has applied for PR via a spousal application, you are referring to something completely different in your instance. Kind of like comparing apples and oranges ;)
I understand.. but implied status is the same irrespective of which status you are changing to.. if you change from PGWP to Closed work permit or PGWP to PR.. implied status is implied status.. I went thru the exact same issue which VOLKOV has posted.. i went thru all my options by hiring a professional lawyer.. this is the information I was given.. CIC has Operational Manuals.. they have clearly stated in one of those manuals.. i m not sure exactly which one it is..
 

volkov

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ok, I must say thanks for all your replies, of course it is still a confusing situation with differing opinions, and the scary part is when told to not necessarily trust the CIC call centre people this just takes it to another level of stress

right now my spouse is on a PGWP, which is an open work permit, and is working 2 jobs at the present time, and on the short list waiting to be hired for another job

the 3 year PGOWP is expiring very soon, along with the SIN as well, so according to some here, my spouse can continue to work for the current 2 employers, just not take a job with a new employer? according to some, my spouse can't keep working, according to others my spouse can keep working under implied status.

I understand some saying that because the PGWP is non-renewable, that it precludes the applicant getting any kind of work implied status when it expires, but reading CIC statements it seems to me that putting in an application from one type of Open Work Permit to another type of Open Work Permit seems to follow the definition of implied status, the only things mentioned explicitly by CIC were if you were changing from a Study Permit to a Work Permit, or vice versa


trying to get a career going for the future, and having to quit 2 jobs to wait for who knows how long for the PR application to get looked at and OWP application approved, the 2 jobs might be gone after, and it is not the best job market to be in to so unnecessarily have to abandon 2 jobs
 

Ponga

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unique_username said:
I understand.. but implied status is the same irrespective of which status you are changing to.. if you change from PGWP to Closed work permit or PGWP to PR.. implied status is implied status.. I went thru the exact same issue which VOLKOV has posted.. i went thru all my options by hiring a professional lawyer.. this is the information I was given.. CIC has Operational Manuals.. they have clearly stated in one of those manuals.. i m not sure exactly which one it is..
Implied Status is NOT the same. In the case of PGWP or IEC holders, the Implied Status allows them to remain in Canada. It says nothing about also being allowed to continue to work (same employer or not) in Canada.

I hope you can find the source of what you've posted, as there have been many members here (myself included) that have looked through the manuals and Operational Bulletins and have not found anything to confirm what you're saying.

The simple fix to this mess, would be for CIC to publish something (anything) to address this matter.