Implied status - Can I apply for a Work Permit extension less than 30 days befor

[Judlu]

Hi!

I'm working in accordance with my open Postgraduate Work Permit. It expires in 2 weeks. I think it cannot be extended but to get a chance to work at least 2-3 months more (while the application is processing) I'm going to apply for its extension anyway.

I've just noticed the information that I have to apply at least 30 days before my current WP expires It is pointed in the Application Guide; however, this was not mentioned on CIC web page dedicated to implied status.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

The question is: may I still apply without being rejected even before processing my application?

 

[Wonderland_1010]

Hi!

I'm working in accordance with my open Postgraduate Work Permit. It expires in 2 weeks. I think it cannot be extended but to get a chance to work at least 2-3 months more (while the application is processing) I'm going to apply for its extension anyway.

I've just noticed the information that I have to apply at least 30 days before my current WP expires It is pointed in the Application Guide; however, this was not mentioned on CIC web page dedicated to implied status.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

The question is: may I still apply without being rejected even before processing my application?

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp
What application do you have is currently processing? CIC has changed their implied status regulation due to people submitting their work permit incomplete just to buy time so if any work done after submission of incomplete work permit application is considered illegal I assume.

I could be wrong though.....

 

[canuck_in_uk]

I'm working in accordance with my open Postgraduate Work Permit. It expires in 2 weeks. I think it cannot be extended but to get a chance to work at least 2-3 months more (while the application is processing) I'm going to apply for its extension anyway.

You will be submitting an incomplete application. If your application is rejected as such, as said above, any work done after your PGWP expires will be illegal.

 

[Judlu]

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp
What application do you have is currently processing? CIC has changed their implied status regulation due to people submitting their work permit incomplete just to buy time so if any work done after submission of incomplete work permit application is considered illegal I assume.

I could be wrong though.....

Thanks for your response! OK, I got that it won't be counted but does it mean that these so called "days/weeks of illegal work" (in case if my application will be rejected) may negatively influence my situation when my application for Permanent Residence will be under consideration (I hope to apply soon)? Can I receive some negative impact from this potential rejection? Like CIC refuses my PR application in a future because some period of my work could be considered as illegal...

Thanks.

 

[Judlu]

You will be submitting an incomplete application. If your application is rejected as such, as said above, any work done after your PGWP expires will be illegal.

Thanks for your response! OK, I got that it won't be counted but does it mean that these so called "days/weeks of illegal work" (in case if my application will be rejected) may negatively influence my situation when my application for Permanent Residence will be under consideration (I hope to apply soon)? Can I receive some negative impact from this potential rejection? Like CIC refuses my PR application in a future because some period of my work could be considered as illegal...

Thanks.

 

[ozlis]

Thanks for your response! OK, I got that it won't be counted but does it mean that these so called "days/weeks of illegal work" (in case if my application will be rejected) may negatively influence my situation when my application for Permanent Residence will be under consideration (I hope to apply soon)? Can I receive some negative impact from this potential rejection? Like CIC refuses my PR application in a future because some period of my work could be considered as illegal...

Thanks.

Potentially yes - it could impact your application. It will certainly appear on your record.

 

[Judlu]

Potentially yes - it could impact your application. It will certainly appear on your record.

Do you mean that it is a high risk that even if I apply for PR in future my application will be rejected because of this record?

May I avoid it if I apply anyways for a status restoration within 90 days after my original WP expires? May it help?

 

[Judlu]

Potentially yes - it could impact your application. It will certainly appear on your record.

Do you mean that it is a high risk that even if I apply for PR in future my application will be rejected because of this record?

May I avoid it if I apply anyways for a status restoration within 90 days after my original WP expires? May it help?

 

[ozlis]

Do you mean that it is a high risk that even if I apply for PR in future my application will be rejected because of this record?

May I avoid it if I apply anyways for a status restoration within 90 days after my original WP expires? May it help?

You need to have a valid status to be able to apply for PR.

 

[Judlu]

You need to have a valid status to be able to apply for PR.

In this case probably it makes sense to apply in parallel to WP extension and to visitor's status extension. So if WP extension is rejected then I can get at least visitor's status. May it work?

 

[Bs65]

In this case probably it makes sense to apply in parallel to WP extension and to visitor's status extension. So if WP extension is rejected then I can get at least visitor's status. May it work?

the point still is a PGWp cannot be extended so you are knowlingly applying for an extension of something that cannot be extended and given that any work in that period could be considered illegal. You are free to apply for extension as a visitor but in doing so you are in effect admitting that once your PGWp expires you know you will be out of legal status.