Implied Status for CEC??

[BAK123]

The scenario is as follows.

I have sent in my P.R. Application and have received the AOR and I am waiting now like everyone else is.
Let’s say I get accepted for PR (fingers crossed) but my current work permit runs out while I am waiting, must I leave the country to continue to wait or is there a point where I can continue to live and work in Canada if I am “in the system/in the process” of getting my P.R.?

I know I could leave and come back as a tourist and not work but just want to know if there is a point in the process where you can continue to work if the current work permit ends. As in, does Implied Status (see below) apply to CEC? Anyone have any knowledge or experience in relation to this – Cheers....

“If a temporary resident has applied to extend their period of authorized stay in Canada before it has ended, the period of their stay in Canada is extended until a decision is made on their application pursuant to subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR). Thus, even if an individual is days away from the expiry of their work or study permit, they will still be able to obtain implied status so long as their extension application is received before the official expiry date on their permit is reached.

Once on implied status, a temporary resident who has applied for a renewal of their work or study permit has a right to continue working or studying under the same conditions until a final decision is made on their renewal application. However, to maintain their implied status it is imperative that a temporary resident remain in Canada throughout the processing of their renewal application. Implied status will be lost immediately upon exiting Canada”.

 

[madinxs]

"Implied Status" is only applicable if you have applied for an extension of your Work Permit.

You cannot live and work in Canada while your PR is under processing.

You have no other option but to leave the country if your Work Permit is expired.

The scenario is as follows.

I have sent in my P.R. Application and have received the AOR and I am waiting now like everyone else is.
Let's say I get accepted for PR (fingers crossed) but my current work permit runs out while I am waiting, must I leave the country to continue to wait or is there a point where I can continue to live and work in Canada if I am “in the system/in the process” of getting my P.R.?

I know I could leave and come back as a tourist and not work but just want to know if there is a point in the process where you can continue to work if the current work permit ends. As in, does Implied Status (see below) apply to CEC? Anyone have any knowledge or experience in relation to this – Cheers....

“If a temporary resident has applied to extend their period of authorized stay in Canada before it has ended, the period of their stay in Canada is extended until a decision is made on their application pursuant to subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR). Thus, even if an individual is days away from the expiry of their work or study permit, they will still be able to obtain implied status so long as their extension application is received before the official expiry date on their permit is reached.

Once on implied status, a temporary resident who has applied for a renewal of their work or study permit has a right to continue working or studying under the same conditions until a final decision is made on their renewal application. However, to maintain their implied status it is imperative that a temporary resident remain in Canada throughout the processing of their renewal application. Implied status will be lost immediately upon exiting Canada”.

 

[computergeek]

If you are in the final stages of the PR process, however, you can extend your stay (under implied status) by applying to renew your work permit. Doing so without an LMO will result in a rejection, but at the present time it takes 3 months to process a paper work permit extension, so if you filed today and you had your COPR in hand in 60 days, you could land and then withdraw your work permit renewal application (getting a refund in the process). You are "legal" because you are covered by "implied status" during the time period for processing the renewal.

However, once you get the rejection, you MUST stop working and you will need to leave the country (usually they seem to send a departure order along with a rejected work permit. Do not overstay - it will screw up your PR application, because it means you will be subject to a lifetime ban that will require an ARC. Definitely not worth overstaying.)

Good luck!

 

[madinxs]

It's a HUGE risk! :

If you are in the final stages of the PR process, however, you can extend your stay (under implied status) by applying to renew your work permit. Doing so without an LMO will result in a rejection, but at the present time it takes 3 months to process a paper work permit extension, so if you filed today and you had your COPR in hand in 60 days, you could land and then withdraw your work permit renewal application (getting a refund in the process). You are "legal" because you are covered by "implied status" during the time period for processing the renewal.

However, once you get the rejection, you MUST stop working and you will need to leave the country (usually they seem to send a departure order along with a rejected work permit. Do not overstay - it will screw up your PR application, because it means you will be subject to a lifetime ban that will require an ARC. Definitely not worth overstaying.)

Good luck!

 

[computergeek]

It's a HUGE risk! :

I disagree. It adheres to the rules - even if you know you'll be rejected for the work permit, you are covered by implied status. But it is only worth doing if you are in the middle of getting your COPR - e.g., you've sent your passport to the VO for the visa and COPR. I wouldn't do it otherwise.

I'm curious why you think its a risk at all.

 

[madinxs]

I think its a risk b'coz, it leaves a negative impact on your File/records! Having a clean record is always a plus!

I disagree. It adheres to the rules - even if you know you'll be rejected for the work permit, you are covered by implied status. But it is only worth doing if you are in the middle of getting your COPR - e.g., you've sent your passport to the VO for the visa and COPR. I wouldn't do it otherwise.

I'm curious why you think its a risk at all.

 

[computergeek]

Hence my point - only do this if you're going to have your COPR back before they get around to processing your WP. You won't have a rejection, you'll have (at most) a withdrawal - and since you became a PR you didn't need a WP the withdrawal makes sense. Even if you got a rejection, it wouldn't impact your PR application at the visa issuance stage.

 

[BAK123]

Hence my point - only do this if you're going to have your COPR back before they get around to processing your WP. You won't have a rejection, you'll have (at most) a withdrawal - and since you became a PR you didn't need a WP the withdrawal makes sense. Even if you got a rejection, it wouldn't impact your PR application at the visa issuance stage.

Yes, that is a good way of adding on another 2-3 months to the permit that is coming to an end as long as you keep an eye on timelines and withdraw it before you might be refused!

 

[Pouce]

I dont know what to say but
my work permit expired on July 9th(LMO was denied) and same day i got passport request.
Service canada in Vancouver rejected me to work, but CIC Seattle office approved my PR. I can not understand Two government agents did opposite things to me. what could I do?
My opinion is that if we got PPR, government should allowed us to continue working.
there are quite a few people who were in same situation as me.
Service Canada didnt have any mercy on me. Why Service canada didnt communicate with CIC Seattle office?
my point is government is legalist. i understand they have to follow the rule, but...
anyways,

 

[computergeek]

They are making independent decisions based upon separate rules and different information. They come to different conclusions.

It may not make sense, but I do understand it. So you get the PPR and rejection the same day. So you could go to Seattle - hand in your WP as you exit (the US side will return it to the Canadian side) make sure the US side stamps you on entry, go to Seattle, get your COPR (and/or TRV if you aren't visa exempt) and then head back to the border and land. Although I seem to recall Seattle's not very nice about this and won't do same day issuance of the COPR.

 

[IrishinCanada]

But a person can leave and re-enter as a tourist, correct? Granted that they do not take any work on during this time, it's ok to come back and travel.

Can you apply for a visitor visa from within Canada after being denied a work permit, I wonder?

 

[computergeek]

But a person can leave and re-enter as a tourist, correct? Granted that they do not take any work on during this time, it's ok to come back and travel.

Can you apply for a visitor visa from within Canada after being denied a work permit, I wonder?

Yes, and yes. The switch from worker to visitor is done using the same form as the extension of a work permit last I looked - that's the "change status" option.

In addition, under some circumstances if you have a WP application in process inland you can get a VR at the POE and wait for them to finish processing it. You cannot WORK during that time, but you can at least be in Canada.

 

[Pouce]

They are making independent decisions based upon separate rules and different information. They come to different conclusions.

It may not make sense, but I do understand it. So you get the PPR and rejection the same day. So you could go to Seattle - hand in your WP as you exit (the US side will return it to the Canadian side) make sure the US side stamps you on entry, go to Seattle, get your COPR (and/or TRV if you aren't visa exempt) and then head back to the border and land. Although I seem to recall Seattle's not very nice about this and won't do same day issuance of the COPR.

I believe Seattle office do not take passport in person any loger.

 

[rosty2]

I disagree. It adheres to the rules - even if you know you'll be rejected for the work permit, you are covered by implied status. But it is only worth doing if you are in the middle of getting your COPR - e.g., you've sent your passport to the VO for the visa and COPR. I wouldn't do it otherwise.

I'm curious why you think its a risk at all.

the guy comes to ask an advice and now he says it is risky ohh. You have nothing to loose.