Hello All,
What do I enter in physical presence calculator for the time that I was on Implied status after the completion of my studies before receiving my work permit? There is no option that mentions Implied status.
I checked so many different posts on this forum but didn’t find a conclusive answer. All responses seem to be either contradictory or not addressing the question at all. In every post they start talking about how you should have a buffer and not to include implied status days. Please be informed that I still have 1135 days of legal stay in canada excluding implied status days ( counting temporary residence days as 0.5 day each). So I have sufficient buffer. I just want to know what status to enter for the time I was on implied status.
I came to canada in January 2019.
My Studies ended sometime in April 2020. The study permit is valid 90 days from the end of studies. So I applied for pgwp on June 29 , 2020 before study permit expiry.
I received my pgwp november 13, 2020.
I received my pr on 21 april 2022.
So what do i enter in physical presence calculator for the period from june 29 to november 12 2020? Should it be International student, foreign worker
, visitor or temporary resident permit holder?
Kindly answer my query.
I do not ordinarily address the more or less mechanical how-to questions, since others here are generally keeping up better in that regard.
That said, as I have observed before, I believe that implied status is generally an extension of previous status pending a decision on another application (subject to some caveats and cautions you probably do not need to worry about), so it should be fine listing the expiration of student status as of the date implied status ended (the date your pgwp was granted).
As I will address further below, the fact that the rules allowed you to work full time during this period (assuming that is correct) should not be a problem. Worst case scenario is your label of the period of implied status is a mistake, an easily made if not common mistake (if indeed it is a mistake, which it probably isn't). A minor mistake of no accord, no problem.
LONGER OBSERVATIONS and EXPLANATION:
Reporting the period of implied status as an extension of your student status is consistent with an answer I gave four plus years ago:
1) Report implied status as an extension of the previous status (for example, if student permit expired July 23, 2016, and the applicant KNOWS with relative certainty she had implied status following that until, say, September 5, 2016, list student status as expiring September 5, 2016), and include time in the presence calculator, BUT
The "BUT" in that observation was about being cautious in regards to relying on periods of implied status to count toward meeting the physical presence requirement for citizenship. Since you meet the physical presence requirement without relying on that period of implied status, no need to be distracted by my longer observations then clarifying the difference between what technically counts versus what is verified in GCMS records.
I have made more recent comments about this, and to some extent the practical aspects have changed a bit, but again there is no need to wrestle with that since you solidly meet the presence requirement without relying on that period of time counting.
It may be worth noting that it appears, in regards to credit for implied status, the main thing is whether the application passes the completeness screening, which apparently depends on verification of sufficient presence with status as overtly documented in GCMS records. The problem appears to be the lack of explicit confirmation of "
implied status" in GCMS, which in some cases results in a failure during the completeness screening to verify sufficient pre-PR credit to meet the presence requirement, so the application is returned as incomplete.
My sense is there is no problem getting credit for periods of implied status (assuming the applicant is correct about the period of implied status) when later in processing the local office is verifying presence.
So, again, applying with sufficient presence otherwise should easily clear the completeness screening. Moreover, given the nature and sequence of your status, progressing from the study permit to pgwp, it might be this is one of those scenarios in which there would be no problem getting the presence credit for that time anyway. So it should all be good (at least in terms of meeting the physical presence requirement).
A bit of a quirk or anomaly: Implied status is often based on a pending application which could be denied. Even though the person has implied status for as long as the application is pending (so is not overstaying a visa for example), if that application is denied not only does that terminate the implied status it most likely means that period of time will NOT get credit toward meeting the physical presence requirement for citizenship. I suppose one could challenge this and perhaps succeed in getting credit, but navigating that process would itself be challenging, take a lengthy period of time, and my sense is the odds are not good.
So I should enter student for that time? IIRC allows full time work on implied status until a decision is made but it is not allowed to work full time on student status.
I steer clear of advising what a particular person should do.
Generally implied status is an extension of status that has expired except for the rules which provide that it continues as implied pending a decision on a timely made application, either to continue status or for a different status. In some circumstances visitor status is implied, again pending a decision on a timely made application for a permit or visa, allowing a Foreign National to remain in Canada until there is a decision but without any of the privileges a work or study permit would give them.
So, as I noted above, citing an answer I gave four years ago, generally a citizenship applicant can report implied status as an extension of their previous status. Thus, for example, if temporary resident status in Canada was based on a student permit that expired July 23, 2016,
and the applicant KNOWS with relative certainty they had implied status following that until, say, September 5, 2016, my understanding is that they can list student status as expiring September 5, 2016 (I am not sure if current approach is to include a supplemental explanation referring to the period as implied status; would not hurt to include a very brief statement to that effect -- no need to try explaining IRCC's own rules, just your understanding of your case).
I understand that your concern has to do with work restrictions applicable to students, recognizing the period of time during which someone with student status can work full time following completion of their studies and pending an application for the PGWP.
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/while-you-study.html#after-expires
It clearly states that your study permit stops being valid 90 days after the completion of your studies
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/after-you-apply.html
This one states that “You can work full-time until we make a decision on your work permit application”
Therefore, implied status is clearly not an extension to your status as a student as students are not allowed to work full time
You most likely know these rules better than me, far better. (I do not follow rules governing Foreign Nationals much.) Which is why what I say on this subject typically depends on the applicant KNOWING with relative certainty they had implied status. But the way I read the information you have linked, to me that says someone in Canada with student status is allowed to work full time in the particular situation described: they were entitled work off campus, they completed their studies, and they have timely made the application for a PGWP.
OVERALL: if your honest understanding of how the rules apply to you is that you had implied status that year, for the period following the completion of your studies up to when the PGWP was granted, there is no misrepresentation made in reporting it that way in your application. Since you are applying without relying on credit for that time period, your application should readily pass completeness screening (at least in terms of meeting the physical presence requirement), so even if ultimately IRCC were to not count that time it will not hurt your application. In contrast, odds are IRCC understands and counts this time, no problem . . . even if to say you had student status during that time but should have labeled it differently.
(By the way . . . I did not see it, but from comments in the other thread related to this it appears you may have taken a sharp shot about what I posted back in 2020, some "
harsh words"
@Ponga observed, and then deleted them. If you believe something I said was wrong, be assured I prefer to be corrected. Very much so. The objective is to get this stuff as right as we can.)
