Implies status question - may I apply less than 30 days before exp. date?

[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?

 

[scylla]

You do not have to apply at least 30 days before you current WP expires. You can apply now.

However you should be aware that CIC is now rejecting rather than refusing extension application when people like you apply who don't qualify for an extension. This is a new policy. Presumably because CIC became fed up with people applying for extensions who didn't qualify for one. Assuming your application is rejected (rather than refused), any work done after the expiry of your PGWP will work without authorization (i.e. illegal work) and you won't have implied status (you'll be out of status in Canada effective the expiry of your PGWP). This additionally means that any work you complete after the expiry of your PGWP cannot be counted as experience towards CEC or any other immigration program.

 

[Judlu]

You do not have to apply at least 30 days before you current WP expires. You can apply now.

However you should be aware that CIC is now rejecting rather than refusing extension application when people like you apply who don't qualify for an extension. This is a new policy. Presumably because CIC became fed up with people applying for extensions who didn't qualify for one. Assuming your application is rejected (rather than refused), any work done after the expiry of your PGWP will work without authorization (i.e. illegal work) and you won't have implied status (you'll be out of status in Canada effective the expiry of your PGWP). This additionally means that any work you complete after the expiry of your PGWP cannot be counted as experience towards CEC or any other immigration program.

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.