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Informally Extending Post Graduation Work Permit

jimjim

Full Member
Aug 8, 2014
22
0
Current situation:
- I am under Post Graduation Work Permit (PGWP)
- I want to stay 1-2 months after it expires

A lawyer advised me the following as a legal loophole.

- Apply for a new work permit with the same employer even if I am not eligible.
- The processing time is a couple of months.
- I can legally stay and work in Canada under implied status. PGWP is an open Work Permit, therefore I can stay and wait till I get the final response, which we know that it will be a "NO"
- He says that nobody can prevent me from applying even if I know I am not eligible. It is nothing illegal.

Do you think that this is possible?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi


jimjim said:
Current situation:
- I am under Post Graduation Work Permit (PGWP)
- I want to stay 1-2 months after it expires

A lawyer advised me the following as a legal loophole.

- Apply for a new work permit with the same employer even if I am not eligible.
- The processing time is a couple of months.
- I can legally stay and work in Canada under implied status. PGWP is an open Work Permit, therefore I can stay and wait till I get the final response, which we know that it will be a "NO"
- He says that nobody can prevent me from applying even if I know I am not eligible. It is nothing illegal.

Do you think that this is possible?
1. Sure, and if CBSA finds out, you will be reported and an removal order will be issued. PGWPs are not extendable, you know it, the lawyer knows and CBSA enforces it.
 

pfse

Hero Member
Mar 20, 2014
726
38
jimjim said:
Current situation:
- I am under Post Graduation Work Permit (PGWP)
- I want to stay 1-2 months after it expires

A lawyer advised me the following as a legal loophole.

- Apply for a new work permit with the same employer even if I am not eligible.
- The processing time is a couple of months.
- I can legally stay and work in Canada under implied status. PGWP is an open Work Permit, therefore I can stay and wait till I get the final response, which we know that it will be a "NO"
- He says that nobody can prevent me from applying even if I know I am not eligible. It is nothing illegal.

Do you think that this is possible?
Don't you think that applying for 'extending stay as visitor' would be better solution?
 

jimjim

Full Member
Aug 8, 2014
22
0
But PGWP is an Open Work Permit and I don't see a reason not to apply for a new Open Work Permit (not an extension of the current one).
 

pfse

Hero Member
Mar 20, 2014
726
38
jimjim said:
But PGWP is an Open Work Permit and I don't see a reason not to apply for a new Open Work Permit (not an extension of the current one).
If your intention is to get 'implied status' in order to continue working for additional few months, I doubt you can do that. PGWP cannot be extended, therefore I'm not sure if implied status applies here.