computergeek
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The regulations do not distinguish between open and closed work permits when they discuss implied status.wolanila said:Thanks for your reply Computergeek. Your answers are always interesting. Do you have any idea if you can have implied status on a WP by applying for an OWP. Just wondering if you can mix the two or if the implied statues is just for the same kind of permit you previously applied for?
Regulations, Section 186(u) - who may work in Canada without a work permit:
Section 201(1):(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and
they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
and Section 207(b):201. (1) A foreign national may apply for the renewal of their work permit if (a) the application is made before their work permit expires; and (b) they have complied with all conditions imposed on their entry into Canada.
So when I read this, it sure looks to me like you can apply for an OWP prior to expiration of your existing WP and be covered by the implied consent category. However, I haven't looked at any case law and it is possible the interpretation of these sections is modified by legal decisions.207. A work permit may be issued under section 200 to a foreign national in Canada who
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(b) is a member of the spouse or common- law partner in Canada class set out in Division 2 of Part 7;