Is it possible to apply to a Young Professional while waiting for a work visa (Implied Status)

[Oswin-Pond]

Hello!

I am on a post graduation visa. I am now working at a company but sadly I can't do LMIA so no closed work visa.

However my current visa is expiring January 5th. I am going to apply for another open work visa which I am pretty sure will not get accepted since I don't really meet the requirements (I hope it will though!), but applying to that visa will allow me to gain implied status which means I can continue to work after January 5th. I won't lie on the application or anything I even wrote a letter explaining the situation I was in, but I don't think you can extend post graduate visas.

I was wondering, while I am on implied status waiting for that visa (that will likely get refused), can I apply for Young Professional ? That was my plan but I am having doubts. Once I get Young Pro, I'm hoping I can then either withdraw my open work visa application or wait to see if they are kind enough to accept it (Covid really screw me over, I am 5 days off of being eligible to extend my visa)

Thanks for reading. I am in Quebec by the way.

 

[scylla]

Hello!

I am on a post graduation visa. I am now working at a company but sadly I can't do LMIA so no closed work visa.

However my current visa is expiring January 5th. I am going to apply for another open work visa which I am pretty sure will not get accepted since I don't really meet the requirements (I hope it will though!), but applying to that visa will allow me to gain implied status which means I can continue to work after January 5th. I won't lie on the application or anything I even wrote a letter explaining the situation I was in, but I don't think you can extend post graduate visas.

I was wondering, while I am on implied status waiting for that visa (that will likely get refused), can I apply for Young Professional ? That was my plan but I am having doubts. Once I get Young Pro, I'm hoping I can then either withdraw my open work visa application or wait to see if they are kind enough to accept it (Covid really screw me over, I am 5 days off of being eligible to extend my visa)

Thanks for reading. I am in Quebec by the way.

Which country are you from? The issue with applying while on implied status is that once the open work permit is refused, you will fall out of status in Canada.

 

[Oswin-Pond]

Which country are you from? The issue with applying while on implied status is that once the open work permit is refused, you will fall out of status in Canada.

Hey! I am from France. From what I read Young Professional are guaranteed and are quick to be granted. Why would I fall out of status? It takes 5months+ to get an answer for the open work permit (So I have 5 months of implied status) and the Young Professional opens on January 9th so I likely will have the Young Pro before I get a refusal for my open work permit. By then I can withdraw my application for the open work permit.

 

[scylla]

Hey! I am from France. From what I read Young Professional are guaranteed and are quick to be granted. Why would I fall out of status? It takes 5months+ to get an answer for the open work permit (So I have 5 months of implied status) and the Young Professional opens on January 9th so I likely will have the Young Pro before I get a refusal for my open work permit. By then I can withdraw my application for the open work permit.

The open work permit won't necessarily take 5+ months. We've seen instances here of much faster processing times. So that's the risk you run.

What you're planning on doing is sort of cheating the system. You know you don't qualify for an open work permit extension but you're applying anyway so that you can continue working. As long as you know that and are prepared for potential questioning from IRCC or CBSA, then move forward as planned (most likely they won't ask but certainly some chance they might). Basically what you are planning on doing is not risk free for this reason.

 

[Oswin-Pond]

The open work permit won't necessarily take 5+ months. We've seen instances here of much faster processing times. So that's the risk you run.

What you're planning on doing is sort of cheating the system. You know you don't qualify for an open work permit extension but you're applying anyway so that you can continue working. As long as you know that and are prepared for potential questioning from IRCC or CBSA, then move forward as planned (most likely they won't ask but certainly some chance they might). Basically what you are planning on doing is not risk free for this reason.

Maybe I should apply for a visitor visa too then just to be sure. I'll have to stop working but at least I can stay legally.

Yeah it does feel like cheating but like I said, I am writting a letter with the application explaining the whole thing. I'm telling them I am 5 days off being granted a valid extension and I'm pleading for it. So it's not like I am lying to them, I'm being upfront about it. I genuinely wish the open work permit could be accepted. If it were expiring 5 days before I would have a 6 month extension.

 

[bellaluna]

Is your username a Doctor Who reference?

Also thought the plan is exploiting the system. Refusals can also arrive quicker.

The lawful way to do it is to apply for a change of status to remain in Canada while waiting for the YP application but this means you cannot work during that time and will have to arrange something with your employer.

 

[Oswin-Pond]

Is your username a Doctor Who reference?

Also thought the plan is exploiting the system. Refusals can also arrive quicker.

The lawful way to do it is to apply for a change of status to remain in Canada while waiting for the YP application but this means you cannot work during that time and will have to arrange something with your employer.

It is indeed! Oswald for the win!

Can't I apply for a change of status AND an open visa as well? That way I can cover all situations. If money wasn't a problem I would do that but I really can't afford to stop working, I would not be able to pay my rent.

Also my previous message didn't go through for some reasons but here is what I answered to Scylla:

The open work permit won't necessarily take 5+ months. We've seen instances here of much faster processing times. So that's the risk you run.

What you're planning on doing is sort of cheating the system. You know you don't qualify for an open work permit extension but you're applying anyway so that you can continue working. As long as you know that and are prepared for potential questioning from IRCC or CBSA, then move forward as planned (most likely they won't ask but certainly some chance they might). Basically what you are planning on doing is not risk free for this reason.

Maybe I should apply for a visitor visa too then just to be sure. I'll have to stop working but at least I can stay legally.

Yeah it does feel like cheating but like I said, I am writting a letter with the application explaining the whole thing. I'm telling them I am 5 days off being granted a valid extension and I'm pleading for it. So it's not like I am lying to them, I'm being upfront about it. I genuinely wish the open work permit could be accepted. If it were expiring 5 days before I would have a 6 month extension.

 

[scylla]

Yeah it does feel like cheating but like I said, I am writting a letter with the application explaining the whole thing. I'm telling them I am 5 days off being granted a valid extension and I'm pleading for it. So it's not like I am lying to them, I'm being upfront about it. I genuinely wish the open work permit could be accepted. If it were expiring 5 days before I would have a 6 month extension.

It has nothing to do with "wishing" it will be approved. You don't qualify under the open work permit policy - you very clearly don't fall within the policy dates. You are applying for something you don't qualify for and you're doing it so that you can work longer in Canada. Whenever you do this, there's always some risk that will make IRCC or CBSA unhappy. It's not about lying, it's about applying for something you don't qualify for in order to gain a benefit that you technically should not be entitled to.

 

[Oswin-Pond]

It has nothing to do with "wishing" it will be approved. You don't qualify under the open work permit policy - you very clearly don't fall within the policy dates. You are applying for something you don't qualify for and you're doing it so that you can work longer in Canada. Whenever you do this, there's always some risk that will make IRCC or CBSA unhappy. It's not about lying, it's about applying for something you don't qualify for in order to gain a benefit that you technically should not be entitled to.

Thank you I understand what you mean better. I am so torn on what to do. Some people told me that they do make exceptions if you are a few days off if you get a kind officier but it's a gamble and like you said, it's risky. But if I don't do this I have no idea how to make money and pay rent. It's really stressful. The good news is that the Young Pro are already opened and I just submitted my application so at least I'll have that.