Leaving and re-entering Canada while on Implied Status

[ahm756]

Hi everyone,

I've applied for a post-graduation work permit and I'm working full-time now. As per the law, I am on implied status until a decision is made on my PGWP application. I am planning to travel in July if the travel restrictions are lifted and my question is whether I can continue working full-time once I return to Canada or will I lose my implied status?

I am finding conflicting information on CIC website. In the following page, it says that I can resume working full-time once I'm back and waiting for PGWP:

If you leave and re-enter Canada after applying for your post-graduation work permit, you can still work full-time while you wait for a decision. Leaving and re-entering Canada does not stop you from being able to work full-time while you wait.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/after-you-apply.html

However, on another CIC webpage, it says the exact opposite; that I'll lose the ability to work fulltime:

They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Therefore, can someone please guide me regarding this? I'm totally confused.

Thanks!

 

[canuck78]

Hi everyone,

I've applied for a post-graduation work permit and I'm working full-time now. As per the law, I am on implied status until a decision is made on my PGWP application. I am planning to travel in July if the travel restrictions are lifted and my question is whether I can continue working full-time once I return to Canada or will I lose my implied status?

I am finding conflicting information on CIC website. In the following page, it says that I can resume working full-time once I'm back and waiting for PGWP:



https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/after-you-apply.html

However, on another CIC webpage, it says the exact opposite; that I'll lose the ability to work fulltime:



https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Therefore, can someone please guide me regarding this? I'm totally confused.

Thanks!

When you leave Canada you lose your implied status,

 

[ahm756]

When you leave Canada you lose your implied status,

So that means I cannot work until I get PGWP?

 

[canuck_in_uk]

Hi everyone,

I've applied for a post-graduation work permit and I'm working full-time now. As per the law, I am on implied status until a decision is made on my PGWP application. I am planning to travel in July if the travel restrictions are lifted and my question is whether I can continue working full-time once I return to Canada or will I lose my implied status?

I am finding conflicting information on CIC website. In the following page, it says that I can resume working full-time once I'm back and waiting for PGWP:



https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/after-you-apply.html

However, on another CIC webpage, it says the exact opposite; that I'll lose the ability to work fulltime:



https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Therefore, can someone please guide me regarding this? I'm totally confused.

Thanks!

Follow the information that is specific to PGWP, not the generic information. The first link is correct.

 

[ahm756]

Make sense, thanks for your assistance!

 

[IMbaig33]

Hi,
I applied for my PGWP at the end of September. I received a letter from IRCC under section 186W stating that I am allowed to work until a decision is made on my PGWP. I also have a job offer and the job commences in December. I wish to travel prior to that for a couple of weeks.. I wanted to know if there would be an issue for me to work in December considering my pgwp may not be approved until then.. ?

 

[ahm756]

Hi,
I applied for my PGWP at the end of September. I received a letter from IRCC under section 186W stating that I am allowed to work until a decision is made on my PGWP. I also have a job offer and the job commences in December. I wish to travel prior to that for a couple of weeks.. I wanted to know if there would be an issue for me to work in December considering my pgwp may not be approved until then.. ?

You are now on implied/maintained status. If you travel, I believe that you will lose this status and won't be allowed to work once you come back.

Read the section "Traveling During Maintained Status" here: https://gooselaw.com/uncategorized/maintaining-status-inside-canada/

 

[zhuweihao29]

Hi,
I applied for my PGWP at the end of September. I received a letter from IRCC under section 186W stating that I am allowed to work until a decision is made on my PGWP. I also have a job offer and the job commences in December. I wish to travel prior to that for a couple of weeks.. I wanted to know if there would be an issue for me to work in December considering my pgwp may not be approved until then.. ?

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1309&top=15

 

[karadoge]

You are now on implied/maintained status. If you travel, I believe that you will lose this status and won't be allowed to work once you come back.

Read the section "Traveling During Maintained Status" here: https://gooselaw.com/uncategorized/maintaining-status-inside-canada/

Hi, what if I leave Canada after applying for PGWP and return before my study permit gets expired? in that case would I be allowed to start work immediately when I enter Canada? I read the thread above and my understanding is, if I return before the expiration of my study permit, I will be returning as a student. After combing back to Canada, I will be on implied status once the study permit expires but that's fine because I am staying in the country while on the implied status so I can still work while waiting for the decision of pgwp. is it correct? thank you!

 

[captainarabiia]

Hi, what if I leave Canada after applying for PGWP and return before my study permit gets expired? in that case would I be allowed to start work immediately when I enter Canada? I read the thread above and my understanding is, if I return before the expiration of my study permit, I will be returning as a student. After combing back to Canada, I will be on implied status once the study permit expires but that's fine because I am staying in the country while on the implied status so I can still work while waiting for the decision of pgwp. is it correct? thank you!

If you've graduated, then you can't go by the expiry date. Rather, read below:

• 222 (1) A study permit becomes invalid upon the first to occur of the following days:
  • (a) the day that is 90 days after the day on which the permit holder completes their studies,
  • (b) the day on which a removal order made against the permit holder becomes enforceable, or
  • (c) the day on which the permit expires.

 

[karadoge]

If you've graduated, then you can't go by the expiry date. Rather, read below:

• 222(1) A study permit becomes invalid upon the first to occur of the following days:
  • (a) the day that is 90 days after the day on which the permit holder completes their studies,
  • (b) the day on which a removal order made against the permit holder becomes enforceable, or
  • (c) the day on which the permit expires.

I have not graduated. And my permit expiry date on my study permit is exactly 90 days after my graduation date, so I guess the (a) and (c) would gave me the same date in my situation. I am just planning ahead. Thank you

 

[Armstrong17]

Hi,

I am on implied/maintained status, and I need to urgently leave Canada.
In this case, I understand that I can't work until a new permit is received. I have unutilized paid vacation days.
Until the new permit is received, can I go on paid vacation to satisfy the criterion "can't work"? Is that valid?

Could someone help me on this? Thank you!