overstayed and got a confirmation letter. POSSIBLE?

[dennisown]

recently received a confirmation of permanent residency within canada under CEC.(from visa exempt country)
As I was preparing for landing at a border, I found out I might not have 'implied status'.
I was going to flagpole at the border.....
my work permit expired june 2013 so I called cic to ask back in may 2013 and a person said i can stay after my permit expires as long as i submit pr application before my permit expires.
so that's what i did. but apparently i should have EXTEND my permit or switch to visitor visa to get implied status??!!
However I don't understand if my case was illegal why would government approve my application
in the first place?
would someone please give me advice? what is gonna happen if i try to flagpole at the border? are they gonna deport me or cancel my pr?
please some have any idea or heard about similar situation let me know!
thank you in advance.

 

[Matt the Aussie]

Do you landing inland - call CIC and arrange an appointment for your nearest office. Sure, you will wait several weeks but you also remove the risk of the border officer looking into this further.

 

[iam_toby]

Do you landing inland - call CIC and arrange an appointment for your nearest office. Sure, you will wait several weeks but you also remove the risk of the border officer looking into this further.

Second that.
As per CIC glossary;

Implied status
If a visitor, student or temporary worker applies to extend their status, prior to the expiry of that status, they may legally remain in Canada until a decision is made on the application. In this situation, the person has implied status.

And you didn't actually extend your status.

 

[Matt the Aussie]

But what if the application for PR was BEFORE the expiry of the work permit? Or are you now forced to do the BOWP now that it is an option?

 

[iam_toby]

But what if the application for PR was BEFORE the expiry of the work permit? Or are you now forced to do the BOWP now that it is an option?

If you ask me, a PR application isn't necessarily an application to extend your stay, as you can also leave the country
and wait outside Canada for approval and you would need a valid visitor visa to remain in Canada for the duration of the
application process. I might be wrong tho.

 

[ZingyDNA]

I thought implied status means you have a pending application submitted before your current status expires and it's not decided yet by CIC. I'm not sure if that pending application has to be an extension of your current status. Say if I apply for a work permit before my visitor record expires, or vice versa. Do I get implied status either way? If yes, then you should get implied status of a work permit if you apply for PR before that work permit expires.

 

[pfse]

recently received a confirmation of permanent residency within canada under CEC.(from visa exempt country)
As I was preparing for landing at a border, I found out I might not have 'implied status'.
I was going to flagpole at the border.....
my work permit expired june 2013 so I called cic to ask back in may 2013 and a person said i can stay after my permit expires as long as i submit pr application before my permit expires.
so that's what i did. but apparently i should have EXTEND my permit or switch to visitor visa to get implied status??!!
However I don't understand if my case was illegal why would government approve my application
in the first place?
would someone please give me advice? what is gonna happen if i try to flagpole at the border? are they gonna deport me or cancel my pr?
please some have any idea or heard about similar situation let me know!
thank you in advance.

I might be wrong, but since you're from visa exempt country, you can stay in Canada after WP expiration, but you need to stop working. I'm not sure that getting visitor visa even possible for you. But also I'm not sure if there is any time limitation for staying without WP.

 

[MenicMonday]

@dennisown: that is right, he can stay until the date stamped on the passport but cannot work.

@OP: if you continued working beyond the expiry of the WP, then that may be taken as a violation of your visa conditions (I can't put it some other way). I don't think a CEC/PR application will give you implied status, otherwise, why would they provide for the BOWP process?

I think you can successfully land as you have the PR Visa, but this may come-up during the Citizenship Process where they would really check the dates (ins-and-outs of Canada) and your status. Better sort this out now with a lawyer.

 

[TeddyXYZ]

That's why we have BOWP so if your work permit is about to expire you have to apply for it:

December 17, 2012 – CIC will be making changes to enable certain economic class applicants to maintain their status and continue working in Canada while they await a final decision on their permanent residence application.

The new open work permit will provide qualifying permanent resident applicants, whose permits are due to expire, with a means to keep working and more flexibility to better integrate into the Canadian labour market.

Previously, applicants who were awaiting a decision on their permanent residence application might have their temporary work permits expire during the processing of their application. As a result, these persons would no longer be authorized to work in Canada unless their employer applied for and received a Labour Market Opinion from Human Resources and Skills Development and the applicant then applied for an extension of their status.

Qualifying foreign nationals currently in Canada who have submitted an application for permanent residence under the Federal Skilled Worker Program (FSWP), Canadian Experience Class (CEC), Provincial Nominee Program (PNP) or the Federal Skilled Trades Program (FSTP) may be considered for an open work permit if their current work permit will soon expire.

So as you can see you should have to apply for LMO+work permit or BOWP. Same with visitor visa you have to do the flagpole to activate it or apply through VO.

 

[jes_ON]

my work permit expired june 2013 so I called cic to ask back in may 2013 and a person said i can stay after my permit expires as long as i submit pr application before my permit expires.

You were badly misinformed. But the information about Bridging Open Work permits is not that new anymore, so it's hard to see that as an excuse.

so that's what i did. but apparently i should have EXTEND my permit or switch to visitor visa to get implied status??!!
When you apply to extend your work permit BEFORE the previous one expires, but don't receive the new one before the old one expires, you have "implied status" between the expiry of the old one and receipt of a response CIC fo the new work permit application. You did not have implied status because you did not apply to extend your work permit.

However I don't understand if my case was illegal why would government approve my application
in the first place?
CEC applications are evaluated based on whether or not you met the program requirements at the time you applied. You became out of status after...

would someone please give me advice? what is gonna happen if i try to flagpole at the border? are they gonna deport me or cancel my pr? please some have any idea or heard about similar situation let me know!

I think the inland landing is a good suggestion. At the very least, the border agents can do a good job of scaring you; ultimately, they will probably let you land, but there's no guarantees, and it will likely be unpleasant. Have no idea, tho, if the inland agents will be any different.

 

[thisisauser]

I might be wrong, but since you're from visa exempt country, you can stay in Canada after WP expiration, but you need to stop working. I'm not sure that getting visitor visa even possible for you. But also I'm not sure if there is any time limitation for staying without WP.

That's what I'm wondering too. If he's visa exempt he can stay but not work after expiry of work permit unless explicitly told otherwise, for instance at port of entry he was told that he has to leave by a certain date.

 

[jes_ON]

That's what I'm wondering too. If he's visa exempt he can stay but not work after expiry of work permit unless explicitly told otherwise, for instance at port of entry he was told that he has to leave by a certain date.

Visa-exempt usually allows you to stay 6 months from time of entry. That would not relieve him from the requirement to leave Canada at the expiry of the work permit, but he could have come back (for 6 months at a time) as a visitor.

 

[iam_toby]

Visa-exempt usually allows you to stay 6 months from time of entry. That would not relieve him from the requirement to leave Canada at the expiry of the work permit, but he could have come back (for 6 months at a time) as a visitor.

Correct, but he should've left the country and re-entered the country before his visitor 'visa' stamp expired.
Or applied for an extension online.

 

[TeddyXYZ]

@thisisauser yes but if he want to stay (even if he is from visa exempt country) he has to do the flagpole. You know he can't just say to the Visa Officer "you know from today I'm on visitor visa, see ya next time". He has to go to the border do the flagpole and there they will give him a stamp with new expiry date. Beside that visitor visa is for what 6 months?

This allows you to visit Canada only once and is valid for a period of 6 months only. You can apply to extend your Canadian Visitor Visa if needed and will need to make an application for extension at least 30 days before expiry.

In his case if he wanted to extend his stay in Canada. He should apply for visitor visa at least one day prior his work permit expired then he would get an implied status. In this situation I'll agree with jes_ON and Matt the Aussie

would someone please give me advice? what is gonna happen if i try to flagpole at the border? are they gonna deport me or cancel my pr? please some have any idea or heard about similar situation let me know!

I think the inland landing is a good suggestion. At the very least, the border agents can do a good job of scaring you; ultimately, they will probably let you land, but there's no guarantees, and it will likely be unpleasant. Have no idea, tho, if the inland agents will be any different

 

[pfse]

@ thisisauser yes but if he want to stay (even if he is from visa exempt country) he has to do the flagpole. You know he can't just say to the Visa Officer "you know from today I'm on visitor visa, see ya next time". He has to go to the border do the flagpole and there they will give him a stamp with new expiry date. Beside that visitor visa is for what 6 months?

In his case if he wanted to extend his stay in Canada. He should apply for visitor visa at least one day prior his work permit expired then he would get an implied status. In this situation I'll agree with jes_ON and Matt the Aussie

I'm also from visa exempt country. I didn't get any visa on entry (because I don't need one) and I didn't get any stamp in Passport with expiry date or something... The officer just stamped my passport with the date of entry and that's all...