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PGWP expired due to passport expiry, applied for renewal after expiry

sabbir_hsn

Member
Aug 18, 2018
13
5
My situation is getting complicated. My PR is under process(Quebec skill worker category) -(taking longer then usual). I did not know that I will need to renew my work permit as I thought I can work till I get my PR. However, I did not get my full 3 years work permit due to passport expiry. I have renewed my passport. I have applied my work permit extension after it has expired by paying 200$ for status restoration. ( PGWP expired on May 2018, applied on August,2018). Now waiting for their response. I have explained everything in the explanation letter. They can give me extension on the basis of my PR application or they can give me rest of the duration i deserve from my PGWP. But I am worried that I am still working. Is it mandatory that I should stop working though I deserve 4 more months from my PGWP?
I am also going to apply for PR under Spouse category in few weeks as I got married to a Canadian citizen. But now I am trying to fill up the forms, but do not know which status I put as I have not got my WP yet. Also, in the personal history, should I show that I am still working or I should show that I stopped working after the WP expired.

Can anyone please help? I really need your advice.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Only going to comment on your last statement if I read correctly assuming you mean the PGWP that expired in May , Quote : ‘should I show I stopped working once WP expired’. Would not advise saying that given that would be misrepresenting the truth given you did not stop working and the fact you worked will show up at some point.

Only other comment and do not take the wrong way but to IRCC ignorance of the rules is no defence.
 

sabbir_hsn

Member
Aug 18, 2018
13
5
Thanks. Actually, even I was not going to hide anything. But what are the consequences? My gut says, as I automatically deserve 4 months from my PGWP, I think I will not fall under any criminal offense, but still I worked after my work permit has expired. That is my tension.
When they will issue a new work permit , will be it from the day I applied or from the day when my old work permit expired?
 

scylla

VIP Member
Jun 8, 2010
95,901
22,148
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks. Actually, even I was not going to hide anything. But what are the consequences? My gut says, as I automatically deserve 4 months from my PGWP, I think I will not fall under any criminal offense, but still I worked after my work permit has expired. That is my tension.
When they will issue a new work permit , will be it from the day I applied or from the day when my old work permit expired?
The consequences for working illegally is a six month ban from being issued a new work permit and being allowed to work in Canada again. You've been working illegally since May. If you haven't stopped yet, you need to stop now. Whether the six month ban is issued or not is entirely up to IRCC. Sometimes they do and sometimes they don't.

You will have to be truthful about your work history in your application and hope they don't give you the six month ban. The penalty for lying in an immigration application is worse than the illegal work penalty. If you lie about your work history and IRCC charges you with misrepresentation, that's a five year ban from Canada. So you have no choice but to be truthful.

Unfortunately you don't deserve anything automatically at this point. You haven't followed the rules and have violated the terms of your visa by working illegally.

Hope you applied to restore your status within 90 days of your PGWP expiring in May.
 

sabbir_hsn

Member
Aug 18, 2018
13
5
Thanks Scyella,

Yes, I have applied after 65 days, so it is under 90 days. Suppose I stopped working now, what should be my next step? As I have applied already, should I hire a lawyer or consultant?
 

scylla

VIP Member
Jun 8, 2010
95,901
22,148
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks Scyella,

Yes, I have applied after 65 days, so it is under 90 days. Suppose I stopped working now, what should be my next step? As I have applied already, should I hire a lawyer or consultant?
There's nothing you can do but wait for the restoration application to be processed. You absolutely need to stop working immediately. It's already very bad that you've been working illegally for three months - you need to stop accumulating further illegal work.
 

sabbir_hsn

Member
Aug 18, 2018
13
5
I just want to let everyone know that I have got my PR under Quebec skill worker category. Nothing has happened due to my PGWP expiration. I have withdrawn my work permit extension application. Cheers!!