PGWP expiring - options?

[candavisa]

Hello,

My 1 year PGWP is expiring in Jan 2017. I have full 52 weeks of NOC B experience, with implied status 52 weeks finished already, without implied just on work permit, will finish in Jan 2017. Now my score is 445 and and employer wont support either pnp or lmia. In this situation if I dont get ITA by Jan either on EE or OINP what should I do? apply for visit visa and wait out till the express entry points comes down or go back home and wait there.
Please advise is there any other options and best option.

 

[TrackIT]

My pgwp expired in may 2016 17 months of Canadian work experience, 2 years of diploma. Nothing was useful to get an ITA. Me n my wife both were students and both of our pgwps were expired. Neither of our employers were willing to apply lmia. With 425 points never got oinp. Could not afford to stay on visitors visa or study again so came back to home country ! That's my story I hope things change and u should not go through this phase. I hope we all get some solution to find a path to PR soon

 

[simplynd2804]

I am not sure which country you from but search for CIC IEC, if your home country in that list you might have a chance, otherwise you can work on implied status for additional 90 days after your status expire. Unfortunately I am in the same situation as you are with my PGWP expiring in FEB 2017 and no hope of pnp or lmia.

 

[candavisa]

My pgwp expired in may 2016 17 months of Canadian work experience, 2 years of diploma. Nothing was useful to get an ITA. Me n my wife both were students and both of our pgwps were expired. Neither of our employers were willing to apply lmia. With 425 points never got oinp. Could not afford to stay on visitors visa or study again so came back to home country ! That's my story I hope things change and u should not go through this phase. I hope we all get some solution to find a path to PR soon

sorry to hear about that, are you still waiting on the ITA from back home?

 

[candavisa]

I am not sure which country you from but search for CIC IEC, if your home country in that list you might have a chance, otherwise you can work on implied status for additional 90 days after your status expire. Unfortunately I am in the same situation as you are with my PGWP expiring in FEB 2017 and no hope of pnp or lmia.

From India, we dont have IEC.

 

[DelPiero07]

From India, we dont have IEC.

You already know your options, if anything another one is to go back to college/uni.

Cheers

 

[egoo45]

If I were in your boat I would tread carefully. Implied status doesn't work that way... That 90 days gives you time to try and restore your status that on it's own is not Implied Status that permits you to work. IF YOUR WORK PERMIT EXPIRES YOU ARE NOT ALLOWED TO CONTINUE WORKING. In order for implied status to kick in you need to submit an application to extend your work permit PRIOR TO THE EXPIRY of said permit. With that being said, as a PGWP holder without an LMIA or an ITA you are definitely going to be declined.. being declined by IRCC once can cause you major headaches (when applying for PR later).

So again please tread carefully and do your research. Here's the quick FAQ in regards to implied status, but if you want to read the actual regulations go to my next point.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=192&top=17

Read section 186(u) but it also references section 201(1). Proving what I mentioned above in regards to implied status and that you can only work on implied status if you apply for a work permit prior to the expiry of your current work permit.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

"
186 A foreign national may work in Canada without a work permit

(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;
"

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-41.html#docCont
"
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.
"

I am not sure which country you from but search for CIC IEC, if your home country in that list you might have a chance, otherwise you can work on implied status for additional 90 days after your status expire. Unfortunately I am in the same situation as you are with my PGWP expiring in FEB 2017 and no hope of pnp or lmia.

 

[simplynd2804]

Yes that's correct, Implied Status is risky but some companies do allow to work on Implied status assuming that you provide proof that you applied to get another work permit or extension.

 

[candavisa]

so if I apply for work permit extension in last month of my pgwp expiring (even tho i know its going to be rejected) i can work under implied until a decision is made and then i get 90 days to restore the status, can i restore it to visitors after and wait out here for ITA? is that possible?

 

[simplynd2804]

so if I apply for work permit extension in last month of my pgwp expiring (even tho i know its going to be rejected) i can work under implied until a decision is made and then i get 90 days to restore the status, can i restore it to visitors after and wait out here for ITA? is that possible?

That is possible. But like the guy mentioned above, having a rejection may affect your PR application and also restoring status from Implied has some complication as well. There are some restoration procedure and fees you need to consider in addition to visitor application and fees. You might also want to check with your employer first to see if they allow you to work on Implied or not.

 

[egoo45]

I'm not sure if I understand your question fully so let me try. Yes technically you can apply for a BOWP knowing that you are not qualified for it, but again that could come back and bite you in the A** big time. I believe you are allowed to work on Implied Status from when your PGWP expires until you hear back in regards to your BOWP. Whether that takes a week or 2 years, but once you hear back about your application then you are not allowed to work, and you'll be scrambling to get your ducks in a row to leave Canada.

With my limited knowledge I would highly recommend NOT TO APPLY FOR BOWP. If you are financially comfortable apply for a visors visa if you really want to stay in Canada. It might be too late for a study permit since you need to register under an educational program.

I would personally consider leaving Canada vs. applying for a permit I know I am not eligible for.

Again that's just my 2 cents, if someone disagrees with me I would be happy to expand my knowledge on what to do when my PGWP is nearing it's end.

so if I apply for work permit extension in last month of my pgwp expiring (even tho i know its going to be rejected) i can work under implied until a decision is made and then i get 90 days to restore the status, can i restore it to visitors after and wait out here for ITA? is that possible?

 

[candavisa]

Ok so applying bowp for rejection is not a good idea, can I apply for visitors and wait for ITA or I cannot on visit visa? I am trying to see every options and opportunities to stay here and wait out, dont really want to go back due to personal reasons.

 

[scylla]

so if I apply for work permit extension in last month of my pgwp expiring (even tho i know its going to be rejected) i can work under implied until a decision is made and then i get 90 days to restore the status, can i restore it to visitors after and wait out here for ITA? is that possible?

The application will be rejected since you don't qualify for a BOWP. You will be out of status the day your PGWP expires (no implied status) and any work completed after the expiry of your PWGP will be classified as illegal work and can't be counted as experience towards any immigration program. CIC recently made this processing change to stop people from applying for BOWPs who don't qualify.

You will have 90 days from the expiry of your PGWP to restore your status.

 

[simplynd2804]

Ok so applying bowp for rejection is not a good idea, can I apply for visitors and wait for ITA or I cannot on visit visa? I am trying to see every options and opportunities to stay here and wait out, dont really want to go back due to personal reasons.

You can apply for Visitor and stay with no problem Once you get ITA you can process your PR application.However there is no guarantee that you get Visitor visa and also you can't work on visitor.

If you are desparte to stay I would advise to get admission in college for diploma or advance diploma course and apply for study permit. Since college admission process is pretty quick(usually takes a week after application) and if you have enough money to pay fees you have chance to get study permit even before January. With new rules regarding study permit you can also continue working part time (20 hrs) once you get study permit and if that is something you can arrange with your employer.

 

[candavisa]

You can apply for Visitor and stay with no problem Once you get ITA you can process your PR application.However there is no guarantee that you get Visitor visa and also you can't work on visitor.

If you are desparte to stay I would advise to get admission in college for diploma or advance diploma course and apply for study permit. Since college admission process is pretty quick(usually takes a week after application) and if you have enough money to pay fees you have chance to get study permit even before January. With new rules regarding study permit you can also continue working part time (20 hrs) once you get study permit and if that is something you can arrange with your employer.

If i apply for visitors visa in december 2016 (pgwp expring end of jan 2017) and if visa doesnt come till feb, can i wait here until there is a decision made or i have to go back?
Also, if i get visitors for 6 months (until July 2017 maybe) and if no ITA until july then can i apply for study permit inside canada just so i can extend my stay?
Sorry if i bother anyone with my questions, I just want to make right decision, as i made a big mistake of not studying for 2nd year but by gods grace I have 1 full year of experience so i am eligible for cec and want to see the options.