PGWP Ext - Implied status info

[Mike-D]

Hi there,

My current PGWP ends on August 4, 2016 and i've applied for an extension along with an open work permit. I don't have an LMIA and am not eligible for a PGWP extension. I haven't applied for PR yet as my score is currently 463 on express entry and have not received a notification of interest for PNP as going by the threads on this site CIC and OINP is currently clearing out backlogs.

My question is whether it is okay to continue working under implied status until i get a rejection for my work permit extension application, which is likely around October/November, bearing in mind that I applied for it 30 days before August 4 (the end of my current status)?

Recently a friend of mine stated that i cannot continue to work if i am not eligible for the work permit extension and that it may hinder my PR application (when i do apply for it, hoping soon once the invites go back up).
Another friend stated that it is okay for me to continue working until i get a rejection on my work permit application which is when i can apply for a restoration of status along with a visitor visa to continue living in the country until my PR application decision is made (again, hoping i'd have applied for it by then).

Any suggestions or opinions would be great, thanks guys!

 

[varinder1717]

I am on implied status same as your situation. I put bowp widout any basis a month ago and i am working till my work permit gets refused which will be in september mid..
I am planning to apply restoration with visitor before i get refusal so that it is in 90 days period.. but i am confused on what basis they will provide me visitor.. i have to provide loe but donno wat to write.

Right now i am working under implied status and i am gathering my docs for restoration.. so your answer is you can work applying extension..

Hi there,

My current PGWP ends on August 4, 2016 and i've applied for an extension along with an open work permit. I don't have an LMIA and am not eligible for a PGWP extension. I haven't applied for PR yet as my score is currently 463 on express entry and have not received a notification of interest for PNP as going by the threads on this site CIC and OINP is currently clearing out backlogs.

My question is whether it is okay to continue working under implied status until i get a rejection for my work permit extension application, which is likely around October/November, bearing in mind that I applied for it 30 days before August 4 (the end of my current status)?

Recently a friend of mine stated that i cannot continue to work if i am not eligible for the work permit extension and that it may hinder my PR application (when i do apply for it, hoping soon once the invites go back up).
Another friend stated that it is okay for me to continue working until i get a rejection on my work permit application which is when i can apply for a restoration of status along with a visitor visa to continue living in the country until my PR application decision is made (again, hoping i'd have applied for it by then).

Any suggestions or opinions would be great, thanks guys!

 

[akhil5293]

Guys did you update any info in your express entry profile about the implied status. My status is expiring this week and I applied for study permit again week before paper based application it will take 2 months for decision. Do we have to mention anything about the implied ? What if we got ITA on restoration or implied status ??

 

[Mike-D]

Thanks for your input Varinder! - I really hope it doesn't affect the PR application when it does come to that stage. Good luck with your application!

@akhil5293 - No bro, I haven't made any changes to my express entry profile.

 

[thegreatest]

Thanks for your input Varinder! - I really hope it doesn't affect the PR application when it does come to that stage. Good luck with your application!

It wouldn't and you are entitled to work while your WP application is being processed.
cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

It's mentioned in the 2nd paragraph. And they don't really mind as you are still paying taxes from your income and contributing in the economy.

 

[jes_ON]

My current PGWP ends on August 4, 2016 and i've applied for an extension along with an open work permit. I don't have an LMIA and am not eligible for a PGWP extension. I haven't applied for PR yet as my score is currently 463 on express entry and have not received a notification of interest for PNP as going by the threads on this site CIC and OINP is currently clearing out backlogs.

My question is whether it is okay to continue working under implied status until i get a rejection for my work permit extension application, which is likely around October/November, bearing in mind that I applied for it 30 days before August 4 (the end of my current status)?

Recently a friend of mine stated that i cannot continue to work if i am not eligible for the work permit extension and that it may hinder my PR application (when i do apply for it, hoping soon once the invites go back up).
Another friend stated that it is okay for me to continue working until i get a rejection on my work permit application which is when i can apply for a restoration of status along with a visitor visa to continue living in the country until my PR application decision is made (again, hoping i'd have applied for it by then).

You can continue working until you get a decision, but since you have applied with an incomplete application, it will be returned as incomplete and you will be considered out-of-status effective from the date that your work permit expired - your "implied status" will be null and void, the experience after the expiry of your current permit will technically be unauthorized and cannot "count" towards your work experience in a PR application. You should also be aware that your 90 day restoration period will start from the end of your current work permit (not the date you get the decision).

This information is provided on the same page from the link posted by Mike-D.

Note that the rules have recently changed, so one of your friends is up-to-date, the other was correct before the rules changed...

 

[raven00090]

Is this true? There is still a lot of confusion about this thing because even recently people said they got the time counted towards experience by doing this.

 

[dell2]

With the new rules, if your application is incomplete and you apply for extension. Your work experience will not be considered during implied status.

 

[raven00090]

Okay, what is the definition of "incomplete" in this context? Because this page http://meurrensonimmigration.com/the-return-of-incomplete-applications/
defines incomplete as signing all forms, filling all fields, including fee, etc.

 

[siriusnick]

You can continue working until you get a decision, but since you have applied with an incomplete application, it will be returned as incomplete and you will be considered out-of-status effective from the date that your work permit expired - your "implied status" will be null and void, the experience after the expiry of your current permit will technically be unauthorized and cannot "count" towards your work experience in a PR application. You should also be aware that your 90 day restoration period will start from the end of your current work permit (not the date you get the decision).

This information is provided on the same page from the link posted by Mike-D.

Note that the rules have recently changed, so one of your friends is up-to-date, the other was correct before the rules changed...

Apparently no one knows EXACTLY whether missing a AOR will count as "incomplete", I won't be so definitive and scare people just yet.

And truth be told, a lot of BOWP got approved without actually submitting a copy of AOR, and most incomplete applications are result from missing forms, missing payment or expired documents.

 

[jes_ON]

Okay, what is the definition of "incomplete" in this context? Because this page http://meurrensonimmigration.com/the-return-of-incomplete-applications/
defines incomplete as signing all forms, filling all fields, including fee, etc.

The link where CIC defines it was already posted -
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

 

[jes_ON]

Apparently no one knows EXACTLY whether missing a AOR will count as "incomplete", I won't be so definitive and scare people just yet.

And truth be told, a lot of BOWP got approved without actually submitting a copy of AOR, and most incomplete applications are result from missing forms, missing payment or expired documents.

There is a difference between those who have not yet submitted an application for permanent residence (eAPR) and have no basis for being eligible for an open work permit, vs. those have already submitted their eAPR and are waiting for the AOR - they are specifically eligible to apply for the BOWP as soon as they submit their e-APR (they have to provide proof of submission), and CIC has to wait until the application is either returned or put into processing before deciding on the BOWP..

For people who simply submit applications without any proof of eligibility, those applications have been treated (recently) as incomplete.

 

[raven00090]

What evidence do you have of these incomplete cases? Were they posted here?
I will wait it out and see anyway, and post what happens here.

 

[jes_ON]

What evidence do you have of these incomplete cases? Were they posted here?

Yep.

 

[raven00090]

I tried looking for it. What I did find here, the cases that went horribly wrong were mostly IEC people. And there was a debate about whether IEC visas get the benefit of implied status or not. I guess for my own case, I will have to wait and find out. I was wondering what would happen if I ask to withdraw my application and change condition to visitor before I get refused or rejected the BOWP?