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Question Regarding Working Under a Study Permit

vic2015

Full Member
Dec 7, 2015
29
4
Hi Everyone,

I've applied for a study permit. My semester starts in September. I expect to get my study permit in the next two weeks.

My question is, am I eligible to work full-time in Canada between getting my study permit and September?

Thanks for any help.
 

scylla

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No - you won't be eligible to work full time. You have to wait until you begin classes before you can start working - however at that point you'll obviously be limited to 20 hours of work per week.

Some here have worked before their classes have started. This is illegal work which puts your status in Canada in jeopardy if caught.
 

vic2015

Full Member
Dec 7, 2015
29
4
scylla said:
No - you won't be eligible to work full time. You have to wait until you begin classes before you can start working - however at that point you'll obviously be limited to 20 hours of work per week.

Some here have worked before their classes have started. This is illegal work which puts your status in Canada in jeopardy if caught.
Ok, thanks for your response. I will be contacting a Canadian lawyer to verify this information once more. Thanks.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


vic2015 said:
Actually I had another question ... Can I work on a pro bono basis during that time instead?
1. No, if any person doing the work would be paid, it is not volunteering.
 

vic2015

Full Member
Dec 7, 2015
29
4
scylla said:
No - you won't be eligible to work full time. You have to wait until you begin classes before you can start working - however at that point you'll obviously be limited to 20 hours of work per week.

Some here have worked before their classes have started. This is illegal work which puts your status in Canada in jeopardy if caught.
So I've gone to an immigration consultant and the information that you've provided is false.

I AM eligible to work in Canada based on my implied status:

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.
If you still think that you are correct then please take the time to provide a source that contradicts the information that I have provided in the link above.
 

vic2015

Full Member
Dec 7, 2015
29
4
PMM said:
Hi


1. No, if any person doing the work would be paid, it is not volunteering.
I understand this now.

However, in regards to my first question, I'm eligible to work due to my "implied status".
 

pfse

Hero Member
Mar 20, 2014
726
38
vic2015 said:
I understand this now.

However, in regards to my first question, I'm eligible to work due to my "implied status".
You won't be on 'implied status' as you will not have any application awaiting for CIC decision and you won't be out of status. Implied status is for people whos status is expired but they applied for extension before status expiration and still awaiting for decision. BTW not every implied status autorize you to work.

As for eligibility to work you may find more by visiting CIC website.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=495&top=15#mb-pnl
 

vic2015

Full Member
Dec 7, 2015
29
4
pfse said:
You won't be on 'implied status' as you will not have any application awaiting for CIC decision and you won't be out of status. Implied status is for people whos status is expired but they applied for extension before status expiration and still awaiting for decision. BTW not every implied status autorize you to work.

As for eligibility to work you may find more by visiting CIC website.
www . cic . gc . ca/english/helpcentre/answer.asp?qnum=495&top=15#mb-pnl
So there are two things at play here. First, that I AM on implied status because my status has expired on the 21st but I have applied for a student permit before that. So, until such time that I receive a decision from IRCC on my study permit, I can continue to work due to my implied status.

Second, yes, after I receive a decision from IRCC I will no longer be on implied status. I need to find out what the exact rules are in that case. For that reason I will be visiting a lawyer tomorrow.

It may well be that there are certain implied statuses that don't authorize a person to work. I don't understand how that applies in my case. I had a status of a temporary worker before it expired. But before it expired I applied to become a student because I want to do an advanced degree now, so my implied status is that of a worker right now.

I have read the link that you provided and I don't see anything in it that contradicts the information that I had provided earlier.
 

pfse

Hero Member
Mar 20, 2014
726
38
vic2015 said:
So there are two things at play here. First, that I AM on implied status because my status has expired on the 21st but I have applied for a student permit before that. So, until such time that I receive a decision from IRCC on my study permit, I can continue to work due to my implied status.

Second, yes, after I receive a decision from IRCC I will no longer be on implied status. I need to find out what the exact rules are in that case. For that reason I will be visiting a lawyer tomorrow.

It may well be that there are certain implied statuses that don't authorize a person to work. I don't understand how that applies in my case. I had a status of a temporary worker before it expired. But before it expired I applied to become a student because I want to do an advanced degree now, so my implied status is that of a worker right now.

I have read the link that you provided and I don't see anything in it that contradicts the information that I had provided earlier.
OK, you didn't mention that you had work permit before applying for study permit. Any way I'm still not sure if have rights to work under your implied status. Implied status means that you continue to maintain temporary resident status in Canada until decision is made. But as per regulation 186(u) you are eligible to work w/o work permit only if you already applied for another work permit.