REALLY URGENT - extremely confused wife!

[heyheylife]

Hi everyone,

I'll get to the point directly.

My husband came to Canada on a student visa two years ago, we got married in August 2008, and he got a POST GRADUATE WORK PERMIT last year (2009), expiring on November 9, 2010.

Now, we have been trying to get our papers together for the past few months (he's from India and he faced a few challenges)

Now, we will have his application sent BEFORE NOVEMBER 8, 2010 (that is, before his POST GRADUATE WORK PERMIT EXPIRES).

He has a good job right now, and all our finances, house, bank accounts etc are tied together. So it's a legit marriage. We were gonna send the PR application with an OPEN WORK PERMIT APPLICATION.

The question is: IS HE ALLOWED TO CONTINUE WORKING UNDER 'IMPLIED STATUS', AS HE WAS WORKING ON A POST GRADUATE WORK PERMIT.

PLEASE HELP

 

[Janadian]

No he cannot continue working under "implied status"

I would apply for a new work permit a.s.a.p If you could have your application and work permit application done at the same time that would be perfect.

You could send the PR application before he is out of status...

and with your work permit apllication include a copy of your fee's paid reciept and proof of sending your application (courier receipt). Put an explanation that you are here currently on post grad work permit,applying for PR and wish to stay in status and contribute to your family during the application process.

Im no lawyer, but I believe that appears to be your best course of action. Still I advise you ask a consultant.

Best of luck!!!

 

[heyheylife]

thanks for your response.

Actually, that's the plan.......if he send in his PR application along with an OPEN WORK PERMIT application - then he is under implied work status, right?

 

[heyheylife]

i thought the implied work status was that you could continue working under the same conditions of your existing visa (Student or work) as long you are IN status and a decision hasn't been made

 

[Love_Young]

Actually from what I have understood it, you can apply with the OWP before the current work permit expires with the PR app and continue to work under the same conditions as long as the OWP and PR app are received before the current work permit expires.

Now I am not that sure on my facts but I do believe I have read the above before. I would recommend doing a search on this site and see what kind of answers you can get. Also, I know some CIC agents aren't all that reliable but I would still recommending that you call them as well maybe even a lawyer.

Best of luck with everything and I hope you find the answer you are looking for soon.

 

[suenim]

A post graduate work permit cannot be renewed/extended. Apart from the OWP that you would send with an inland app that would be processed after AIP, the only other work permit he could get is one that would require an LMO. I have been thinking about the same thing too and I am hoping my application if compete before my PGWP expires.

 

[Janadian]

Sorry I shoud have been more clear.

"Implied status" Is given to an applicant while their application is in process and only permits you to stay in the country while your application is being process and decided upon.
Im pretty sure you cannot work legally when your work permit expires and you are waiting the outcome of First stage of approval that accompanies a OWP. (6-9m wait) My husband cannot work for this reason. He had a work permit that expired just as we sent in his application. He will not be able to work or obtain another work permit until he gets first stage approval. OWP = (Open work permit)

I would speak to a consultant if its possible applying for a new work permit for 6-12m before yours expires. (We didn't know any better at the time and did not think to do this) They will be able to advise you better if this can be done from inside Canada or if you have to send your application to your country of origin to apply.

Then....should you get your first stage approval...you will be able to get a new OWP...either applied for at that time or sent with your application

 

[prof456]

Hi everyone,

I'll get to the point directly.

My husband came to Canada on a student visa two years ago, we got married in August 2008, and he got a POST GRADUATE WORK PERMIT last year (2009), expiring on November 9, 2010.

Now, we have been trying to get our papers together for the past few months (he's from India and he faced a few challenges)

Now, we will have his application sent BEFORE NOVEMBER 8, 2010 (that is, before his POST GRADUATE WORK PERMIT EXPIRES).

He has a good job right now, and all our finances, house, bank accounts etc are tied together. So it's a legit marriage. We were gonna send the PR application with an OPEN WORK PERMIT APPLICATION.

The question is: IS HE ALLOWED TO CONTINUE WORKING UNDER 'IMPLIED STATUS', AS HE WAS WORKING ON A POST GRADUATE WORK PERMIT.

PLEASE HELP

Under his implied status, he can continue working. Just make sure you put in the PR application alongside WP application before the PG WP expires.

As a side note, you should be calling the 1-888 number first to clarify these things. Forums are usually good places to get info however you need to take the info you get with a large dose of salt.

 

[prof456]

You are all over the place with your responses. You are obviously not sure...how about contacting the CIC call centre before thinking of a consultant? Isnt that more logical? :-\

Sorry I shoud have been more clear.

"Implied status" Is given to an applicant while their application is in process and only permits you to stay in the country while your application is being process and decided upon.
Im pretty sure you cannot work legally when your work permit expires and you are waiting the outcome of First stage of approval that accompanies a OWP. (6-9m wait) My husband cannot work for this reason. He had a work permit that expired just as we sent in his application. He will not be able to work or obtain another work permit until he gets first stage approval. OWP = (Open work permit)

I would speak to a consultant if its possible applying for a new work permit for 6-12m before yours expires. (We didn't know any better at the time and did not think to do this) They will be able to advise you better if this can be done from inside Canada or if you have to send your application to your country of origin to apply.

Then....should you get your first stage approval...you will be able to get a new OWP...either applied for at that time or sent with your application

 

[rjessome]

Hi everyone,

I'll get to the point directly.

My husband came to Canada on a student visa two years ago, we got married in August 2008, and he got a POST GRADUATE WORK PERMIT last year (2009), expiring on November 9, 2010.

Now, we have been trying to get our papers together for the past few months (he's from India and he faced a few challenges)

Now, we will have his application sent BEFORE NOVEMBER 8, 2010 (that is, before his POST GRADUATE WORK PERMIT EXPIRES).

He has a good job right now, and all our finances, house, bank accounts etc are tied together. So it's a legit marriage. We were gonna send the PR application with an OPEN WORK PERMIT APPLICATION.

The question is: IS HE ALLOWED TO CONTINUE WORKING UNDER 'IMPLIED STATUS', AS HE WAS WORKING ON A POST GRADUATE WORK PERMIT.

PLEASE HELP

You don't even mention if you are applying inland or outland. Only inland applicant's are eligible to apply for this type of OWP. AND you had better make sure that CPC-Vegreville RECEIVES the application BEFORE the current permit expires. Another poster mentioned that PGWs are not extendible and that is correct. However, this is a grey area where I've heard several experts differ in opinion. Some argue that implied status only applies if you are keeping your circumstances the same and that it cannot be changed with this process. For example, someone who was on a student permit and applied for an OWP through the inland process cannot start working until they receive the OWP. However, they could keep studying on implied status assuming they applied before the study permit expired. The grey area in your case is because PGWPs (although Open) are NOT extendible, then it's arguable that there is no implied status. Even the example given in the Processing Manual is not clear enough to help you.

I'm sorry that this doesn't help you. I'm not an expert in student areas but perhaps you should call someone who specializes in students and can give you a definitive, concrete answer. Since your financial well being relies on this, I would get solid advice rather than relying on an internet forum. There is fantastic advice here BUT you can't hold anyone accountable for believing what you saw on the internet.

 

[Janadian]

Ok so I felt bad speculating so I took the time to Call CIC and ask what to do. I agree that you should always get a second opinion because the agents have been given incorrect advice once or twice...but this is what they said:

If you put in your PR Application (Inland) and OWP application before your Nov expiry date you may continue workin under the same conditions of the original post graduate work permit you have. Then if you are granted first stage then you will be issued an OWP.

If you do not apply before your current WP expires then you may not work during your Implied status as it only applies to allowing you to stay until a decision is made on your application. Should you recieve first stage approval will you be issued an OWP to work (if you posted application along with your PR app) That is a longggggg wait ...believe me.

 

[adzees]

i am not being negative but i am just wondering if you guys known each other before he came to Canada on student visa. Because Immigration Office may have doubt about the legitimacy of the marriage since he came to Canada two years ago i.e. 2008, and you got married in August 2008 as well.

So if i was the IO, i would have asked my self that it could be a marriage of Convenience to get PR status. I am not questioning your relation, but saying this on facts that people even with kids had refusals while applying Inland.

So make sure, you provide Vegreville solid proofs of your relation. Good Luck

 

[Love_Young]

I am glad that you got great advice from others. Sorry for not being of much help.
I must have been thinking of a regular work permit. I know I was wrong but I don't think I deserved a negative mark. I was giving advice the best I knew how and even stated that I wasn't sure of my posting and recommended how to find some extra help.

Anyway, glad you could finally get people that know to post the correct and beneficial answers you needed.

 

[Janadian]

Hey Love_young Nice to see ya. What you taliing about hon? It appears in the end that was correct info you gave.
They can continue to work under the same conditions until they get AIP. Just as long as the apply before Nov 8th it think it was. See ya over in our reg thread later

 

[Love_Young]

Hey Love_young Nice to see ya. What you taliing about hon? It appears in the end that was correct info you gave.
They can continue to work under the same conditions until they get AIP. Just as long as the apply before Nov 8th it think it was. See ya over in our reg thread later

Hey. Haha oh I am so sorry. I didn't read the last few posts. I just skimmed over. Good to know I was right though. Yay.
See you on our the other thread.