Should I be working?

[kokogo]

I applied under the public policy to restore my study permit which expired June 2020

I got a full-time job Dec 2020 after I applied for permit Nov. 2020

Some people are saying Im not suppose to be working, some are saying it gives me implied status
some say my employer should call IRCC before they employ me

I told my employer that I applied for public policy, showed them my expired study permit. They said its fine, but just bring in the new Study permit when I receive it
Some are saying my employer should have check because the SIN starts with 9, and is expired with study permit
Anyways Im still employed, and getting paid.

what is correct?

.

 

[scylla]

I applied under the public policy to restore my study permit which expired June 2020

I got a full-time job Dec 2020 after I applied for permit Nov. 2020

Some people are saying Im not suppose to be working, some are saying it gives me implied status
some say my employer should call IRCC before they employ me

I told my employer that I applied for public policy, showed them my expired study permit. They said its fine, but just bring in the new Study permit when I receive it
Some are saying my employer should have check because the SIN starts with 9, and is expired with study permit
Anyways Im still employed, and getting paid.

what is correct?

.

It sounds like you are probably working illegally and most likely do not have implied status but are still out of status.

Can you provide more detailed information?
- When did you complete your program?
- Did your study permit or your PGWP expire in June 2020?
- What did you apply for in November? To restore your status back to a study permit? Have you received a decision yet in your restoration application?
- Then I assume you apply for a PGWP in January 2021 under the policy?

 

[kokogo]

It sounds like you are probably working illegally and most likely do not have implied status but are still out of status.

Can you provide more detailed information?
- When did you complete your program?
- Did your study permit or your PGWP expire in June 2020?
- What did you apply for in November? To restore your status back to a study permit? Have you received a decision yet in your restoration application?
- Then I assume you apply for a PGWP in January 2021 under the policy?

--I did not complete my program. I dropped out in 2019
--study permit expired June 2020,
--In November 2020, i applied for Covid public policy restoration to restore back to study permit. ( the ad says if its past 90days you can still restore study permit)
--no decision yet

 

[scylla]

--I did not complete my program. I dropped out in 2019
--study permit expired June 2020,
--In November 2020, i applied for Covid public policy restoration to restore back to study permit. ( the ad says if its past 90days you can still restore study permit)
--no decision yet

You are out of status in Canada and are working illegally.

 

[kokogo]

You are out of status in Canada and are working illegally.

thanks,
but why am I still employed with the company?
Shouldnt HR check to see if they can employ me, and tell me?

 

[scylla]

thanks,
but why am I still employed with the company?
Shouldnt HR check to see if they can employ me, and tell me?

Nope - it's not HR's responsibility to know the rules or guide you through the process.

100% your responsibility to understand the rules and make sure you are working legally.

When exactly did you stop attending school in 2019?

 

[Naturgrl]

--I did not complete my program. I dropped out in 2019
--study permit expired June 2020,
--In November 2020, i applied for Covid public policy restoration to restore back to study permit. ( the ad says if its past 90days you can still restore study permit)
--no decision yet

IF you dropped out in 2019, your school should have informed IRCC and your permit may have been cancelled before June 2020. Have you been working all this time since 2019? Also why did you think restoring student status would allow you to work full time? The public policy is for those who have PGWPs which you would not be eligible for since you dropped out. A study permit is not a work permit.

HR and the company is not responsible. You should know the rules about your eligibility and status in Canada.

 

[scylla]

IF you dropped out in 2019, your school should have informed IRCC and your permit may have been cancelled before June 2020. Have you been working all this time since 2019? Also why did you think restoring student status would allow you to work full time? The public policy is for those who have PGWPs which you would not be eligible for since you dropped out. A study permit is not a work permit.

HR and the company is not responsible. You should know the rules about your eligibility and status in Canada.

OP is referring to the public policy that allows restoration beyond 90 days (not the PGWP public policy).

Having said that, applying under this policy obviously does not allow someone to work.

 

[kokogo]

OP is referring to the public policy that allows restoration beyond 90 days (not the PGWP public policy).

Having said that, applying under this policy obviously does not allow someone to work.

what might be worse case scenerio be when IRCC looks at my application to restore?
Is there an appeal process if refusal?

 

[Islander216]

Even if he dropped out in 2019, he could apply to another institution based on the same study permit. So it's not automatically that the institution will get his study permit canceled, he could have legitimately changed institution or transferred. But the responsibility to be studying full-time is yours during your study permit.

If you dropped out and are not studying but are instead working, you're working without a status so it's illegal employment.

When you apply under the public policy to restore your status, you still have to show that you have maintained the same intention and meet the requirements of the status you're applying for. You don't have implied status of any kind, you need to registered as a full-time student to be eligible to work part time as a student, you don't fulfill that condition.

So if you're a student and you were on a study permit, you need to show you fulfill the requirements to restore your status as a student.

OP will not be able to do that since he's dropped out and seems like his main focus is working.

 

[scylla]

what might be worse case scenerio be when IRCC looks at my application to restore?
Is there an appeal process if refusal?

Worst case is a refusal and order to leave Canada. I would certainly stop working immediately to avoid accumulating more illegal work.

Appeal is possible but is a big deal and will require you to drop big money on a lawyer. Also, I wouldn't see the point in your case since it's clear you've violated the terms of your stay. Appeals generally make sense only when IRCC has made an incorrect decision in your case.

 

[Islander216]

Yes, but also dropping out means you have no intention to study. Dropping out is not a choice you can make as an international student, either you're studying or you're not, if you're not you can't be in the country as a student.

You either restart your studies or return to your home country and apply for a work permit.

 

[scylla]

what might be worse case scenerio be when IRCC looks at my application to restore?
Is there an appeal process if refusal?

I guess other consequences may include
- 6 month prohibition from applying for a work permit to Canada due to the illegal work
- Trouble getting approval for any sort of temporary visa (work permit, TRV, study permit) due to the illegal work

You also won't be able to count the illegal work towards any immigration program to Canada

 

[kokogo]

Yes, but also dropping out means you have no intention to study. Dropping out is not a choice you can make as an international student, either you're studying or you're not, if you're not you can't be in the country as a student.

You either restart your studies or return to your home country and apply for a work permit.

So how else will I restart my studies if i dont qualify for Covid public policy?
Since dropping out i never went to any school.

 

[scylla]

So how else will I restart my studies if i dont qualify for Covid public policy?
Since dropping out i never went to any school.

You need to wait and see if the restoration application is approved. If so, then you can restart your studies. If not, you will need to leave Canada and try applying for a new study permit from outside of Canada.

Either way, stop working immediately. You're in a bad situation right now.