Starting New Job Under Implied Status

[Veelia11]

Hello all, I have a tricky question for the team.

I am currently working on a PGWP. I've applied for PR Status through Spousal Sponsorship as well as the Open Work Permit through the 1-year pilot program associated with the spousal sponsorship. I'm currently working a job that I hate, however I was recently offered the job of my dreams.

Edit for clarification: I submitted my initial package in January, had it returned due to a missing signature and resubmitted early March.

My question is: my work permit expires tomorrow (April 15th). Am I able to start a new job under my implied status? I know that I can continue working under the terms of my original permit, but can I change jobs? My new employer is willing to work with me, but I don't want to push their limits. I'd also really hate to be out of a job if I end up leaving my current position and am not able to start my new one.

 

[Ponga]

No. You must wait until you have the OWP to work.

The overwhelming consensus here is that even if you wanted to continue to work at your current job, you could not because the PGWP cannot be extended. This means that there's no way to continue working under the terms of your original permit.

 

[SchnookoLoly]

The restriction of the PGWP is the same restriction as IEC... because it can't be extended, you cannot benefit from implied status as a worker. When your PGWP expires you must stop working. Do not mess with this - if you are caught you risk your application being rejected completely for working illegally.

 

[Veelia11]

The restriction of the PGWP is the same restriction as IEC... because it can't be extended, you cannot benefit from implied status as a worker. When your PGWP expires you must stop working. Do not mess with this - if you are caught you risk your application being rejected completely for working illegally.

I called the immigration center a while ago, and I told them my exact situation (PGWP > OWP), looking for information on Implied Status. He already said that I had implied status under my PGWP since I applied for my OWP, and sent me the following email:



Implied status - Temporary resident

If you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident (TR) until a decision is made on the application. This is known as an implied status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

If you leave Canada while under implied status, you may be authorized to re-enter Canada:

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:
are temporary resident visa (TRV) exempt,
held a valid multiple-entry visa upon your return to Canada, or
you have travelled only to the United States** and/or St.Pierre and Miquelon and return to Canada before your status as a visitor, student or worker expires; and
the officer at the port of entry is satisfied that you have sufficient means of support,
As a worker or student, if the officer determines that your application to extend your work/study permit was approved while you were outside Canada, or
If you are eligible to apply for a new work or study permit at your arrival in Canada.
For more information on implied status, please consult our website.



The agent I spoke with, after explaining my current situation, said I could keep working at my current job in my current situation. When I had him on the phone I did not know about this new position (the call was early March) so I did not get a chance to ask him this question. That's why I'm asking about this here. You're really freaking me out seeing as my permit is literally ending tomorrow, and I had plans to continue working based on the information the agent told me...

 

[SchnookoLoly]

The call centre is notorious for getting this wrong, and the email you were sent confirms it. Pay attention to the bolded part:

I called the immigration center a while ago, and I told them my exact situation (PGWP > OWP), looking for information on Implied Status. He already said that I had implied status under my PGWP since I applied for my OWP, and sent me the following email:



Implied status - Temporary resident

If you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident (TR) until a decision is made on the application. This is known as an implied status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

If you leave Canada while under implied status, you may be authorized to re-enter Canada:

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:
are temporary resident visa (TRV) exempt,
held a valid multiple-entry visa upon your return to Canada, or
you have travelled only to the United States** and/or St.Pierre and Miquelon and return to Canada before your status as a visitor, student or worker expires; and
the officer at the port of entry is satisfied that you have sufficient means of support,
As a worker or student, if the officer determines that your application to extend your work/study permit was approved while you were outside Canada, or
If you are eligible to apply for a new work or study permit at your arrival in Canada.
For more information on implied status, please consult our website.



The agent I spoke with, after explaining my current situation, said I could keep working at my current job in my current situation. When I had him on the phone I did not know about this new position (the call was early March) so I did not get a chance to ask him this question. That's why I'm asking about this here. You're really freaking me out seeing as my permit is literally ending tomorrow, and I had plans to continue working based on the information the agent told me...

You hold a work permit, specifically, a post-graduate work permit. The email says you can continue working if you have applied to extend your stay under the same category. You have not done this - you have applied for an OWP. That is a different category. Because you have applied under another category, you must stop working.

 

[Veelia11]

Why would the agent, after hearing the specific details of my case, tell me that it was fine, if it wasn't fine?

 

[SchnookoLoly]

Why would the agent, after hearing the specific details of my case, tell me that it was fine, if it wasn't fine?

Because the call centre agents are idiots. This daft advice is COMMONLY given out with regards to IEC and PGWP questions.

The following links mostly apply to IEC, but the logic is identical for PGWP.

http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

 

[Veelia11]

I specifically asked the agent if it was okay to remain working in Canada under implied status from a Post-Graduate work permit while waiting to hear back from my Open Work Permit. He said that it was fine because I was still applying under the worker class, and I was looking to extend my stay as a worker. He said there would only be an issue if I was applying to extend as something that I didn't qualify for, I.E. if I applied to extend as a student (to study).

 

[Veelia11]

This is awful

 

[Veelia11]

The IEC isn't exactly the PGWP. Where does it say these two act as one in the same?

 

[Ponga]

I specifically asked the agent if it was okay to remain working in Canada under implied status from a Post-Graduate work permit while waiting to hear back from my Open Work Permit. He said that it was fine because I was still applying under the worker class, and I was looking to extend my stay as a worker. He said there would only be an issue if I was applying to extend as something that I didn't qualify for, I.E. if I applied to extend as a student (to study).

But you're not applying under the worker class; you are applying for the OWP under the Family Class Sponsorship path.


This is a very slippery slope and is ambiguous at best, because of the cryptic language that CIC uses and the fact that the OWP for an Inland spousal sponsorship applicant is different than the OWP for everyone else.

Having said that, there have been a few people that chose to continue working and were fine, but...who really knows what happens to everyone else.

 

[Veelia11]

Here is something that I found on one of the websites linked:

"If you have applied for PR inland: Inland applications allow for an Open Work Permit (OWP) to be submitted at the time of application. So, unlike the limitation in an outland application, you fulfil the criteria that you have to have applied for a new work permit, so you are just bound by the conditions of your old work permit - that is, the conditions of your IEC visa. So, let's look at the conditions of your IEC visa - skip to (3)."


Wouldn't take mean I can continue to work under the terms of my PGWP?

 

[SchnookoLoly]

The IEC isn't exactly the PGWP. Where does it say these two act as one in the same?

I only meant because both IEC and PGWP are non-extendible permits. Implied Status is a type of extension. You cannot extend an unextendible work permit. Because implied status is a type of extension, neither IEC nor PGWP permit holders can benefit from implied status as a worker.

 

[SchnookoLoly]

Here is something that I found on one of the websites linked:

"If you have applied for PR inland: Inland applications allow for an Open Work Permit (OWP) to be submitted at the time of application. So, unlike the limitation in an outland application, you fulfil the criteria that you have to have applied for a new work permit, so you are just bound by the conditions of your old work permit - that is, the conditions of your IEC visa. So, let's look at the conditions of your IEC visa - skip to (3)."


Wouldn't take mean I can continue to work under the terms of my PGWP?

Like IEC, one of the conditions of the PGWP is that it can't be extended. Therefore you cannot continue to work under its terms.

 

[Ponga]

This was also found on one of those sites:

The interesting part of this email is in the middle "...You can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit." IEC holders who apply for another type of work permit, whether it's TWP or an OWP in a spousal application or another category, clearly are in violation of the above condition - they have applied for a work permit under a different category, and therefore they must stop working.

Keep in mind that any website OTHER than an official CIC site, may not help you if you need to plead your case with CIC if you choose to continue working.
Just take all of the information that you have and make a decision...and hope for the best. At this point, it's really all that you can do.