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Urgent question:holding both study and work permits, does one replace the other?

hongyi192

Newbie
Mar 21, 2015
2
0
Hi everyone,

I completed undergrad at University of Waterloo in 2012 and wasn't sure if I would do a masters program so I got a Post Graduate work permit, and then I decided to do masters and got a study permit. So my question is: does getting the study permit cancel my Post Graduate permit? I understand from IRPA that it is possible to apply and get a study permit when I already have a work permit, I'm just unsure whether the new permit replaces and nullify the old one. The study permit expired last August, and the work permit will expire by the end of today. I have been assuming that when my study permit expired, the work permit is still valid.

Some additional information: I applied to extend my work permit with form 5170 this January (based on my assumption that my work permit is still active and valid), however was rejected today. The reasons are: 1. I was not eligible to do this application within Canada and 2. It has been more than 90 days since my study status expired and I am no longer eligible to restore my status in Canada. I've asked a bunch of consultants, lawyer assistants, etc and some of them think I should make another application to extend the work permit and explain my situation, and some think I should head back to my country. I haven't got a chance to speak with an Immigration lawyer yet due to the short notice. I decided to take a chance and apply for extending my work permit again with additional documents such as my current work permit, receipt of payment for PR application, PNP certificate, offer letter (I currently hold a full time job at a bank), refusal letter. All of this boils down to if they still see my work permit as valid.

More information: I am in the process of applying for PR. I already have the Provincial Nominee Program certificate, which is what allowed me to apply for the extension of work permit. I'm expected to get my PR application file number in the next month or two (applied in December last year)

Thank you everyone for reading and currently I am really worried if I have been living in Canada without a status for almost half a year, and if I should go back to my country as soon as possible and wait for further progress on my PR application.
 

scylla

VIP Member
Jun 8, 2010
93,911
21,074
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - your new study permit canceled your PGWP. You have been living and working in Canada without status since your study permit expired in August. Keep in mind that any work experience gained while working illegally / without status cannot be counted as work experience on a permanent residency application.

Yes - you should return home and hope the PR application can still be processed.