The answer is still the same. It depends on whether you could work under the status you had. Implied status has been replaced by maintained status and your current status until the new status is approved will continue.
If a temporary resident also applies for renewal of their work or study permit before the expiry of their existing permit and their permit expires before a decision is made, paragraph R186(u) or section R189 authorizes them to work or study without a permit under the same conditions pending a determination of their application for renewal and only as long as the person remains in Canada.
If you meet the above, i.e. if you could work you can claim the work experience. An work experience done which you were not entitled to under the status you had is illegal and cannot be counted.
@ProfessorAugust
First of all
in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), status and authorization are not linked as was the case in the previous Immigration Act (1976). Under IRPA, all foreign nationals authorized to enter Canada as per
subsection A22(1) have temporary resident status.
A temporary resident may also be authorized to work without a permit [R186], be issued a work permit [
R200 or
R201], be authorized to study without a permit [
R189] or be issued a study permit [
R216 or
R217].
Below law authorize you to work without work permit.
https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-186.html
- (w) if they are or were the holder of a study permit who has completed their program of study and
- (i) they met the requirements set out in paragraph (v), and
- (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application;
- (v) if they are the holder of a study permit and
- (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,
- (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and
- (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session;
In addition to that As per
section R181, a temporary resident may 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 legal status as a temporary resident during the processing period.
You’re
not eligible for the Canadian Experience Class if
- you’re a refugee claimant in Canada
- you’re working without authorization > R186(W) authorized to work full-time while waiting for the PGWP (of course if you are meeting requirements)
- your work experience was gained without temporary resident status in Canada -> Temporary resident status is extended until the decision is made on our PGWP
According to the
Canadian National Occupational Classification (NOC), skilled work experience means:
- managerial jobs (skill level 0)
- professional jobs (skill type A)
- technical jobs and skilled trades (skill type B)
Your work experience can be in 1 or more NOC 0, A or B jobs.
You must show that you performed the duties set out in the
lead statement of the occupational description in the NOC. This includes
all the essential duties and most of the main duties listed.
They didn't change the law. Maintained status is the same as the implied status, they just changed the term to avoid the confusion. You can see here that the IRCC explained reason behind changing the term.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2021-change-implied-status.html
Last but not least you can not count the work experience while you were studying for the CEC so you should be able to count the work experience from the date you applied for the PGWP if you are meeting the requirements and if you were authorized to work without work permit. I hope this helps!
