Work Permit extension, Help!

[vivek.me29]

Okay, in a situation like that, the OP will have overstayed his permit and not have taken action for restoration of status if 90 days pass from the date of expiry.

I am really confused now by what all you guys have said does that mean, if my application is refused then I would have overstayed here, and it can cause trouble for my PR application?

 

[vivek.me29]

That has always been there though, ozlis. That doesn't say what you said up there. But maybe I understand what you mean. You mean they are tagging them as incomplete perhaps?

Can you please suggest, what should be my next step? I have found an employer who's willing to LMIA for me but to restore my status, it would take a very long time. Should I leave the country? Please help my PR application is also in processing, Will the rejection affect my PR application too?

 

[raven00090]

Can you please suggest, what should be my next step? I have found an employer who's willing to LMIA for me but to restore my status, it would take a very long time. Should I leave the country? Please help my PR application is also in processing, Will the rejection affect my PR application too?

I really do not know how many cases have been tagged as incomplete. But what I am trying to say is this:
If they refuse your application, you will most likely get the benefit of implied status.
If they reject your application as incomplete, then you will not get the benefit of implied status, meaning as far as IRCC is concerned, you will have been out of status since the day your work permit expired.

^ In that case, suppose 90 days are up since the expiry of your PGWP, you will have lost even the chance to restore your status. Again, I don't know what will happen, but IF your application is labeled incomplete, and three months are up, it is NOT GOOD. I have no idea of such cases, honestly I haven't seen cases like this here but if anyone can link any, or if anyone knows what will happen in that case, please comment.

To add to this, I would also say that if you get a refusal, meaning you get the benefit of implied status, you will have 90 days to restore your status. Given that PGWP cannot be extended, you will have two options
1) Change status to visitor and find an employer willing to go through LMIA for you.
2) Leave Canada.

 

[raven00090]

Vivek, what do you mean when you say your PR application is in processing? How can it be? If you had filed for PR, and you had a valid work permit at the time which hadn't expired, you could apply for Bridging Open Work Permit.

Like ladybug already mentioned, you cannot change employer too at this point.

 

[vivek.me29]

Vivek, what do you mean when you say your PR application is in processing? How can it be? If you had filed for PR, and you had a valid work permit at the time which hadn't expired, you could apply for Bridging Open Work Permit.

Like ladybug already mentioned, you cannot change employer too at this point.

My PGWP expired on November 15,2016 and I filed for the extension on Nov 3 and haven't heard anything yet.
About my PR application, I got MY ITA on Jan 11 and submitted the application on 3 Feb and I can only file for BWP if I have a valid work permit. I am so worried now my 3 months are already up yesterday which means I can't file for restoration now.

 

[vivek.me29]

Vivek, what do you mean when you say your PR application is in processing? How can it be? If you had filed for PR, and you had a valid work permit at the time which hadn't expired, you could apply for Bridging Open Work Permit.

Like ladybug already mentioned, you cannot change employer too at this point.

my bad my work PGWP expired on 18 November which means I can still file for restoration of my status, Do you think its better if I apply for Visitor visa?

 

[ladybug8888]

I would suggest at this point to contact an immigration lawyer for help. He/she can help you with options, which you might have still.

And do it quckly because staying in Canada while being out of status might have negative effect on your PR if they find out.

As long as you didn't get any notice from CIC about your extension you might still fix your situation.

I hope that maybe one of our Vip member would see this topic and could advice as well.

 

[vivek.me29]

I would suggest at this point to contact an immigration lawyer for help. He/she can help you with options, which you might have still.

And do it quckly because staying in Canada while being out of status might have negative effect on your PR if they find out.

As long as you didn't get any notice from CIC about your extension you might still fix your situation.

I hope that maybe one of our Vip member would see this topic and could advice as well.

I called in CIC today and they told me that my application status is open and if was gonna get rejected it would have happened by now and most likely will get refused or approved. Can some VIP members please guide me to what i should be doing?

I have already set up an meeting with an immigration lawyer tomorrow but i am just worried that he/she might just use my situation to make money.

 

[Judlu]

They changed the rules on extensions knowingly submitted to gain implied status only - they now reject your application and it counts from when your permit expired so you would not be able to restore your status within the 90 days.

I'd check very carefully into your current status and consider your options so that you don't have record of overstaying/working without a permit on file.

Hi! I'm pretty much in the same situation. Could you please let me know what do you mean by "you would not be able to restore your status within the 90 days". Why? As I understand, even if the application for a Work Permit extension is rejected you still have a right to apply for a status restoration. Is it correct?

Another question is: Will I receive this "record of overstaying/working without a permit on file" if I continue to work after I applied for WP extension (in case it's rejected)? What may be the consequences? Let's say if I further apply for PR can this record has a negative impact?

 

[ozlis]

Hi! I'm pretty much in the same situation. Could you please let me know what do you mean by "you would not be able to restore your status within the 90 days". Why? As I understand, even if the application for a Work Permit extension is rejected you still have a right to apply for a status restoration. Is it correct?

Another question is: Will I receive this "record of overstaying/working without a permit on file" if I continue to work after I applied for WP extension (in case it's rejected)? What may be the consequences? Let's say if I further apply for PR can this record has a negative impact?

Here it is (again), in particular the third bullet point:

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

 

[Judlu]

Here it is (again), in particular the third bullet point:

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

So may it negatively affect my future application for PR?