+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Working while applied for PGWP

Nitin121

Hero Member
Sep 29, 2017
227
22
india
Hi,
I recently applied for a work permit and as we know it takes somewhere between 2-3 months to process.
I have read from the following link that "A foreign national may work in Canada without a work permit " while waiting for the decision to be made if they have applied for a work permit. Please read the link (1) section (w) and link (2) below.
1) Section (w): https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html
2) https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1507&top=15

Considering that I have abided by all rules and regulations during my studies, Can a company legally reject my application, after giving a verbal offer of acceptance, based on the fact that I do not have a work permit.

@canuck78 @scylla Can you please also provide your suggestions on this ?
 
Last edited:

scylla

VIP Member
Jun 8, 2010
95,938
22,177
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
Hi,
I recently applied for a work permit and as we know it takes somewhere between 2-3 months to process.
I have read from the following link that "A foreign national may work in Canada without a work permit " while waiting for the decision to be made if they have applied for a work permit. Please read the link (1) section (w) and link (2) below.
1) Section (w): https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html
2) https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1507&top=15

Considering that I have abided by all rules and regulations during my studies, Can a company legally reject my application, after giving a verbal offer of acceptance, based on the fact that I do not have a work permit.

@canuck78 @scylla Can you please also provide your suggestions on this ?
This isn't an immigration question. It's a labour law question. You would need to ask a labour lawyer regarding laws on withdrawing a verbal offer.

IMO until something is in writing, there's probably not a lot you can do. But again, this is a question for a labour lawyer.
 

Nitin121

Hero Member
Sep 29, 2017
227
22
india
This isn't an immigration question. It's a labour law question. You would need to ask a labour lawyer regarding laws on withdrawing a verbal offer.

IMO until something is in writing, there's probably not a lot you can do. But again, this is a question for a labour lawyer.

Sorry forgot to mention that I also received a written offer and I signed all of them. Can you suggest/tag someone with that knowledge here.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
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
Sorry forgot to mention that I also received a written offer and I signed all of them. Can you suggest/tag someone with that knowledge here.
I have no idea who can help you here. I suspect no one can.

You really need to pay for a consult with a labour lawyer. There are too many variables such as what the offer letter states, labour laws for that provinces, etc.
 

Nitin121

Hero Member
Sep 29, 2017
227
22
india
I have no idea who can help you here. I suspect no one can.

You really need to pay for a consult with a labour lawyer. There are too many variables such as what the offer letter states, labour laws for that provinces, etc.
Thanks for your suggestion. I will try to find a labour lawyer who can assist with this.
 

Akash722

Newbie
Jan 15, 2021
7
2
Sorry forgot to mention that I also received a written offer and I signed all of them. Can you suggest/tag someone with that knowledge here.
You can still work if you have already applied PGWP or extension of work permit.
 

Nitin121

Hero Member
Sep 29, 2017
227
22
india
You can still work if you have already applied PGWP or extension of work permit.
True but the company said that they have a policy that they won't hire people that dont have a work permit in their hands. My question was if it is legal for them to refuse based on this reason? The first link I provided tells that which other people can work without a work permit and they are in place to help avoid already set mal-practices.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
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
You can still work if you have already applied PGWP or extension of work permit.
That's not what the OP is asking. OP is asking about labour legislation regarding withdrawing a job offer.
 
  • Like
Reactions: Nitin121