Implied status

Old Nov 9th 2014, 2:21 pm
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Default Implied status

Hi Everyone,

Someone said a BC PNP application wouldn't give me implied status.

I'm on a PGWP expiring in two months, I expect to receive my approval letter from BC PNP in 3 months. I'm aware that PGWPs are not extendable, however if I applied for a PGWP extension before the expiry date, would that give me implied status? Obviously it would be rejected but it would let me continue work for another 2-3 months until I get my BC PNP approval letter? Any advice would be appreciated. Thank you.

Also, would a PGWP extension rejection affect my PR application? Thank you
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Old Nov 9th 2014, 2:57 pm
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Default Re: Implied status

Originally Posted by davedba
Hi Everyone,

Someone said a BC PNP application wouldn't give me implied status.

I'm on a PGWP expiring in two months, I expect to receive my approval letter from BC PNP in 3 months. I'm aware that PGWPs are not extendable, however if I applied for a PGWP extension before the expiry date, would that give me implied status? Obviously it would be rejected but it would let me continue work for another 2-3 months until I get my BC PNP approval letter? Any advice would be appreciated. Thank you.

Also, would a PGWP extension rejection affect my PR application? Thank you
If your rejected you would need to leave the country immediately on receipt of the rejection is my understanding. Could you have not applied for the FSW?, you then could of got a BOWP on the back of it. You may need to go on visitor status until your BC PNP approval letter comes through.
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Old Nov 9th 2014, 3:20 pm
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Default Re: Implied status

Originally Posted by Mikeypm
If your rejected you would need to leave the country immediately on receipt of the rejection is my understanding. Could you have not applied for the FSW?, you then could of got a BOWP on the back of it. You may need to go on visitor status until your BC PNP approval letter comes through.
Thanks for your response.

Paper based work permit applications take 69 days so I thought that would allow me to work until March 2015 as my PGWP expires Jan 1st, 2015.

Or I request to change my status to visitor and stop working on 1st Jan, 2015.

Based on what BC PNP said, my application will be processed at the end of January. Not sure what to do?
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Old Nov 9th 2014, 6:35 pm
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Default Re: Implied status

Nothing you can do other than stop working and switch to visitor status until you receive your nomination.

Have a read of the sticky thread above about implied status - although it's aimed at those on IECs (as it's such a common question that comes up), it's also all applicable to you as a PGWP isn't extendable either.

HTH.
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Old Nov 10th 2014, 2:34 am
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Default Re: Implied status

Here's the wiki article for Implied Status, which is a bit more structured than what's in the sticky, and I don't think the wiki article is linked in the sticky either.

Implied Status after an IEC Work Permit ends : British Expat Wiki
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Old Nov 10th 2014, 3:10 am
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Default Re: Implied status

Originally Posted by SchnookoLoly
Here's the wiki article for Implied Status, which is a bit more structured than what's in the sticky, and I don't think the wiki article is linked in the sticky either.

Implied Status after an IEC Work Permit ends : British Expat Wiki
Good spot Schnooks, I'll add it to the sticky thread. I did think at the time that your posts on the subject are much more comprehensive than the sticky thread, so was going to try and add those anyway, but I'll do the Wiki article instead as it looks like you've added your knowledge to it.

Thank you.
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Old Nov 10th 2014, 9:03 am
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Default Re: Implied status

Still not clear in the wiki where this is coming from:

Remember, implied status is a type of extension.
Why wouldn't it be defined in Section 5.22, e.g. "...allows for persons to extend their expired work permit"?
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Old Nov 10th 2014, 2:01 pm
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Default Re: Implied status

Originally Posted by d33n
Still not clear in the wiki where this is coming from:



Why wouldn't it be defined in Section 5.22, e.g. "...allows for persons to extend their expired work permit"?
This is coming from many people who arrive in Canada on the IEC or working holiday visa. They read about extending their stay by extending their work permits. The CIC website only gives the basic info and doesn't fully go into the legislation and regulations of the Immigration & Refugee Protection Act. The IEC Canada website states work permits on the IEC cannot be extended but some don't want to believe it. Even certain lawyers tend to think that because they are working on a work permit they can apply to extend their work permit by submitting an extension and thereby getting Implied Status until a decision has been made by CIC as per the basic info given on the CIC website.
For those hard of hearing a work permit issued under the IEC CANNOT BE EXTENDED.
This is taken from the new improved CIC website

Can I extend my International Experience Canada work permit?

No. However, each country has a unique agreement with Canada. Some countries allow participation in the program more than once. If your country's agreement allows participation more than once, you would have to reapply outside of Canada.
Can I extend my International Experience Canada work permit?
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Old Nov 10th 2014, 2:57 pm
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Default Re: Implied status

Just as the wiki says, "but I'm not asking for an extension of my IEC" (and yes I want to beat the dead horse )
Stating that implied status is a type of extension - is an *assumption*. It may as well be a fallacy.

Allegorically, yes it swims like a duck and quacks like a duck but the regulations still don't say that it is a duck.

I'm simply trying to think what is the spirit of the law here. The only reason why the implied status exists is the backlog within CIC and the fact that they can take weeks or months to process a valid application.

Forcing someone to quit their job and hang around as a visitor with (likely) no means of support while their application is being processed is, um, not very humane. In fact this can be more dangerous to the society than letting them work past the permit expiry date (which is, once again, not the same as "extending" that permit).

I'd also be extremely interested to see the stats of how many IEC and PGWP holders that re-apply for a FWP or on PNP actually do so for the same employer. The above would make much more sense if it's the prevailing majority.

Last edited by d33n; Nov 10th 2014 at 3:58 pm.
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Old Nov 10th 2014, 6:36 pm
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Default Re: Implied status

Originally Posted by d33n
Just as the wiki says, "but I'm not asking for an extension of my IEC" (and yes I want to beat the dead horse )
Stating that implied status is a type of extension - is an *assumption*. It may as well be a fallacy.

Allegorically, yes it swims like a duck and quacks like a duck but the regulations still don't say that it is a duck.

I'm simply trying to think what is the spirit of the law here. The only reason why the implied status exists is the backlog within CIC and the fact that they can take weeks or months to process a valid application.

Forcing someone to quit their job and hang around as a visitor with (likely) no means of support while their application is being processed is, um, not very humane. In fact this can be more dangerous to the society than letting them work past the permit expiry date (which is, once again, not the same as "extending" that permit).

I'd also be extremely interested to see the stats of how many IEC and PGWP holders that re-apply for a FWP or on PNP actually do so for the same employer. The above would make much more sense if it's the prevailing majority.
You can only be on implied status if the work permit you have is renewable or extendable. As neither the PGWP nor the IEC are renewable or extendable work permits, you cannot be on implied status as there are no grounds for applying in the first place.

You can only be on implied status to continue to work if the work permit you currently have comes under the relevant legislation.

1) Subsection 201(1) is the provision that allows you to extend a work permit.
2) Section 186(u) provides implied status to those work permit holders who have made an application under subsection 201(1).
3) IEC (and PGWP) work permits cannot be extended therefore 201(1) is not applicable.
4) An IEC (or PGWP) permit holder cannot have implied status as provided by 186(u) because they cannot make a valid application under 201(1).

If you had a normal TWP and it was about to expire and you applied to renew or extend it, then you could be on implied status whilst it was being processed. Unfortunately, this would not apply to you. There is nothing stopping you from returning to your home country whilst the application for CEC, FSW or PNP application was processed, you are not required to remain in the country if you are applying as a skilled worker. Once you received AIP you would be able to apply for a work permit at the port of entry whilst the rest of the application was finalised, which would enable you to obtain a TWP and then a bridging open work permit should your TWP be about to expire and your PR application not yet finalised. Thousands of people do this!

Whether you agree with it or not, that is the legislation, sorry.


Last edited by Siouxie; Nov 10th 2014 at 6:38 pm.
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Old Nov 11th 2014, 2:50 pm
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Default Re: Implied status

Originally Posted by christmasoompa
Nothing you can do other than stop working and switch to visitor status until you receive your nomination.

Have a read of the sticky thread above about implied status - although it's aimed at those on IECs (as it's such a common question that comes up), it's also all applicable to you as a PGWP isn't extendable either.

HTH.
Thank you for the advice. It seems like I'm screwed.

What is the easiest way to switch to visitor status? Do I need to apply online and pay the processing fees or can I just go to the border? Do I need to apply for a visitor visa at all if I'm from a visa-exempt country? Thank you.
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Old Nov 11th 2014, 2:55 pm
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Default Re: Implied status

Originally Posted by davedba
Thank you for the advice. It seems like I'm screwed.

What is the easiest way to switch to visitor status? Do I need to apply online and pay the processing fees or can I just go to the border? Do I need to apply for a visitor visa at all if I'm from a visa-exempt country? Thank you.
If your from a visa exempt country then you can just apply online, I have not changed to visitor status so could be wrong but thing there is no fee to do it.
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Old Nov 13th 2014, 7:11 pm
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Default Re: Implied status

Originally Posted by davedba
Thank you for the advice. It seems like I'm screwed.

What is the easiest way to switch to visitor status? Do I need to apply online and pay the processing fees or can I just go to the border? Do I need to apply for a visitor visa at all if I'm from a visa-exempt country? Thank you.
Yes you'll have to apply even from a visa exempt country. You can do it online. If I recall correctly it's $100.
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