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WORK PERMIT HAS EXPIRED ADVICE NEEDED

WORK PERMIT HAS EXPIRED ADVICE NEEDED

Old Jan 8th 2011, 4:13 am
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Default WORK PERMIT HAS EXPIRED ADVICE NEEDED

Hi Guys my work permit has expired, I have a permit position and work in Alberta and have a valid AINP Number. I applied for extension on 07 October and still havent had a reply, the CIC site says they are still working on 19 Sept and its taking 102 days. My question is my permit expired the end of Oct do I have implied status until the extension comes through, or do I only have 90 days for expiration of 1st permit. I have also applied for PR at the on 12th Oct but understand this will take some time. Thanks in advance for any advice.
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Old Jan 8th 2011, 9:09 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

My understanding is that you have implied status until either;

- A decision has been made on your current work permit application
or
- You leave Canada

I am in the same position as you, I'm staying with the same employer and they want to continue to hire me for a bit longer, what information did you submit? Did your employer write a letter? What details did it include?

-Alan
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Old Jan 8th 2011, 9:24 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Hi Alan,
Thanks for the reply, I have sent my contract of employment and Nomination letter required to obtain the AINP already so the application for extension to TWP was completed as per guidelines and AINP letter of recommendation was also included. Cant believe how far behind they are. We tried to submit the application online but encountered problems right at the very end of on line application so thought it batter to submit the hard copy. Just more waiting then.
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Old Jan 8th 2011, 10:46 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Originally Posted by Alanandson View Post
My understanding is that you have implied status until either;

- A decision has been made on your current work permit application
or
- You leave Canada

I am in the same position as you, I'm staying with the same employer and they want to continue to hire me for a bit longer, what information did you submit? Did your employer write a letter? What details did it include?

-Alan
I thought that wasn't the case in Canada and once your work permit had expired you weren't legally permitted to work until your new one was issued.

I know implied status is standard in the UK but I think Canada has different rules. For the record, I hope you are right though.
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Old Jan 8th 2011, 11:24 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

This happened to me in 2010. I received SINP (Sask provincial) nomination in May 2010 and immediately sent off my TWP extension application (TWP expired in early Aug 2010).

I did not receive my new TWP until September, but all of the help desk people I spoke to (at the CIC and at the SINP) said that I had "implied status" and could carry on as normal until my new permit arrived or was refused.

I worked without having possession of a valid permit for a month and nothing has been said.
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Old Jan 9th 2011, 12:18 am
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Thanks, hope it gets here soon
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Old Jan 9th 2011, 3:39 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Just to confirm it for you:

Section 5.22 of the Temporary Foreign Worker Operational Manual states;

5.22. Work without a work permit R186(u)—Implied status
R186(u) allows for persons to continue working under the conditions of an expired work permit, as
long as they applied for a new work permit before the original work permit expired and have
remained in Canada. Once the decision has been made, the client will either have to leave
Canada or will continue as a worker who holds a valid work permit.
See also OP 11, section 24.
http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

And the actual Regulations passed by Parliament state (R186(u)):

186. A foreign national may work in
Canada without a work permit
......
(u) until a decision is made on an application
made by them under subsection
201(1), if they have remained in Canada
after the expiry of their work permit and
they have continued to comply with the
conditions set out on the expired work
permit, other than the expiry date.

Last edited by BTJ; Jan 9th 2011 at 3:44 pm.
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Old Jan 9th 2011, 3:50 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Originally Posted by BTJ View Post
Just to confirm it for you:

Section 5.22 of the Temporary Foreign Worker Operational Manual states;



http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

And the actual Regulations passed by Parliament state (R186(u)):
Oh, so the law there is pretty much exactly the same as the UK then. That's quite good news.
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Old Jan 9th 2011, 5:28 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Thanks again so much for your replies it has set my mind at rest for the moment.
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Old Jan 9th 2011, 7:10 pm
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Default Re: WORK PERMIT HAS EXPIRED ADVICE NEEDED

Originally Posted by fozzy33 View Post
Thanks again so much for your replies it has set my mind at rest for the moment.
That's really good news! There really are some people on this forum who are able to give excellent information to those of us who are less informed on the Canadian "way of life".

Thank you. (Oooh - and our PR cards have turned up!)
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