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Contradiction in IRCC language for WP extension [WP-EXT]

sSSspidermanNNn

Full Member
Dec 17, 2023
41
3
On the WP-EXT letter IRCC:
This extended period of work is authorized as per paragraph 186(u) of the IRPR (Immigration and Refugee Protection Regulations) until a decision is made. If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.

In paragraph 186(u) of the IRPR (Immigration and Refugee Protection Regulations):
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;

OP is outside of Canada when the WP EXT is submitted, and will be re-entering Canada on the last day of the PGWP. From paragraph 186(u) of the IRPR if I understand correctly, OP is eligible to re-enter Canada and eligible to continue working until a decision is made.

Do you agree?

Thanks.

The 3-year PGWP expires in January 2024 (Yikes). The Visa issued for the WP is the general V-1 visitor VISA issued in 2021 during the COVID period, and is valid till the end of 2026. If this person is re-entering Canada on the last day of the WP, should this person enter as a visitor or a foreign worker?

Any thoughts?

Many thanks! :)
 

Naturgrl

VIP Member
Apr 5, 2020
39,724
8,168
On the WP-EXT letter IRCC:
This extended period of work is authorized as per paragraph 186(u) of the IRPR (Immigration and Refugee Protection Regulations) until a decision is made. If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.

In paragraph 186(u) of the IRPR (Immigration and Refugee Protection Regulations):
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;

OP is outside of Canada when the WP EXT is submitted, and will be re-entering Canada on the last day of the PGWP. From paragraph 186(u) of the IRPR if I understand correctly, OP is eligible to re-enter Canada and eligible to continue working until a decision is made.

Do you agree?

Thanks.
I don’t read a contradiction. How were you eligible to apply for extension outside Canada? You extend within Canada. You cannot work as you didn’t remain in Canada during processing. You can enter on your TRV as a visitor. What type of permit were you eligible to extend?
 

sSSspidermanNNn

Full Member
Dec 17, 2023
41
3
How were you eligible to apply for extension outside Canada? You extend within Canada.
Could you lead me to the paragraph mentioning that you have to be physically inside Canada at the time of submission of the application?

What if the application was submitted in Canada, and then travel starts after? If this is the case, according to 186(u), the foreign national will be remaining in Canada after the expire of the WP since he/she re-entered on the last day of the WP.
 

Naturgrl

VIP Member
Apr 5, 2020
39,724
8,168
Could you lead me to the paragraph mentioning that you have to be physically inside Canada at the time of submission of the application?

What if the application was submitted in Canada, and then travel starts after? If this is the case, according to 186(u), the foreign national will be remaining in Canada after the expire of the WP since he/she re-entered on the last day of the WP.
An extension can only be applied from within Canada. That is the point of an extension. To continue to work while in Canada. You haven’t said how you are eligible to extend a work permit.

If you leave Canada, you re-enter as a visitor and cannot work until extension is approved.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=190&top=17
 
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sSSspidermanNNn

Full Member
Dec 17, 2023
41
3
An extension can only be applied from within Canada. That is the point of an extension. To continue to work while in Canada. You haven’t said how you are eligible to extend a work permit.

If you leave Canada, you re-enter as a visitor and cannot work until extension is approved.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=190&top=17
Thank you very much! This is very very helpful! I really really appreciate your answers!

The plan was to file the application under the 18-month public policy and continue to work under the pending application before the disapproval decision is made, and wait for some miracle to happen in the meantime.
 

Naturgrl

VIP Member
Apr 5, 2020
39,724
8,168
Thank you very much! This is very very helpful! I really really appreciate your answers!

The plan was to file the application under the 18-month public policy and continue to work under the pending application before the disapproval decision is made, and wait for some miracle to happen in the meantime.
So if you are re-entering and your PGWP expires in 2024, you enter as a visitor. You cannot work until decision is made.
 

sSSspidermanNNn

Full Member
Dec 17, 2023
41
3
So if you are re-entering and your PGWP expires in 2024, you enter as a visitor. You cannot work until decision is made.
If I withdrawal my WP application after re-entered as a visitor, and applied for a new WP under FMWP program would I be able to start working once the new WP is submitted while inland? Thanks again.
 

Naturgrl

VIP Member
Apr 5, 2020
39,724
8,168
If I withdrawal my WP application after re-entered as a visitor, and applied for a new WP under FMWP program would I be able to start working once the new WP is submitted while inland? Thanks again.
What is FMWP? If you enter as a visitor, you cannot work until WP is approved.
 

sSSspidermanNNn

Full Member
Dec 17, 2023
41
3
What is FMWP? If you enter as a visitor, you cannot work until WP is approved.
FMWP is Francophone Mobility Work Permit.

I’m super confused right now as I was granted entry as a Temporary Worker at YYZ by the CBSA officer. I have even double checked with her, and she confirmed that I can enter as a worker and continue working.
 
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