Can we apply PR within Canada on expired status or Implied status as study/visit

[akhil5293]

Hi Guys,

Can someone please advice me if we are allowed to apply for the PR with a expired status. My Status is expire and my consultant applied for a study permit paper based application, I haven't got any confirmation, just the receipt of the payment, he told me you are on implied status now and the decision will take 2-3 months. I don't know if he did that right or wrong, now my situation is if I get ITA soon

1)On what statusl I am gonna apply ??
2)Do we need to notify express entry in our profile or LOE that my status is expired already and why I applied for study permit again ?
3) Can we do medical and other things on Implied status ??
4) Do I need to apply for the visitor visa ??


Please guys If somebody faced the same situation, advice me what should I do!!

.

 

[jes_ON]

Can someone please advice me if we are allowed to apply for the PR with a expired status. My Status is expire and my consultant applied for a study permit paper based application, I haven't got any confirmation, just the receipt of the payment, he told me you are on implied status now and the decision will take 2-3 months. I don't know if he did that right or wrong,

"Implied status" means that you continue under your previous status because you have applied to extend it (before the old permit expired). So unless your previous permit was also a study permit, you do not have "implied status." You may not work or study until you get a new permit. However, you do have valid "temporary resident" status until there is a decision on your study permit application.

2)Do we need to notify express entry in our profile or LOE that my status is expired already and why I applied for study permit again ?

CIC already knows. IF they want an explanation, they will ask for it.

3) Can we do medical and other things on Implied status ??

You are not implied status, but you have temporary resident status. And yes, you can do the medical -
http://www.cic.gc.ca/english/information/medical/medexams-perm.asp

4) Do I need to apply for the visitor visa ??
The visitor visa is a travel document that allows you to board a flight to Canada. So whether you need one or not depends on whether you plan to travel any time soon.

 

[akhil5293]

Thank you for your reply. So now I applied for a study permit, after the expiry of my work permit, what should I write it down in my application temporary resident or study permit and once study permit is arrived, do I have to notify cic again, if my pr was in process that time???

 

[amith.s.m]

Where does it ask for you status? I'm in a similar situation but I don't see anywhere it asks for your status...

 

[akhil5293]

Hi guys can someone please provide a straight answer! If you are applying for EE and what status you have to mention, if your current status is already expired and you or restoration status of applied for study/vistior ??

Is it ok to apply for study permit, or it could lead more question, why I am applying for study permit again after work permit!!

 

[jes_ON]

Hi guys can someone please provide a straight answer! If you are applying for EE and what status you have to mention, if your current status is already expired and you or restoration status of applied for study/vistior ??

I agree with amith.s.m - I don't think it asks for your status. CIC can find your status on their own...

Is it ok to apply for study permit, or it could lead more question, why I am applying for study permit again after work permit!!

There is nothing wrong with applying for a study permit, or going back to study after working, as long as you actually (plan to) do that.

 

[canuck_in_uk]

"Implied status" means that you continue under your previous status because you have applied to extend it (before the old permit expired). So unless your previous permit was also a study permit, you do not have "implied status." You may not work or study until you get a new permit. However, you do have valid "temporary resident" status until there is a decision on your study permit application.

Your understanding of Implied Status is incorrect. Anyone, regardless of status, who applies to extend their status before expiry, has Implied Status once their current status expires. Whether they can continue to study or work depends on the original permit and the extension app but they will still have Implied Status.

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

Thank you for your reply. So now I applied for a study permit, after the expiry of my work permit, what should I write it down in my application temporary resident or study permit and once study permit is arrived, do I have to notify cic again, if my pr was in process that time???

You need to clarify your information.

Did you apply for a study permit BEFORE your work permit expired or AFTER? If you applied before, you have Implied Status. If you applied after, you have no status and are here illegally.

 

[akhil5293]

Well, I applied for student permit before my status expired, but I guess the decision will take a while. Now if I am on a implied status right now, can I apply for my PR within ?? And what if I got a decision on my application, do I need to update CIC after, if my application is under process ??

 

[jes_ON]

Your understanding of Implied Status is incorrect. Anyone, regardless of status, who applies to extend their status before expiry, has Implied Status once their current status expires. Whether they can continue to study or work depends on the original permit and the extension app but they will still have Implied Status.

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

You are correct, the old language distinguished between "extending" and "changing" status, but the new language clarifies this. This makes a lot more sense.

 

[OMG_Chakromakro]

you guys are right that it doesn't let you edit the status , but there is a question in EE where it ask's you if you are on valid work permit or not and you can answer yes/no in there. ??

 

[jes_ON]

you guys are right that it doesn't let you edit the status , but there is a question in EE where it ask's you if you are on valid work permit or not and you can answer yes/no in there. ??

There is only one place I can think of that asks SOMETHING like this, it is under the work history section. If you add a job that was in Canada, a set of new questions pop up, one of which is:

"Working legally in Canada during this time? (Answer yes or no)
A person must have:
been working on a valid work permit or exempt from needing one,
had legal status the whole time they were in Canada, and
not stayed longer than the approved time period. "

A few things to note. one, the question applies specifically to the period of work described for the job. Two, the question does not ask if you had a " work permit," it asks if you had a "valid work permit or exempt from needing one" - essentially it wants to know if you were authorized to work. If you are on implied status, you can answer "yes."

The third thing is, if you say "no" you are saying you were working illegally, and the work experience will not be included in your score.

For the OP - the OP can answer "yes" to this question as long as he stopped working when the work permit expired.

EDIT: In another post, the OP stated that he (his consultant) had applied for restoration as a student, which contradicts what he wrote in this thread. "Restoration" means that the work permit expired BEFORE he applied for the study permit, and therefore is NOT on implied status. So if the OP could clear up this discrepancy, it would help.

 

[akhil5293]

I was on a temporary resident permit (LMO based work permit) left the job and was unemployed and now I applied for change in the situation, to stay in Canada as student, what I suppose to answer my questions ???

 

[OMG_Chakromakro]

i think in " work history " you can put the job you had under valid work permit and as for your "current" employment situation you can say no to valid work permit and then state that job as your current job . make sense guys, right ?