CEC returned due to language test but now work permit has expired

[lesmccaff]

I recently submitted my CEC application and omitted the language test because I leave in the Northwest Territories and no approved testing centre exists up here. The closest one is in Alberta. I was advised by CIC over the phone to submit a letter stating why I couldn't take the test and include a further letter by a local educational institute to confirm that no approved center was in the territory. I did this but my application was returned stating it was incomplete. Now I am considering flying to Edmonton to do the test but my current work permit has expired so even if I do the test and reapply I fear it will be ineligable again because my work permit is expired. Any advice?

 

[JORGER]

you don't need to be working at the moment of the application, no need a valid work permit, you can apply from your country after your wp has expired don't need either a job offer. As long as you have gained your canadian experience with a valid wp and meet the language requirements you are ok to apply, so prepare your test, take it, and resubmit your application. Good luck on your test and pr application!

 

[lesmccaff]

Thank you for the reply. But I guess there's more to my situation ... I am in Canada, working at the moment on implied status. I submitted an application for a bridging open work permit based on the assumption I am eligible for CEC PR but now that it has been returned and my latest wp is expired I suspect my application for a new wp will be refused. I wish to remain and work in Canada and have no desire to return to my home country.

 

[lpc19800]

Thank you for the reply. But I guess there's more to my situation ... I am in Canada, working at the moment on implied status. I submitted an application for a bridging open work permit based on the assumption I am eligible for CEC PR but now that it has been returned and my latest wp is expired I suspect my application for a new wp will be refused. I wish to remain and work in Canada and have no desire to return to my home country.

With CEC there is no such thing as implied status - someone correct me pls if I'm wrong here - but if yr wp has expired and you don't have your bridging permit already, you are working illegally. I would stop immediately and then work out your next steps.

 

[Caribou]

Thank you for the reply. But I guess there's more to my situation ... I am in Canada, working at the moment on implied status. I submitted an application for a bridging open work permit based on the assumption I am eligible for CEC PR but now that it has been returned and my latest wp is expired I suspect my application for a new wp will be refused. I wish to remain and work in Canada and have no desire to return to my home country.

Then when your wp gets rejected, you need to apply for "restoration of status" (they'll send you the info with rejection letter) to either worker or temporary resident visa. If you have LMO, you can "restore" your status to worker with additional fee(cannot work until you get a new work permit from the date you receive the rejection letter), if you don't, you'd have to "restore" as a temporary visitor (cannot work).
If you don't want to return to home country, those are the only options.

 

[JORGER]

Then when your wp gets rejected, you need to apply for "restoration of status" (they'll send you the info with rejection letter) to either worker or temporary resident visa. If you have LMO, you can "restore" your status to worker with additional fee(cannot work until you get a new work permit from the date you receive the rejection letter), if you don't, you'd have to "restore" as a temporary visitor (cannot work).
If you don't want to return to home country, those are the only options.

Indeed that little "more in your situation" changes the way you have to act. I declare my ignorance about the implied status when the new wp is a bowp and it can be neglected as your application was returned, (positive point is returned and not refused) I will suggest to look for legal advice and see what are your options.(restoration maybe?)
As I see, the worst case scenario is: you have to stop working and try to get a visitors permit to remain at Canada without working; or to go back home...But...Important thing...you already have the Canadian Experience and the only thing you need is your English test (or french). So again, make your test and send your application, from here or back home, just take care of not doing something illegal, like working or remaining here without appropriate permit. Don't loose the most for the less, keep calm and do what you have to do (take the test and apply)

 

[nevenj]

Hey, something similar happened to me, I checked twice with CIC can I apply for FWS Arranged Employment Option with my work permit (I have non standard work permit) and both times they said yes. At the end, after 4 months and after charging my credit card they rejected my application for PR because of the type of work permit I hold. The same day I decided to apply for CEC but my IELTS score was too low in one band for NOC level A, so I decided to take english exam again. Unfortunately I had to wait over 45 days to take the exam because there weren't any available seats (and for IELTS and for CELPIP) and I had to fly from Waterloo ON where I live, to Halifax Nova Scotia. At the end I managed to send my CEC PR application 20 days before my work permit expired and I applied for BOWP (I've send BOWP app by snail mail so it will take more time).

I would advise you to apply for CELPIP, their test is easier then IELTS (I took both of them), they will publish results 8 business days after taking exam and you can pay them additional, I think it's 15 dollars, to have them send official test results with priority mail.

If your BOWP gets rejected, you can apply for restoration of status if you received AOR. Or if you get lucky because of the strike you'll have enough time to send PR and get AOR while your BOWP application is in someone's desk. Just take english exam as soon as possible.

I just checked CELPIP web site, they have available seats for CELPIP general on 15th of August in Edmonton. If you apply for for that date, you can get your test results before end of August.

I uploaded CELPIP study guide here
http://billionuploads.com/1lg44t5o32iz

 

[JORGER]

the problem here, as I understand, is that the wp is already expired, i'm not sure if the implied status apply when the new wp you are looking for is a bowp that probably will be refused because of not having an AOR. (I don't know). But while trying to figure out the path to follow keep focused on the only thing you need to send the application which is the IELTS or CELPIP test, keep walking forward to get your application submitted asap.

 

[nevenj]

the problem here, as I understand, is that the wp is already expired, i'm not sure if the implied status apply when the new wp you are looking for is a bowp that probably will be refused because of not having an AOR. (I don't know). But while trying to figure out the path to follow keep focused on the only thing you need to send the application which is the IELTS or CELPIP test, keep walking forward to get your application submitted asap.

There are numerous posts here from people who have send application for BOWP before getting AOR.

He needs to get AOR before someone opens his application for BOWP and evaluates it.

 

[scylla]

Thank you for the reply. But I guess there's more to my situation ... I am in Canada, working at the moment on implied status. I submitted an application for a bridging open work permit based on the assumption I am eligible for CEC PR but now that it has been returned and my latest wp is expired I suspect my application for a new wp will be refused. I wish to remain and work in Canada and have no desire to return to my home country.

You don't have implied status. You don't get implied status by submitting a CEC application and a BOWP application. If your work permit has expired - then you are working illegally right now. You need to stop working immediately. If you want to remain in Canada and work, your employer will need to obtain an approved LMO and then you will need to apply for a closed work permit.

 

[eimear]

Correct me if im wrong here but on the CIC website in the instruction guide for applying for the bridging visa it states
"If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you."
This is under the section
"This application guide is for temporary residents who are already in Canada and wish to:
extend their stay as a worker;
change conditions of their stay as a worker;
change their class to include permission to work; or
correct problems in their status."
So if someone has already applied for PR and then applied for the bridging visa before their work permit has expired, doesn't that mean they are on implied status until CIC have reached a yes or no decision?
I'm just confused as I was told this was the case from an Immigration consultant.

 

[Greek26]

Correct me if im wrong here but on the CIC website in the instruction guide for applying for the bridging visa it states
"If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you."
This is under the section
"This application guide is for temporary residents who are already in Canada and wish to:
extend their stay as a worker;
change conditions of their stay as a worker;
change their class to include permission to work; or
correct problems in their status."
So if someone has already applied for PR and then applied for the bridging visa before their work permit has expired, doesn't that mean they are on implied status until CIC have reached a yes or no decision?
I'm just confused as I was told this was the case from an Immigration consultant.

I was told the same thing by my Immigration consultant.

 

[eimear]

I was told the same thing by **spam**.

What do you mean Greek26?

 

[Caribou]

You don't have implied status. You don't get implied status by submitting a CEC application and a BOWP application. If your work permit has expired - then you are working illegally right now. You need to stop working immediately. If you want to remain in Canada and work, your employer will need to obtain an approved LMO and then you will need to apply for a closed work permit.

you are in implied status, if u "extend" our wp by sending application before your current wp expires. you don't need to stop working until they send you "rejection" letter.
I now this because my company filed LMO after my work permit expired(stupid), and I was on implied status and working until they sent me the decision letter after 3 mo later, then I was "removed" from work until I got a new wp.
I had an immigration consultant and company legal department and HR confirmed this for me, so I know for sure I was working legally while under implied status.
Right now, the best scenario for him is to have company apply for LMO ASAP and extend as a worker, but if the decision letter comes first, he'll have to stop working and restore his status with new LMO as a worker or as a visitor. CEC application would be a separate issue then. Also, he won't qualify for Open work permit even if he gets AOR.

 

[JORGER]

thats it then, as you submit your application for wp before the old one was expired, you are on implied status until you receive a rejection (or approval), so that will give you some time to take your test, just don't try to do something you have not authorization for. Anyway unless you receive the BOWP you have to go for restoration of status