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change in condition of WP

karanJ

Star Member
Jun 24, 2013
148
3
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-05-2013
Doc's Request.
NA
Nomination.....
NA
AOR Received.
04-07-2013
IELTS Request
sent with application
Med's Request
28-01-2014
Med's Done....
28-02-2014
Interview........
waived
Passport Req..
24/04/2014
VISA ISSUED...
14/05/2014
LANDED..........
waiting
Hi ,

Currently I am on closed WP which will be expiring next week . I am planning to apply for BOWP before its expiry . Will I still be considered to be on implied status and continue to work or I will have to stop working ?
 

dineshh.786

Hero Member
Aug 1, 2013
270
79
Category........
Visa Office......
NDVO
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
03-07-2014
Doc's Request.
waiting
Nomination.....
PER 30th Oct 2014
AOR Received.
NA
IELTS Request
sent with application
File Transfer...
NA
Med's Request
15-JAN-2015
Med's Done....
19-JAn-2015
Interview........
waived
Passport Req..
18-Mar-2015
VISA ISSUED...
12-Mar-2015 received on 7-April-2015
LANDED..........
ASAP
in your case You can work with the same emloyer and follow the conditions listed on you previous workpermit, but cannot change until a decision has been made.

I have applied for a new work permit. Can I stay in Canada if my work permit expires?

Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category.
If you applied for a different kind of permit

You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.

Implied Status

If a temporary resident has applied to extend their period of authorized stay in Canada before it has ended, the period of their stay in Canada is extended until a decision is made on their application pursuant to subsection 183(5) of the Immigration and Refugee Protection Regulations (IRPR). Thus, even if an individual is days away from the expiry of their work or study permit, they will still be able to obtain implied status so long as their extension application is received before the official expiry date on their permit is reached.

Once on implied status, a temporary resident who has applied for a renewal of their work or study permit has a right to continue working or studying under the same conditions until a final decision is made on their renewal application. However, to maintain their implied status it is imperative that a temporary resident remain in Canada throughout the processing of their renewal application. Implied status will be lost immediately upon exiting Canada