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EE CEC Application wrt implied status

A

asd1985

Hero Member
Nov 27, 2015
221
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Hello.

I believe we cant apply for PR while being under "implied status" (my PR got declined with just 9 days left on my PGOWP).

So now when i go back into the pool, how should this change the way i apply for EE? Earlier, as i was in Canada on a PG-OWP, i never thought about it. Now, i'm still working in Canada for about 1 more month until my BOWP gets rejected, but only under "implied status". What major changes will i need to make to my EE application?
 
Has your current post grad work permit expired? If it has and you’re currently on an implied status as you’re still waiting for the BOWP you submitted to be approved then you cannot apply for another PR. How do you know it will be another month before your BOWP application gets rejected ? You need to have legal status when you apply for PR to get back into the pool if you are in Canada. However, if you’re not in the country you can apply and get back into the pool.
 
Jaykay101 said:
Has your current post grad work permit expired? If it has and you’re currently on an implied status as you’re still waiting for the BOWP you submitted to be approved then you cannot apply for another PR. How do you know it will be another month before your BOWP application gets rejected ? You need to have legal status when you apply for PR to get back into the pool if you are in Canada. However, if you’re not in the country you can apply and get back into the pool.
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It expires end of day, 15th october.
processing times is about 60 days and i applied about 14 days ago.
Since i'm in Canada on implied status ( i guess that's not the same as legal status), i can not apply for EE? Or do i need to make changes to my application for me to be able to apply for EE? That's the confusing part for me. Do i have to leave Canada to get back into the pool?
 
Jaykay101 said:
Has your current post grad work permit expired? If it has and you’re currently on an implied status as you’re still waiting for the BOWP you submitted to be approved then you cannot apply for another PR. How do you know it will be another month before your BOWP application gets rejected ? You need to have legal status when you apply for PR to get back into the pool if you are in Canada. However, if you’re not in the country you can apply and get back into the pool.
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There is no requirement in terms of your legal status in Canada for CEC, you can be living outside of Canada and still apply. Even though since his status is implied, he is legal in Canada. He cannot apply for another Bridge Work Permit under implied status, but for CEC you can apply without having a work permit or present in Canada.

You must:

According to the Canadian National Occupational Classification, skilled work experience means:

  • Managerial jobs (skill level 0)
  • Professional jobs (skill type A)
  • Technical jobs and skilled trades (skill type B)
You must show that you performed the duties set out in the lead statement of the occupational description in the National Occupational Classification. This includes all the essential duties and most of the main duties listed.

https://www.canada.ca/en/immigratio...ry/eligibility/canadian-experience-class.html
 
movais said:
There is no requirement in terms of your legal status in Canada for CEC, you can be living outside of Canada and still apply. Even though since his status is implied, he is legal in Canada. He cannot apply for another Bridge Work Permit under implied status, but for CEC you can apply without having a work permit or present in Canada.

You must:

According to the Canadian National Occupational Classification, skilled work experience means:

  • Managerial jobs (skill level 0)
  • Professional jobs (skill type A)
  • Technical jobs and skilled trades (skill type B)
You must show that you performed the duties set out in the lead statement of the occupational description in the National Occupational Classification. This includes all the essential duties and most of the main duties listed.

https://www.canada.ca/en/immigratio...ry/eligibility/canadian-experience-class.html
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Yes no requirement when you’re applying in general but if you are making any application you need to have legal status in the country you’re applying from. Hence, if applying from Canada you must be on some type of temporary permit.

Technically, you’re not on implied status because your current powg permit has not expired yet. You still have legal status until the 15th when it expires. Your implied status will kick in on the 16th after the expiry. You can create a new application and if you get invited before the 15th then you are good to go. If not, then you have to wait till the decision on your BOWP comes out as you will be on implied status at that point and can’t apply for CEC.

I am speaking from first hand experience. I applied for Pr and applied for BOWP at the same time. My Pr application was refused but my BOWP was granted for a year. After the refusal, I applied for my PR again and I got it the second time.
 
Jaykay101 said:
Yes no requirement when you’re applying in general but if you are making any application you need to have legal status in the country you’re applying from. Hence, if applying from Canada you must be on some type of temporary permit.

Technically, you’re not on implied status because your current powg permit has not expired yet. You still have legal status until the 15th when it expires. Your implied status will kick in on the 16th after the expiry. You can create a new application and if you get invited before the 15th then you are good to go. If not, then you have to wait till the decision on your BOWP comes out as you will be on implied status at that point and can’t apply for CEC.

I am speaking from first hand experience. I applied for Pr and applied for BOWP at the same time. My Pr application was refused but my BOWP was granted for a year. After the refusal, I applied for my PR again and I got it the second time.
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Did your PR got refused before BOWP was approved?
 
Jaykay101 said:
I am speaking from first hand experience. I applied for Pr and applied for BOWP at the same time. My Pr application was refused but my BOWP was granted for a year. After the refusal, I applied for my PR again and I got it the second time.
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How did that happen? Can they grant you a BOWP even if your application was refused? I didn't even know that this was a possibility.
 
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Jaykay101 said:
Yes no requirement when you’re applying in general but if you are making any application you need to have legal status in the country you’re applying from. Hence, if applying from Canada you must be on some type of temporary permit.

Technically, you’re not on implied status because your current powg permit has not expired yet. You still have legal status until the 15th when it expires. Your implied status will kick in on the 16th after the expiry. You can create a new application and if you get invited before the 15th then you are good to go. If not, then you have to wait till the decision on your BOWP comes out as you will be on implied status at that point and can’t apply for CEC.

I am speaking from first hand experience. I applied for Pr and applied for BOWP at the same time. My Pr application was refused but my BOWP was granted for a year. After the refusal, I applied for my PR again and I got it the second time.
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I dont see why you cannot apply for PR on implied status, you can work, even get a Temporary resident visa (i got it) and have normal legal status in Canada.
 
movais said:
I dont see why you cannot apply for PR on implied status, you can work, even get a Temporary resident visa (i got it) and have normal legal status in Canada.
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I share your thoughts as well. I've been digging into this ever since i got my refusal. So here are some links to explain this mess:

https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1134&top=29

Two brains analysis this is better than one i guess.
 
movais said:
Did your PR got refused before BOWP was approved?
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So, two separate teams handle them because they are sepeate applicationss although linked together . I called and was told my BOWP had been approved and the next day I got an email saying my Pr was refused. Like the next day. I can’t say which one happened first. I did some research because I was afraid I couldn’t stay as the PR was cancelled. There are no clear guidelines on this but my permit said it won’t expire till 2018 at the time so I consulted a lawyer who said I was good to go.
 
Jaykay101 said:
So, two separate teams handle them because they are sepeate applicationss although linked together . I called and was told my BOWP had been approved and the next day I got an email saying my Pr was refused. Like the next day. I can’t say which one happened first. I did some research because I was afraid I couldn’t stay as the PR was cancelled. There are no clear guidelines on this but my permit said it won’t expire till 2018 at the time so I consulted a lawyer who said I was good to go.
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Man this is the kinda luck i need! Is there a way i can send them a supporting document to request them to do the same for me? I mean i have a job offer and all that. This is the first time I've head of a BOWP getting approved while PR getting rejected at the same time.
 
Jaykay101 said:
So, two separate teams handle them because they are sepeate applicationss although linked together . I called and was told my BOWP had been approved and the next day I got an email saying my Pr was refused. Like the next day. I can’t say which one happened first. I did some research because I was afraid I couldn’t stay as the PR was cancelled. There are no clear guidelines on this but my permit said it won’t expire till 2018 at the time so I consulted a lawyer who said I was good to go.
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OKay, next day makes sense. Probably both decisions were made very close, so you got lucky lol..
 
movais said:
even get a Temporary resident visa (i got it)
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Can you please tell me if i can apply for a TRV right now? I'm on a WP until the 15th of October.
I dont want to be put in a position to "restore" my status here so i'm avoiding that as well, if i can.
 
movais said:
I dont see why you cannot apply for PR on implied status, you can work, even get a Temporary resident visa (i got it) and have normal legal status in Canada.
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Because the implied status is depending on an outcome (Pr application) that has now been rejected. At that point , you become out of status if your BOWP is rejected. You can try and submit you know but seek expert advice on this for sure.
 
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