Filling Personal History and Work Experience Worked While Out of Status

[ashiny]

Hi everyone,

Desperately looking for some advice about my situation.

I applied for extension of work permit without LIMA or PR in progress before my PGWP expired. Then, I had been working under implied status. Few months later, I realized it was taking way too long for my application. I contacted CIC and found out my application was refused months ago. After that, I quited my job and left Canada.

I had never received any letter from CIC regarding the decision of my application. I mentioned about it when I contacted CIC to check on my application.

The problem is before I found out the refusal I had been working. So, technically I had worked for a period of time while I was out of status.

How should I put it under my personal history and work experience?

For work experience, I am thinking only including the time until the end of my implied status because it is what I claim points for. I will also ask my company to prove my work experience until the same time on the reference letter.

For personal history, to be honest, I will have to put down that I was still working after my implied status ended. Of course, I will explain why it happened in the LOE. Will I be considered to have worked illegally and my PR application refused? Do I have any chance of getting PR under CEC? If I don't put it down, there would be a gap in my personal history.

Anyone has similar experience as me? Any opinion or advice is very much appreciated.

 

[scylla]

You should only claim points your work experience up until your PGWP expired. It's quite likely you never ended up benefiting from implied status since you submitted a work permit extension without qualifying for one. Some time ago CIC changed their process with regards to how they handle work permit extension applications for people who apply but don't qualify. Implied status no longer applies and all work after the expiry of the original work permit is without authorization / illegal.

Yes - you should be honest about working after your PGWP expired. Provided you're honest, this shouldn't impact your application processing.

 

[jes_ON]

Exactly, what Scylla said.

 

[ashiny]

You should only claim points your work experience up until your PGWP expired. It's quite likely you never ended up benefiting from implied status since you submitted a work permit extension without qualifying for one. Some time ago CIC changed their process with regards to how they handle work permit extension applications for people who apply but don't qualify. Implied status no longer applies and all work after the expiry of the original work permit is without authorization / illegal.

Yes - you should be honest about working after your PGWP expired. Provided you're honest, this shouldn't impact your application processing.

Thanks for the reply. Can you please tell me where you have read about the change of CIC policy that work experience during implied status wouldn't count?

 

[xero0xx]

following. i have the same issue. My consultant said im allowed to work legally while my extension of the work permit is in progress, does that extension period counts? i stopped working immediatelly when they refused my extension (my consultant applied just to win time). with that one month i accumulated 12 months of working expierence. then we applied for a restoration and i was working for one month again, does that expierence counts? i know you are not allowed to work when your documents arent in progress and you cant do legal work while you are given 90 days to restore status.

 

[xero0xx]

apparently implied status doesnt count as eligible work expierence

www . cic. gc. ca / english / resources / tools / perm / econ / cec / work. asp

 

[scylla]

following. i have the same issue. My consultant said im allowed to work legally while my extension of the work permit is in progress, does that extension period counts? i stopped working immediatelly when they refused my extension (my consultant applied just to win time). with that one month i accumulated 12 months of working expierence. then we applied for a restoration and i was working for one month again, does that expierence counts? i know you are not allowed to work when your documents arent in progress and you cant do legal work while you are given 90 days to restore status.

See the link below. Applying for an extension when you don't qualify for one no longer works. CIC caught onto this trick and has put a stop to it. When you apply now without qualifying, your application is now rejected as incomplete rather than being refused. When your application is rejected, there's no implied status and you're out of status from the day your original work permit expired. This means any work after the expiry of your original work permit is illegal work and cannot be counted towards any immigration program.

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

It is illegal to work while a restoration application is being processed. When you're under restoration - you are in Canada without status/illegally. Any work experienced gained during the restoration period is certainly illegal and certainly cannot be counted towards PR.

 

[rish6]

See the link below. Applying for an extension when you don't qualify for one no longer works. CIC caught onto this trick and has put a stop to it. When you apply now without qualifying, your application is now rejected as incomplete rather than being refused. When your application is rejected, there's no implied status and you're out of status from the day your original work permit expired. This means any work after the expiry of your original work permit is illegal work and cannot be counted towards any immigration program.

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

It is illegal to work while a restoration application is being processed. When you're under restoration - you are in Canada without status/illegally. Any work experienced gained during the restoration period is certainly illegal and certainly cannot be counted towards PR.

Hello there, if a student applied for pgwp and waits for 2-3 months for pgwp. Then that time frame is implied student status or implied work status?