HELP :'BOWP applied but employer refuse to continue employment on implied status

[Seabie]

Anyone has same issue?

My current PGWP is expiring very soon. I just received AOR and sent applicaiton for BOWP last week. Just when I thought everything is ok, HR told me I can't continue to work once my PGWP expires. I told them I should have the right to work on implied status, and they said then I need to have some kind of Government confirmation/letter to prove that I AM ON IMPLIED STATUS AND CAN WORK.

This whole thing is very frustrating and also, my company is really really large, I am really not sure what to do now...

 

[joolery]

Anyone has same issue?

My current PGWP is expiring very soon. I just received AOR and sent applicaiton for BOWP last week. Just when I thought everything is ok, HR told me I can't continue to work once my PGWP expires today. I told them I should have the right to work on implied status, and they said then I need to have some kind of Government confirmation/letter to prove that I AM ON IMPLIED STATUS AND CAN WORK.

t

That's unfortunate. My husband works for the govt and they were fine with it!

 

[arowberry]

I went through a similar situation last year. To appease my employer I sent them proof of my BOWP application arriving in Vegreville, as well as the following link:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=189&t=17

That worked for me, hopefully your employer will see things the same way.

 

[MapleLeafCEC]

You can go this link http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Print it out or email the page or link it to the HR and highlight this paragraph:

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

 

[Mississauga86]

Anyone has same issue?

My current PGWP is expiring very soon. I just received AOR and sent applicaiton for BOWP last week. Just when I thought everything is ok, HR told me I can't continue to work once my PGWP expires. I told them I should have the right to work on implied status, and they said then I need to have some kind of Government confirmation/letter to prove that I AM ON IMPLIED STATUS AND CAN WORK.

This whole thing is very frustrating and also, my company is really really large, I am really not sure what to do now...

My PGWP expired recently, I am on implied status as well. I didn't even discuss this with my HR because I was advised that its not mandatory to report this to my employer. There is no issues in my case.

 

[Seabie]

<Mississauga86

i started to get emails from HR 3 months before my current work permit expires...

 

[Seabie]

<joolery

he is lucky..

 

[Seabie]

< MapleLeafCEC and arowberry

I provided both and other printouts from CIC webiste, they said the whole immigration system is too complicated and link doesn't mean anything

do i have the rights to continue to work and is it legal to terminate me because im on implied status??

 

[jes_ON]

You said your company is really large, HR does what the bosses say. if you have manager/supervisor who CAN understand plain English and is willing to go to bat for you, then you may have a chance. Also, large companies may have legal departments who can read and understand CIC rules.

Alternatively, they may listen to an immigration lawyer. You might want to talk to one, if you're sure they'd rather keep you but are just confused. However, I am sorry to say, it sounds like they are just trying to get rid of you, for whatever reason.

You are authorized to work in Canada. You will have to talk to the Labour Board for your province to determine whether there is cause.

http://www.cic.gc.ca/english/work/tfw-rights.asp

 

[saja_roy]

I don't think any employer can terminate you giving the reason for termination as "due to implied status". I was in closed work permit and many time being in implied status and my company never said anything about it. So i suggest you to provide your details including any receipt which shows you have applied for BOWP. Best of luck!! stay positive.

 

[Seabie]

< jes_ON

yes they have legal department and lawyers work for them. My manager wants to keep me but don't know how, she is acting like middle personal and HR is being difficult. She even asks the permission to put me on short leave before new work visa issued.

On the phone HR was reading this from our internal websit (maybe a quote from cic):
If a TFW applies to CIC for a renewal/extension of their work permit prior to its expiry date, they may have “implied status” to legally continue working in Canada, in the same position, until such time as CIC makes a decision regarding their application. A TFW with implied status must continue to work under the same terms and conditions as set out in their expired work permit.
and they are saying they MAY have implied status but not all.