PGWP expired, ITA received and submitted already, Pls Help.

[HanenBlade]

Hi all, my case is bit of tricky.

My PGWP expired on Jul.27, and i received my ITA on 23rd the same month.

I spent a month on gathering all the documents, and submit the application on the Aug 22nd.

Submitted the application for BOWP 3 days later(currently stuck on Biometrics).

So am i under the "implied status" as a worker now?


Btw, i didn't include the T4 forms or pay stubs for the Work experiences letters on both In-canada or overseas work experiences. The application is not really asking me for the pay stubs. But i saw a lot of us are including them. Is it necessary ?

Many thanks in advance.

 

[primaprime]

So am i under the "implied status" as a worker now?

Oh, no. To be eligible for a BOWP and to benefit from implied status on that application, you needed to have applied before your PGWP expired.

At this point, you need to stop working as you have now been out of status for well over a month. You will likely have to apply to restore your status as a visitor (counting 90 days from July 25, the deadline for you is October 25).

You may also want to consult a lawyer and see if there's anything they suggest, since this could have implications on your PR application, although IRCC is often understanding in cases where someone has been apologetic about a mistake.

 

[scylla]

Hi all, my case is bit of tricky.

My PGWP expired on Jul.27, and i received my ITA on 23rd the same month.

I spent a month on gathering all the documents, and submit the application on the Aug 22nd.

Submitted the application for BOWP 3 days later(currently stuck on Biometrics).

So am i under the "implied status" as a worker now?


Btw, i didn't include the T4 forms or pay stubs for the Work experiences letters on both In-canada or overseas work experiences. The application is not really asking me for the pay stubs. But i saw a lot of us are including them. Is it necessary ?

Many thanks in advance.

No - you do not have implied status. You are out of status in Canada and need to apply to restore your status.

Hopefully you are not still working. If you are still working, you need to stop.

Unfortunately you would only have had implied status if you had submitted your BOWP application before your PGWP expired. Since you submitted the BOWP application after your PGWP expired, you do not have implied status and this also means the BOWP is going to be refused.

Submit the application to restore your status so that you can remain in Canada legally. You'll need to restore your status to visitor. In order to be able to work, you'll need to get a job offer and LMIA so that you can apply for a closed work permit - or wait until your PR application is approved.

 

[jes_ON]

Btw, i didn't include the T4 forms or pay stubs for the Work experiences letters on both In-canada or overseas work experiences. The application is not really asking me for the pay stubs. But i saw a lot of us are including them. Is it necessary ?

See the section , Proof of Work Experience
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

If you have the T4s for your Canadian work experience, you should include them (makes it a lot easier for IRCC to say "yes"). IRCC cannot mandate that you include them (or other supporting documents). But if you don't, it is easier for IRCC to say that there is insufficient proof of your claimed work experience.

For Foreign Work Experience, it kind of depends where it is from. For example, from the USA, the W2 is the equivalent of a T4 and is helpful to include. Some countries don't have such documents.

If you earn an hourly wage instead of a salary, then it can often be important to include paystubs.

If you want to add any supporting documents, you can send them via the webform -
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

 

[HanenBlade]

Oh, no. To be eligible for a BOWP and to benefit from implied status on that application, you needed to have applied before your PGWP expired.

At this point, you need to stop working as you have now been out of status for well over a month. You will likely have to apply to restore your status as a visitor (counting 90 days from July 25, the deadline for you is October 25).

You may also want to consult a lawyer and see if there's anything they suggest, since this could have implications on your PR application, although IRCC is often understanding in cases where someone has been apologetic about a mistake.

Thank you for replying~

Thank god i stopped on the day my work permit expired. Sweet Jesus....

Do you think maybe i should start a new application as a visitor to restore the status? In the BOWP application, there's fee called "Restoration of status" for $200. I thought that could do it, maybe not?

 

[HanenBlade]

See the section , Proof of Work Experience
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

If you have the T4s for your Canadian work experience, you should include them (makes it a lot easier for IRCC to say "yes"). IRCC cannot mandate that you include them (or other supporting documents). But if you don't, it is easier for IRCC to say that there is insufficient proof of your claimed work experience.

For Foreign Work Experience, it kind of depends where it is from. For example, from the USA, the W2 is the equivalent of a T4 and is helpful to include. Some countries don't have such documents.

If you earn an hourly wage instead of a salary, then it can often be important to include paystubs.

If you want to add any supporting documents, you can send them via the webform -
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

That is so true! Can't believe i missed that! Thank you so much! I'll include them in a minute and use the web form.

Btw, upload the new file via web form only is good enough, right?

 

[HanenBlade]

No - you do not have implied status. You are out of status in Canada and need to apply to restore your status.

Hopefully you are not still working. If you are still working, you need to stop.

Unfortunately you would only have had implied status if you had submitted your BOWP application before your PGWP expired. Since you submitted the BOWP application after your PGWP expired, you do not have implied status and this also means the BOWP is going to be refused.

Submit the application to restore your status so that you can remain in Canada legally. You'll need to restore your status to visitor. In order to be able to work, you'll need to get a job offer and LMIA so that you can apply for a closed work permit - or wait until your PR application is approved.

This is good advice! Do you think i should withdraw my BOWP application or simply just start another application as a Visitor ?

 

[primaprime]

Thank you for replying~

Thank god i stopped on the day my work permit expired. Sweet Jesus....

Do you think maybe i should start a new application as a visitor to restore the status? In the BOWP application, there's fee called "Restoration of status" for $200. I thought that could do it, maybe not?

You definitely need to apply to restore your status as a visitor. You should speak to a lawyer, as perhaps you could restore your status as a worker, and then apply for a BOWP, but as it stands now you are not eligible for a BOWP as you needed to apply before your PGWP expired. And since a PGWP cannot really be extended, I don't know if it would be possible for you to restore that status.

 

[scylla]

This is good advice! Do you think i should withdraw my BOWP application or simply just start another application as a Visitor ?

I would withdraw the BOWP application to try to get the fees back.

It's not enough to apply for visitor status. You also have to restore your status since you're currently in Canada without any status.

 

[HanenBlade]

I would withdraw the BOWP application to try to get the fees back.

It's not enough to apply for visitor status. You also have to restore your status since you're currently in Canada without any status.

To restore the status, you mean to restore the legal status in Canada, not status as a worker, right?

or simply means i need to restore my status as Visitor, isn't this process will be included in my new visitor application?

 

[scylla]

To restore the status, you mean to restore the legal status in Canada, not status as a worker, right?

or simply means i need to restore my status as Visitor, isn't this process will be included in my new visitor application?

You can't just apply for a new visitor application. You are out of status in Canada. You have to apply to restore your status.

 

[HanenBlade]

You can't just apply for a new visitor application. You are out of status in Canada. You have to apply to restore your status.

I think i finally got it! Thank you so much your advice!