PGWP workers on implied status

[macIndia]

Guys, Not sure if there is already one thread for this.

Share your experience who were on implied status (workers) - applied for work permit intentionally to buy 3 more months eventhough ITA/LMIA/PNP was not available.

Are you still waiting for your rejection ? If yes when did you apply ?

If you got rejected, what did you restore your status to ? Student/Worker/Vistor.

 

[scylla]

You should be aware that CIC changed their rules several months ago regarding work permit extension applications for individuals who don't qualify for extensions. Assuming CIC follows their new rules, there's no implied status. Once the application is rejected, any work completed after the original work permit expired can't be counted as work experience towards any Canadian immigration program. Additionally, you'll be out of status in Canada as of the day your work permit expired (not the day you received the rejection). If it takes CIC more than 90 days to reject your application, this means it will not be possible to restore your status from within Canada.

 

[Alex0924]

For example, if the PGWP expired on Nov 29, 2016 and applied for close wp with pending lima before that day by mail. After 3 months if can not get positive lmia and rejected by CIC. That means can not apply restoration? Thank you!

 

[macIndia]

You should be aware that CIC changed their rules several months ago regarding work permit extension applications for individuals who don't qualify for extensions. Assuming CIC follows their new rules, there's no implied status. Once the application is rejected, any work completed after the original work permit expired can't be counted as work experience towards any Canadian immigration program. Additionally, you'll be out of status in Canada as of the day your work permit expired (not the day you received the rejection). If it takes CIC more than 90 days to reject your application, this means it will not be possible to restore your status from within Canada.

Which individuals are you referring to ? is it IEC ? Couple of my friends applied for their wp extension before the expiry of PGWP. they got the letter that their status expired on the date of refusal and got the 90 day restoration period.

 

[zardoz]

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

Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

An application without the required mandatory document (an LMIA in this example) is presumably "incomplete".

 

[macIndia]

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

An application without the required mandatory document (an LMIA in this example) is "incomplete".

well cic says that if your LMIA is in pending state and when they open the file and you don't have LMIA there. they will refuse the application, not reject.

incomplete has it's own definition. if you send the required forms then its not incomplete. Sending empty form is ofcourse incomplete.

 

[macIndia]

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

An application without the required mandatory document (an LMIA in this example) is presumably "incomplete".

Here is the link http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

 

[neorol]

Here is the link http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

Scylla is right, but they do not always reject. It might depend on the mood of the VO. There was somone last week who got refusal and not rejection against the fact his application was incomplete.

Anyway, it's a risky game, but if you don't have any option you can't do much. You have to wait for the refusal or rejection letter. If it's refusal, you will have 90 days to restore your status as a visitor.

Applying for BOWP (if you would get ITA) is not an option either, because at the moment of applying you have to have a valid work visa and attach the 1st AOR letter what you get after submitting your PR. LMIA would be the only option, but it has also 3-4 months processing time.

Sorry for the bad news, I hope things will turn out well

 

[ZackKar]

Guys, Not sure if there is already one thread for this.

Share your experience who were on implied status (workers) - applied for work permit intentionally to buy 3 more months eventhough ITA/LMIA/PNP was not available.

Are you still waiting for your rejection ? If yes when did you apply ?

If you got rejected, what did you restore your status to ? Student/Worker/Vistor.

Hello, I am facing the exact same issue, my PGWP expires two months before I completed the one year experience and I don't have LMIA/PNP.

I am interesting to know what you did? I am thinking to apply for an extension while I know they will reject my application. but I will buy some time and keep working until they make a decision.