Question about Expired PGWP - Can I stay legally for 90 days in Canada?

[drsamu]

Hey everyone,

I have a question regarding my expired PGWP, which expired this january. I'm hoping some of you might have some insights or experiences to share.

I was wondering if I'm allowed to stay in Canada legally for 90 days after my PGWP expires, even though I won't be able to work or engage in any other activities during this period. I need some time to figure out my next steps, and I'm positive I'll receive an ITA since I'm applying under the French category of Express Entry.

Moreover, I came across information about a visitor record. Can anyone clarify if I can apply for a visitor record even if my work permit has expired? If so, what documents do they ask for?

I truly appreciate any advice or experiences you can share. Thanks in advance!

 

[scylla]

Hey everyone,

I have a question regarding my expired PGWP, which expired this january. I'm hoping some of you might have some insights or experiences to share.

I was wondering if I'm allowed to stay in Canada legally for 90 days after my PGWP expires, even though I won't be able to work or engage in any other activities during this period. I need some time to figure out my next steps, and I'm positive I'll receive an ITA since I'm applying under the French category of Express Entry.

Moreover, I came across information about a visitor record. Can anyone clarify if I can apply for a visitor record even if my work permit has expired? If so, what documents do they ask for?

I truly appreciate any advice or experiences you can share. Thanks in advance!

No. You will not have 90 days of valid status. You will be out of status unless you apply to change your status to visitor before the PGWP ends. You need to be applying for a visitor record before the PGWP expires. The details on how to apply are on the IRCC site. If your work permit has expired and you didn't apply to change your status, then you are in Canada illegally and need to restore your status. You must have valid status in Canada in order to submit a PR application. Getting ITA does not put you back in status.

 

[drsamu]

No. You will not have 90 days of valid status. You will be out of status unless you apply to change your status to visitor before the PGWP ends. You need to be applying for a visitor record before the PGWP expires. The details on how to apply are on the IRCC site. If your work permit has expired and you didn't apply to change your status, then you are in Canada illegally and need to restore your status. You must have valid status in Canada in order to submit a PR application. Getting ITA does not put you back in status.

yes I understand I'm out of status. I have 90 days grace period to figure out what to do. If you don't mind asking where does it say I need a valid status to submit a pr application? The job experience I'm claiming points for was done when my work permit was still valid. I don't have a job now or a job offer that I will claim points for. same with education, I got my degree when I had my study permit. I'd love to get more clarifications because my work permit just expired and I did enter the express entry pool after it expired. Hoping to get an ita in the next week or so so that I can restore my status and apply for bowp.
Thanks again for your help

 

[scylla]

yes I understand I'm out of status. I have 90 days grace period to figure out what to do. If you don't mind asking where does it say I need a valid status to submit a pr application? The job experience I'm claiming points for was done when my work permit was still valid. I don't have a job now or a job offer that I will claim points for. same with education, I got my degree when I had my study permit. I'd love to get more clarifications because my work permit just expired and I did enter the express entry pool after it expired. Hoping to get an ita in the next week or so so that I can restore my status and apply for bowp.
Thanks again for your help

The 90 days isn't a grace period. That's the wrong way to look at it. You have 90 days to apply to restore your status but this doesn't change the fact you are in Canada illegally / without authorization. You need to be admissible to Canada to apply for PR from within Canada through an economic immigration stream. If you are in Canada without authorization, you don't meet this criteria.

You should apply to restore your status to visitor ASAP if you are expecting ITA soon. Frankly, it was a big error not to convert your status to visitor before your WP expired. But it is what it is.

You are not going to qualify for a BOWP since one of the conditions of a BOWP is that you must be holding a valid WP at the time you apply.

 

[drsamu]

The 90 days isn't a grace period. That's the wrong way to look at it. You have 90 days to apply to restore your status but this doesn't change the fact you are in Canada illegally / without authorization. You need to be admissible to Canada to apply for PR from within Canada through an economic immigration stream. If you are in Canada without authorization, you don't meet this criteria.

You should apply to restore your status to visitor ASAP if you are expecting ITA soon. Frankly, it was a big error not to convert your status to visitor before your WP expired. But it is what it is.

You are not going to qualify for a BOWP since one of the conditions of a BOWP is that you must be holding a valid WP at the time you apply.

ok I understand now. If I apply and restore my status as a visitor that should make me admissible again right? or should I just go back home and wait for my pr?

 

[scylla]

ok I understand now. If I apply and restore my status as a visitor that should make me admissible again right? or should I just go back home and wait for my pr?

Yes, if you restore your status to visitor that will resolve the issue. However you won't be able to apply for the BOWP so your call if you remain in Canada as a visitor or return home.

 

[drsamu]

Yes, if you restore your status to visitor that will resolve the issue. However you won't be able to apply for the BOWP so your call if you remain in Canada as a visitor or return home.

The reason I decided to wait for ita before I restore my status because I checked online and i found this:
"Also, you may now be eligible if your status has expired and you are eligible to restore your status and get a work permit, or if you are in Canada and maintained your status as a worker. Under the old rules, you were not eligible to apply for the BOWP if your work permit had expired."

source: https://www.cicnews.com/2021/11/it-is-now-easier-to-get-a-bridging-open-work-permit-in-canada-1119519.html#gs.3uf8j2
Also regarding changing my status to visitor. that's visitor visa right? like tourist visa? thank you again for your help

 

[scylla]

The reason I decided to wait for ita before I restore my status because I checked online and i found this:
"Also, you may now be eligible if your status has expired and you are eligible to restore your status and get a work permit, or if you are in Canada and maintained your status as a worker. Under the old rules, you were not eligible to apply for the BOWP if your work permit had expired."

source: https://www.cicnews.com/2021/11/it-is-now-easier-to-get-a-bridging-open-work-permit-in-canada-1119519.html#gs.3uf8j2
Also regarding changing my status to visitor. that's visitor visa right? like tourist visa? thank you again for your help

Right. But you are not eligible to restore your status as a worker unless there something you're not telling us, like you have a job offer supported by an approved LMIA.

 

[drsamu]

Right. But you are not eligible to restore your status as a worker unless there something you're not telling us, like you have a job offer supported by an approved LMIA.

I actually doubled checked now and turns out my pgwp expires today. so I did apply just now for a visitor record thing you told me and paid the fees.... another thing it means I applied for my pr while I'm still in status. No unfortunately I don't have a job lmia or any job offer. I have some saved up money I was willing to use to support myself in these 3-4 months.
My question now is am I eligible for bowp since im not out of status anymore?
thank you again scylla for saving me last minute haha

 

[scylla]

I actually doubled checked now and turns out my pgwp expires today. so I did apply just now for a visitor record thing you told me and paid the fees.... another thing it means I applied for my pr while I'm still in status. No unfortunately I don't have a job lmia or any job offer. I have some saved up money I was willing to use to support myself in these 3-4 months.
My question now is am I eligible for bowp since im not out of status anymore?
thank you again scylla for saving me last minute haha

You haven't applied for PR. You just submitted an EE profile. You won't apply for PR until you receive ITA and submit your compete application.

You will not qualify for a BOWP since you have visitor status.