Question while using the physical presence calculator

[ceclmo777]

Question while using the physical presence calculator -
List time with Canadian temporary resident or protected person status

I was on a work permit for certain period between Oct 2012 and Sep 2013 but then during this time, I also filed for a work permit extension and waited for 3 months to receive it while I was still legally allowed to work in Canada. Should I mention this period while I was waiting for a new WP to be issued as a separate row in the calculator or just put one period against the type "Temporary Worker" right from Oct 2012 to Sep 2013?
Please advise.

 

[prontissimo]

I guess you don't have to under implied status:

Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada ( CIC ) decides on your new permit application.

Question while using the physical presence calculator -
List time with Canadian temporary resident or protected person status

I was on a work permit for certain period between Oct 2012 and Sep 2013 but then during this time, I also filed for a work permit extension and waited for 3 months to receive it while I was still legally allowed to work in Canada. Should I mention this period while I was waiting for a new WP to be issued as a separate row in the calculator or just put one period against the type "Temporary Worker" right from Oct 2012 to Sep 2013?
Please advise.

 

[ceclmo777]

I guess you don't have to under implied status:

Yes. You can stay in Canada, and may be able to keep working, under what's called implied status. That means the law implies you are a temporary resident. The implied status lasts until Citizenship and Immigration Canada ( CIC ) decides on your new permit application.

thank you for the response.

 

[prontissimo]

Any time. Anyone else having similar experience please also kindly comment.

thank you for the response.

 

[Niloos]

Hi Guys.
I was student (with study permit) even before the eligible time (before october 11, 2012) until the date of getting PR confirmation.
During the eligible times I had two study permits.
The first one was issued in 2011 and was valid till October 15, 2014.
The last one was issued on august 15, 2014.
1-Should I mentioned them separately in both the online calculator and the application form (Q.9.a)?
or just mention I was student from October 11, 2012 until my PR date?
2- Also for (Q.9.a) I should mention only "student" or I need to type student "(study permit)"?

 

[LoganWick]

Any time. Anyone else having similar experience please also kindly comment.

Hi

I have a similar case. I applied for a new work permit before the expiry of current one. I got the new permit 1.5 months after the expiry date of the old one. I had an implied status of temp worker for 1.5 month. I believe as it’s implied status and cic understand the rule we are not required to create a new specific entry for that 1.5 month. I can simply consider that 1.5 month as a part of the total time as temp worker.

Kindly share your thoughts.

 

[Juiceycow]

Hi

I have a similar case. I applied for a new work permit before the expiry of current one. I got the new permit 1.5 months after the expiry date of the old one. I had an implied status of temp worker for 1.5 month. I believe as it’s implied status and cic understand the rule we are not required to create a new specific entry for that 1.5 month. I can simply consider that 1.5 month as a part of the total time as temp worker.

Kindly share your thoughts.

I have the same situation ie gap between work permits, and was under "implied status".

Do you think under 9b, that I should list all permits (including a line for Implied Status) or just have 1 line, from start of first permit to PR date?

 

[ceclmo777]

I have the same situation ie gap between work permits, and was under "implied status".

Do you think under 9b, that I should list all permits (including a line for Implied Status) or just have 1 line, from start of first permit to PR date?

I just put in one line from the first time I got a WP and the end date of the last valid WP even if the end date was after my PR date.
Any thoughts anyone?

 

[Juiceycow]

I just put in one line from the first time I got a WP and the end date of the last valid WP even if the end date was after my PR date.
Any thoughts anyone?

Ha, so confusing.
Someone told me to just use the PR date as the last date (like yours, my WP also ended past the PR date). Their reasoning being that I was no longer "temporary worker"

 

[ceclmo777]

Ha, so confusing.
Someone told me to just use the PR date as the last date (like yours, my WP also ended past the PR date). Their reasoning being that I was no longer "temporary worker"

I think that makes sense...
I wish we had more input on this from others who already filed...

 

[LoganWick]

I have the same situation ie gap between work permits, and was under "implied status".

Do you think under 9b, that I should list all permits (including a line for Implied Status) or just have 1 line, from start of first permit to PR date?

Just one line as per opinion given out by people here and according to implied status defination from cic website.

 

[natk]

Ha, so confusing.
Someone told me to just use the PR date as the last date (like yours, my WP also ended past the PR date). Their reasoning being that I was no longer "temporary worker"

I did that same thing. I listed the date of getting PR as my last day of being a temporary worker. (my work permit was due to expire a year after I got PR.)

 

[LoganWick]

I did that same thing. I listed the date of getting PR as my last day of being a temporary worker. (my work permit was due to expire a year after I got PR.)

Lets say you became pr on august 1,2015 and your work permit was valid till july 2017. Would you put july 31,2015 as last day as worker or august 1,2015. On august 1, 2015 u did landing and became pr.

 

[natk]

Lets say you became pr on august 1,2015 and your work permit was valid till july 2017. Would you put july 31,2015 as last day as worker or august 1,2015. On august 1, 2015 u did landing and became pr.

I got PR on April 11, and I listed that date as the last date of my temporary worker. That's just personally what I did. I have read that other people put the day before they got PR as the last date for being a temporary worker, and I have read others have listed the end of their actual work permit.

 

[prontissimo]

From IRCC's Instruction Guide:

Temporary resident status includes lawful authorization to enter or remain in Canada as a:

• visitor,
• student,
• worker or,
• temporary resident permit holder

From IRCC's definition of implied status:

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, paragraph 186(u) and section 189 of the Immigration and Refugee Protection Regulations (IRPR) (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.​

Based on the texts in bold, my understanding is that your status as a temporary resident remains unchanged under implied status, and this temporary resident status, be it a visa student or a work permit holder, is an extension of your current status (since you were still holding on to the same piece of Study Permit or Work Permit document), and does not need to be reported separately as another entry.

I landed as a PR about 1.5 months after the expiry of my Work Permit. I filled in the form as follows:

• Status begin date: [beginning of my eligibility period, i.e. 2012-Oct-11]
• Status end date: [day before I landed as PR]

The reason I reported the day before landing, is that I took the clue from the Instruction Guide (or Help text) in the application form and paper-based calculator form. It says to account for any absences, do not count any day on which you are physically present in Canada. Since the day I landed marked the first day I became a PR, it was a logical deduction that the day before marks the last day of my previous temporary resident status.

Guys, if anyone of you has spoken to people of authority (CIC staff, lawyers, etc.) and was informed otherwise, please kindly clarify for everyone.

Cheers