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Restoration of status - after PGWP extension refused - restored to visitor?

Deedee1994

Newbie
Jul 21, 2016
2
0
Hey guys,

So I did not finish my 1560 hours in one year of my PGWP so to buy more time applied for a PGWP extension without LMIA. I worked on implied status and got the hours to apply for PR. I applied for EE with 425 points on August 8, 2017.

I got an email from CIC on Oct 3 saying that they don't think my employment is beneficial to canadians and that a PGWP is once per course only. They also said I have to apply for restoration of status. I will be doing that soon but my question is - Can I apply for a visitor status instead of a work or a study permit?

AND

Do I have a good chance of getting an ITA with a 425 EE score?

Thanks for your time.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
A few things...

1) You cannot count the hours after your PGWP expired as work experience towards immigration. This is because you applied for an extension when you didn't qualify for one.
2) I assume you stopped working as soon as your extension was refused on October 3rd.
3) Yes - you are now in Canada without status and need to apply to restore your status. Yes - you should restore to visitor. You cannot restore to a work permit unless you have a job offer and approved LMIA.
4) Yes - there is some chance you may be selected with 425 point as long as you're not including any work experience you gained after your PGWP expired. Note that you don't just need 1560 hours of work experience - you also need at least 52 weeks of work experience where you worked a minimum of 30 hours each. Make sure your calculations are correct and you haven't counted any ineligible work experience.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
Hey guys,

So I did not finish my 1560 hours in one year of my PGWP so to buy more time applied for a PGWP extension without LMIA. I worked on implied status and got the hours to apply for PR. I applied for EE with 425 points on August 8, 2017.

I got an email from CIC on Oct 3 saying that they don't think my employment is beneficial to canadians and that a PGWP is once per course only. They also said I have to apply for restoration of status. I will be doing that soon but my question is - Can I apply for a visitor status instead of a work or a study permit?

AND

Do I have a good chance of getting an ITA with a 425 EE score?

Thanks for your time.

Hey just letting you know that the hours you worked on implied status is not eligible and illegal because you submitted incomplete application and CIC will consider as the application was never received so technically you was working without status Check your refusal letter for last date of valid status

See link

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

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

ZackKar

Full Member
Nov 10, 2020
33
1
Hey guys,

So I did not finish my 1560 hours in one year of my PGWP so to buy more time applied for a PGWP extension without LMIA. I worked on implied status and got the hours to apply for PR. I applied for EE with 425 points on August 8, 2017.

I got an email from CIC on Oct 3 saying that they don't think my employment is beneficial to canadians and that a PGWP is once per course only. They also said I have to apply for restoration of status. I will be doing that soon but my question is - Can I apply for a visitor status instead of a work or a study permit?

AND

Do I have a good chance of getting an ITA with a 425 EE score?

Thanks for your time.
Hey,
Hope everything went with you well.
I am at the exact same situation right now, my PGWP will be expired in two weeks and I still need 2 months to finish my one year experience. I want to apply for an extension without LMIA and keep working as an implied status although I know they will refuse it.
But I am really interested to know what happened with you after you got the rejection letter on the extension. Have you been able to count the work after the expiry towards your PR application? Did this somehow effect your application?

Please share your experience after that.
Thank you in advance.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hey,
Hope everything went with you well.
I am at the exact same situation right now, my PGWP will be expired in two weeks and I still need 2 months to finish my one year experience. I want to apply for an extension without LMIA and keep working as an implied status although I know they will refuse it.
But I am really interested to know what happened with you after you got the rejection letter on the extension. Have you been able to count the work after the expiry towards your PR application? Did this somehow effect your application?

Please share your experience after that.
Thank you in advance.
You will not be able to count this time as work experience towards PR. All this will do is allow you to remain working longer.
 

ZackKar

Full Member
Nov 10, 2020
33
1
You will not be able to count this time as work experience towards PR. All this will do is allow you to remain working longer.
Thanks for responding.

OK that's fine by me I don't want to count it toward my work experience. I just want to keep working and within this extra time I can change my status into Spouse open work permit depending on my wife's study permit ( I can't do this now cause she's not in Canada yet but she should be very soon) and then I can get the remaining of the one year experience.

I just want to make sure that if I do this it won't effect my PR application in the future.
What do you think?

Thank you again.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for responding.

OK that's fine by me I don't want to count it toward my work experience. I just want to keep working and within this extra time I can change my status into Spouse open work permit depending on my wife's study permit ( I can't do this now cause she's not in Canada yet but she should be very soon) and then I can get the remaining of the one year experience.

I just want to make sure that if I do this it won't effect my PR application in the future.
What do you think?

Thank you again.
At some point you will need to stop working for several months no matter what you do.

If you apply for the extension to your PGWP, then at some point that will be refused and you will then fall out of status in Canada. You will then need to stop working immediately and apply to restore your status to visitor which will take several months. Once your status is restored and assuming your wife is then in Canada, you would apply for the spousal open work permit.

Alternatively, you can apply to change your status to visitor instead of applying to extend your PGWP. You would then have to stop working once your PGWP expires. Once your wife is in Canada, you would then apply for a SOWP without having to apply to restore your status.
 

ZackKar

Full Member
Nov 10, 2020
33
1
At some point you will need to stop working for several months no matter what you do.

If you apply for the extension to your PGWP, then at some point that will be refused and you will then fall out of status in Canada. You will then need to stop working immediately and apply to restore your status to visitor which will take several months. Once your status is restored and assuming your wife is then in Canada, you would apply for the spousal open work permit.

Alternatively, you can apply to change your status to visitor instead of applying to extend your PGWP. You would then have to stop working once your PGWP expires. Once your wife is in Canada, you would then apply for a SOWP without having to apply to restore your status.
[/QUOTGr

Great I got you, but what if my wife came to Canada before I received the rejection on my PGWP extension? Do I still can apply for SOPW since I'm on implied status and have an application in process? I won't be out of status before I receive the rejection, right?
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You'll still end up out of status. If you are on implied status when you apply for the SOWP and the extension is refused, then the SOWP will be refused as well.
 

ZackKar

Full Member
Nov 10, 2020
33
1
I see what you're talking. Yeah I think the best choice here is to stop working when my PGWP expires and change my status to visitor and wait tell my wife comes here then apply immediately for a SOWP, after that I can continue working on a legally implied status and finish my one year experience.

Thanks for the help :)
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I see what you're talking. Yeah I think the best choice here is to stop working when my PGWP expires and change my status to visitor and wait tell my wife comes here then apply immediately for a SOWP, after that I can continue working on a legally implied status and finish my one year experience.

Thanks for the help :)
In order for you to have implied status and be able to keep working, the SOWP application MUST be submitted before your PGWP expires.

If the SOWP is submitted AFTER your PGWP expires and you apply to change your status to visitor, then you will have to stop working as soon as your PGWP expires. You then won't be able to start working again on implied status. You will have to wait until the SOWP is approved before you will be able to start working again.

Make sure you are very clear on the rules so that you don't end up working illegally.
 

ZackKar

Full Member
Nov 10, 2020
33
1
Why I have to wait until the SOWP is approved in order to work again?
I know that If there is a work permit application in process and the confirmation letter for applying has been received, I can work legally until a decision been made.