Urgent question, please help

[royarce]

Hello all,

There may be someone else having the same situation like me. I got the AINP nomination last year and sent the PR application and work under the implied status after the PGWP is expired. However, the CIC sent me the notification that my implied status after the PGWP was ended today. Also, I submitted the application for work permit but it hasn't gone through yet. My current employer, who signed the PNP documents for my case, urged and threaten me to work for him only because he can't hire anyone to replace my job in the time being. What can I do? Can I find a lawyer or workers' right group to help me out?

 

[Wonderland_1010]

Hello all,

There may be someone else having the same situation like me. I got the AINP nomination last year and sent the PR application and work under the implied status after the PGWP is expired. However, the CIC sent me the notification that my implied status after the PGWP was ended today. Also, I submitted the application for work permit but it hasn't gone through yet. My current employer, who signed the PNP documents for my case, urged and threaten me to work for him only because he can't hire anyone to replace my job in the time being. What can I do? Can I find a lawyer or workers' right group to help me out?

PR application and work permit application are two different applications. You do not gain implied status from PR application. You must have submitted a work permit application before your PGWP had expired to be under implied status.

So since you are now under restoration, you cannot work for your employer since you no longer have valid status and processing time for restoration work permit can be 1 to 3 months approximately.

You have to explain to your employer that you don't have valid status to work for him and if forced to work, not only you will be in trouble but with his business as well.

 

[royarce]

Thanks for your reply. Actually I should have added that I applied for an extension of PGWP (which is surely will be refused) as an extension of implied status before the PGWP expires.

Now my employer is not issuing me payroll since he is not allowed to, are there any lawyers or workers aid group that I can contact for assistance?

 

[Buletruck]

Contact labour standards in the province you are in. Employers can not withhold earning from employees. He has to pay you. Right now he is worried about the trouble he will get into having employed someone who wasn’t eligible to work. He’s allowed to do payroll, but may face penalties for doing so.

 

[royarce]

Thank you guys for help. He threatened me for cancel the PR application at his own. Can I file up a complain if he do so?

 

[Wonderland_1010]

Thanks for your reply. Actually I should have added that I applied for an extension of PGWP (which is surely will be refused) as an extension of implied status before the PGWP expires.

Now my employer is not issuing me payroll since he is not allowed to, are there any lawyers or workers aid group that I can contact for assistance?

Thank you guys for help. He threatened me for cancel the PR application at his own. Can I file up a complain if he do so?

I am confused by the statement "an extension of PGWP". So you applied for extension of PGWP before its had expired and now that that your PGWP has expired, your extension has been refused as well? Just so you know, any work done under the extension of PGWP is illegal because first of all, PGWP is only a once in a life time permit so submitting an extension for a PGWP is considered incomplete application which in the eyes of CIC, they know you are trying to buy time to remain in Canada so any work done during the period of applying for an extension and receiving a refusal is considered illegal.

Unless you were issued a PGWP which limits the duration based on your passport expiration date then that is a whole different thing.

Now in regards to your employer, he must issue any payroll for the work you done because employer labour standards mandate it. If he doesn't want to then contact your nearest labour department and have them contact your employer. Also you have said that you applied for PR under PNP, does your PNP has employment restrictions? If yes, then maybe upsetting your employer would be a bad thing because it will also jeopardize your PNP and PR application. If not, then just don't work for that employer and look for a new job.

 

[royarce]

Thanks for advise and help. Is that mean the CIC or the employer can cancel the PNP nomination and PR application?

 

[royarce]

Thanks for all reply. Just get the work permit restored and called the CIC that the PR application is still in progress. Is that mean I can carry on with this PR application I have with the new work permit?