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Work Experience During Implied Status

YoungJC

Star Member
Feb 16, 2013
90
6
Category........
Visa Office......
Ottawa
NOC Code......
1312
Job Offer........
Pre-Assessed..
App. Filed.......
05-04-2013
AOR Received.
15-05-2013
Med's Request
07-02-2014
Med's Done....
12-02-2014
Passport Req..
03/03/2014
VISA ISSUED...
03/26/2014
LANDED..........
03/31/2014
ellamavanseyal said:
Hi

i just found this old topic. Is there any one within the thread (who applied for PR under CEC, while they were on work permit implied status)got their PR. Please share in your experience. I am on the same scenario, i have just filed for my PR under CEC and my 1 yr experience includes my work experience during implied status
I get the feeling the reason the other applicant's application was refused was because he didn't show enough proof he was on implied status, i.e a rejection letter. If you look at the operation manual for CEC, which is the guideline VO's should use when deciding on applications, it states "Note: An applicant under the CEC does not need to hold a work permit. Applicants who are authorized to work in Canada under R186 are eligible to apply under the CEC, but must provide documentation with their application establishing that they had legal temporary status in Canada (e.g. a visitor record)"

R186 in the Immigration and Refugee Protection Regulations that was referred to states "186. A foreign national may work in Canada without a work permit.... (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date".

I believe the key thing is to prove you were on implied status with either a copy of your new work permit or a refusal letter.

Cheers
 

new_guy

Hero Member
Nov 14, 2013
366
19
Brampton
YoungJC said:
I get the feeling the reason the other applicant's application was refused was because he didn't show enough proof he was on implied status, i.e a rejection letter. If you look at the operation manual for CEC, which is the guideline VO's should use when deciding on applications, it states "Note: An applicant under the CEC does not need to hold a work permit. Applicants who are authorized to work in Canada under R186 are eligible to apply under the CEC, but must provide documentation with their application establishing that they had legal temporary status in Canada (e.g. a visitor record)"

R186 in the Immigration and Refugee Protection Regulations that was referred to states "186. A foreign national may work in Canada without a work permit.... (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date".

I believe the key thing is to prove you were on implied status with either a copy of your new work permit or a refusal letter.

Cheers

YoungJC
awesome share...

Applied for PGWP: Nov 8 2012
Off-Campus WP expired on: 30 Nov 2012
PGWP Received: 19 Dec 2013
Job Started: Nov 26 2012 (Finished my 1 year yesterday if you count implied status)

So according to above, I have some 23 days gap in my PGWP and my job start date.. and as per the research I did, that will be counted as implied state because I applied for PGWP before my off-campus expired... correct?

I can count this 23 odd days as my CEC work experience correct?
 

YoungJC

Star Member
Feb 16, 2013
90
6
Category........
Visa Office......
Ottawa
NOC Code......
1312
Job Offer........
Pre-Assessed..
App. Filed.......
05-04-2013
AOR Received.
15-05-2013
Med's Request
07-02-2014
Med's Done....
12-02-2014
Passport Req..
03/03/2014
VISA ISSUED...
03/26/2014
LANDED..........
03/31/2014
new_guy said:

YoungJC
awesome share...

Applied for PGWP: Nov 8 2012
Off-Campus WP expired on: 30 Nov 2012
PGWP Received: 19 Dec 2013
Job Started: Nov 26 2012 (Finished my 1 year yesterday if you count implied status)

So according to above, I have some 23 days gap in my PGWP and my job start date.. and as per the research I did, that will be counted as implied state because I applied for PGWP before my off-campus expired... correct?

I can count this 23 odd days as my CEC work experience correct?
In this case, I don't believe implied status will count towards your total hours required. You were on implied status on your off campus WP so, although you were allowed to work, experience gained may not be counted. I believe your off campus work permit expires at the same time as your study permit.
under 87.1 of the immigration and refugee regulation, it states (a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;. Even if you were not studying, just cus you had a study permit may be an issue. You'd have to prove you were not in school. I'd suggest you wait another month just to avoid issues
 

ellamavanseyal

Full Member
Aug 22, 2013
33
0
I was never a student. I applied for WP extension before my WP expired and eventually my extension got approved 4 months after i had applied. I didnt send my OLD WP with my application. Just sent my new WP. However the problem is on my OLD WP (2010 till 2011), the client name is mentioned on it instead of my employer. Do you think this will be a problem. along with my application i have sent a reference letter both from my employer and client
 

mramakrishnan

Newbie
Jun 19, 2017
3
0
Applied for PGWP: Jun 25 2016
Off-Campus WP/Study Permit expired on: 20 Jan 2017
PGWP Received: 27 Jul 2016
Job Started: May 4 2016 (Finishing my 1 year by this weekend, when I calculate it from the date I applied PGWP)

Will I have any problems in my one year work experience. Will that be counted.

Thanks,
Manoj
 

Mjkab

Hero Member
Aug 29, 2016
320
55
Applied for PGWP: Jun 25 2016
Off-Campus WP/Study Permit expired on: 20 Jan 2017
PGWP Received: 27 Jul 2016
Job Started: May 4 2016 (Finishing my 1 year by this weekend, when I calculate it from the date I applied PGWP)

Will I have any problems in my one year work experience. Will that be counted.

Thanks,
Manoj
implied status work experience must be counted so far I know!
 
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jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Applied for PGWP: Jun 25 2016
Off-Campus WP/Study Permit expired on: 20 Jan 2017
PGWP Received: 27 Jul 2016
Job Started: May 4 2016 (Finishing my 1 year by this weekend, when I calculate it from the date I applied PGWP)

Will I have any problems in my one year work experience. Will that be counted.
When did you graduate?
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
I completed my program in Apr 2016.

This is ambiguous, does not really answer the question.

There are 2 dates (dd/mm/yyyy, full date) you can use that mark the end of your student status (regardless of the expiry date on your study permit):
1) Date of graduation (marked on your degree/diploma).
2) Last day of the final semester of enrollment.

As long as you were authorized for off-campus work, and your job started after your student status ended, your work counts. But since VOs often simply look at the start date on the PGWP, it is good to write a letter of explanation indicating the end of your student status, and that you were authorized to work while waiting for your PGWP (include proof of the date that you graduated/end of semester).
 

JinandMango

Star Member
Jan 18, 2017
156
77
AOR Received.
19-01-2018
Med's Done....
06-02-2018
Hey folks, I just called CIC and they said the work experience counts from the date you've received your PGWP. However, it seems like some people actually get PR using the "implied status work experience" Is this just a mistake by whoever reviewed applications?
Can I give it a shot with the implied status work expereince? If I get rejected, am I going to be banned or something?
 

Eetsirc_20

Full Member
Aug 19, 2015
28
0
Hey folks, I just called CIC and they said the work experience counts from the date you've received your PGWP. However, it seems like some people actually get PR using the "implied status work experience" Is this just a mistake by whoever reviewed applications?
Can I give it a shot with the implied status work expereince? If I get rejected, am I going to be banned or something?
Hi..

I just want to ask, did you include your work experience during implied status (after graduation and after you applied for PGWP)?