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Work while waiting for OWP?

leb

Full Member
Oct 22, 2015
34
8
Hi all,

this question might asked from other people in this forum, but I am not sure is the same situation as mine.

Anyways, I am currently waiting for my OWP( sent Feb 20 2017) and my PGWP is going to expire on April 20 2017. After the PGWP expires can I keep working while I'm in implied status?

Quote from CIC website " If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category."

PGWP is also an Open work permit, base on the definition from cic will I fit in this category?


many thanks !!
 

Ponga

VIP Member
Oct 22, 2013
10,104
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Are you applying for Inland sponsorship and have included the OWP with your application? If so, read on.

This question gets asked fairly often around here and the overwhelming answers have been...No, a PGWP holder cannot continue to work if s/he has applied for the OWP that is available for an Inland spousal sponsorship applicant, because:

This seems to be the important part:
you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category."


1. A PGWP cannot be extended with this type of OWP.

2. You have in fact applied to extend your stay under a different category. Applying for PR is another category, right?

This is, IMHO, a very slippery slope! Search this forum and you'll see what I'm talking about.

Good luck!
 

leb

Full Member
Oct 22, 2015
34
8
Ponga said:
Are you applying for Inland sponsorship and have included the OWP with your application? If so, read on.

This question gets asked fairly often around here and the overwhelming answers have been...No, a PGWP holder cannot continue to work if s/he has applied for the OWP that is available for an Inland spousal sponsorship applicant, because:

This seems to be the important part:
you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category."


1. A PGWP cannot be extended with this type of OWP.

2. You have in fact applied to extend your stay under a different category. Applying for PR is another category, right?

This is, IMHO, a very slippery slope! Search this forum and you'll see what I'm talking about.

Good luck!
Yes, I applied the inland sponsorship. But I sent the OWP separately, sponsorship (OCT2016) and OWP (FEB2017).

I called IRCC call centre and the lady said "under another category" is mean different kind of permit (e.g. study or visitor permit), PGWP is still a work permit and is in the same category. But I read so much about different agent gives different answer. I will call them tomorrow and ask the same question, hopefully I will have the same answer from them.
 

Ponga

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Oct 22, 2013
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This is why this is such a slippery slope.

Since the PGWP cannot be extended, how does the OWP (that you only qualify for by have an Inland application submitted) change that?

Here's a thread that might be worth having a look at:
http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

The Call Centre operators are notorious for making mistakes, especially in areas such as this!
 

Rob_TO

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leb said:
Quote from CIC website " If you applied for another work permit

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application unless you have applied to extend your stay under another category."
You are not applying to extend your PGWP. You are applying for an entirely new OWP under family class PR program, that is not related at all to PGWP program.
 

leb

Full Member
Oct 22, 2015
34
8
Ponga said:
This is why this is such a slippery slope.

Since the PGWP cannot be extended, how does the OWP (that you only qualify for by have an Inland application submitted) change that?

Here's a thread that might be worth having a look at:
http://www.canadavisa.com/canada-immigration-discussion-board/apply-inland-after-iec-expire-keep-working-and-now-aip-refuse-t163087.0.html

The Call Centre operators are notorious for making mistakes, especially in areas such as this!
orz.. thanks for the link...it helped me understand more my situation right now. What the call cetnre did completly a scam.... giving people misleading information.

If that's the case, am I still legal remaining in Canada while waiting for the OWP?


Rob_TO said:
You are not applying to extend your PGWP. You are applying for an entirely new OWP under family class PR program, that is not related at all to PGWP program.
If this is the case, in IMM5710 Q3 I am apply for one or more of the following: I clicked * A work permit with the same employer. Is it the right selection?
 

Ponga

VIP Member
Oct 22, 2013
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leb said:
orz.. thanks for the link...it helped me understand more my situation right now. What the call cetnre did completly a scam.... giving people misleading information.

If that's the case, am I still legal remaining in Canada while waiting for the OWP?


If this is the case, in IMM5710 Q3 I am apply for one or more of the following: I clicked * A work permit with the same employer. Is it the right selection?
Yes, you have Implied Status to remain in Canada as a visitor.

You should choose a new, or initial work permit and list employer as unknown.
 

leb

Full Member
Oct 22, 2015
34
8
Ponga said:
Yes, you have Implied Status to remain in Canada as a visitor.

You should choose a new, or initial work permit and list employer as unknown.
okay.. I picked "A work permit with the same employer".. instead of " An initial work permit or a work permit with a new employer".. Should I send IRCC Web form to clarify or correct..?
 

sk21

Member
Jun 9, 2017
18
16
My husband was attending a university in Eastern Canada until last year (he has a study permit). We were engaged for 6 years and wished to get married, so he transferred to a technical school here in the west for an 8 month certificate program in his field (great program). We didnt let the CIC know as his study permit extension says DLI and doesnt specify (his original permit has the first university's name). He was offered a job right after he finished and has been working there for 2 months. We are applying for OWP and PR. His study permit expires on July 31.
1. Should we declare his employer on his OWP? Write them down as potential employer? Or keep employer as unknown?
2. Will he be allowed to continue working while we wait for OWP after his study permit expires?
3. Should we include a letter of explanation about his employment status?
4. Should we include a letter of explanation about his study program changes?
5. Is there anything we need to do to ensure he is legally allowed to stay in Canada after July 31?
6. Is there anything we can do to ensure he is legally allowed to work in Canada after July 31?

Any replies ASAP would be much appreciated!!