Work while waiting on PGWP. Please help!

[yumirdci]

I have a dilemma. I applied for the PGWP at the end of August. I haven't worked since I have completed my program. I recently travelled to the U.S. to see my family and was admitted back to Canada based on my Study Permit and student visa because both of them are still valid. Now this link clearly indicates that a person can work while waiting on the PGWP http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15

However, the following link says that if you travelled outside Canada "You can’t work until you get your post-graduation work permit." http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1309&top=15

I am confused if I can work or not? I found a job but don't know if it is safe to start or better to wait for the PGWP. Can someone explain please?

 

[canuck_in_uk]

I have a dilemma. I applied for the PGWP at the end of August. I haven't worked since I have completed my program. I recently travelled to the U.S. to see my family and was admitted back to Canada based on my Study Permit and student visa because both of them are still valid. Now this link clearly indicates that a person can work while waiting on the PGWP http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15

However, the following link says that if you travelled outside Canada "You can’t work until you get your post-graduation work permit." http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1309&top=15

I am confused if I can work or not? I found a job but don't know if it is safe to start or better to wait for the PGWP. Can someone explain please?

You left Canada, so you lost the Implied Status that would have allowed you to work. As clearly stated on the website, you can't work until you receive your PGWP.

 

[canuck_in_uk]

Thank you. So what is my status now? Visitor? Even though I have valid Study Permit and it hasn't even been 90 days since I've completed my program.

Yes, you are considered a visitor.

 

[scylla]

So I just called CIC (which I should've probably done at the first place) and it turns out that I am still considered a student. And I can work full time no questions asked until the decision is made...if you don't have a valid status upon returning to Canada then you would be considered a visitor.

I would be very careful. The help desk gives out massively wrong information all of the time. So absolutely no guarantee they are right.

 

[yumirdci]

It's not a dilemma, as everyone has said it's very clear. As per CIC's instructions:

A temporary resident with implied status who has left Canada may be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.
They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.
​

The important point is, why did you not apply for the PGWP at a Port of Entry (PoE) while heading back to Canada?! As per CIC's instructions:

A temporary resident with implied status who has left Canada may be allowed to apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.​

You are citing wrong information. This only applies if a person went out of status while waiting for the work permit.

 

[yumirdci]

Please read again!

Here is the source: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Well if you read this http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1309&top=15
it says that "You may enter as student if your study permit is still valid" which happened in my case.

 

[yumirdci]

Listen my friend, I know that you don't like it and you were hoping to get the answer you want. Unfortunately, this will not be the case here. You were advices that you shouldn't work since you have left Canada before the decision on your application. At the end, you are free to choose to follow or to ignore it if you are not convinced. It's your decision not mine or any other member in this forum. Good Luck!

I already got my answer by calling CIC as well as asking this question the border officer directly. And the answer was completely the opposite from yours. I just wanted to double check on the forum and hopefully get an answer from people who might have faced the same situation. But instead I realised that the majority of people don't know what they are advising here on the forum. But thanks for trying. I alpreciate it...

 

[canuck_in_uk]

I already got my answer by calling CIC as well as asking this question the border officer directly. And the answer was completely the opposite from yours. I just wanted to double check on the forum and hopefully get an answer from people who might have faced the same situation. But instead I realised that the majority of people don't know what they are advising here on the forum. But thanks for trying. I alpreciate it...

The call centre provides wrong information all of the time. You left Canada and lost your Implied Status. Don't be stupid and work illegally, especially if you ever plan to apply for PR.

 

[yumirdci]

The call centre provides wrong information all of the time. You left Canada and lost your Implied Status. Don't be stupid and work illegally, especially if you ever plan to apply for PR.

You guys keep talking about implied status. Implied status is when the previous status expires!...."A person can legally remain in Canada under implied status if their previous permit for temporary stay has expired, but their application for a new permit is underway. Implied status permits the individual, and his or her family if applicable, to continue living in Canada under the conditions of the expired permit until a decision is made on the application."

 

[Wonderland_1010]

You guys keep talking about implied status. Implied status is when the previous status expires!...."A person can legally remain in Canada under implied status if their previous permit for temporary stay has expired, but their application for a new permit is underway. Implied status permits the individual, and his or her family if applicable, to continue living in Canada under the conditions of the expired permit until a decision is made on the application."

Implied status doesn't only apply to applicants that have expired permits, it also applies to those that have valid status but is waiting for a decision for their applications. In your case, you have a study permit but you are no longer attending school. Yes you could have worked while waiting for your PGWP but since you left the country, that no longer applies to you.

Think of it as this way, you are changing status from student to worker now. You are applying for a different kind of permit and implied status gave you a chance to work full time using a study permit after applying for PGWP if you didn't leave the country. That's one of the benefits of implied status to international students.

Example when someone is converting from a work permit to study permit, he/she cannot attend school until their study permit has approved even though they have implied status.

 

[yumirdci]

Implied status doesn't only apply to applicants that have expired permits, it also applies to those that have valid status but is waiting for a decision for their applications. In your case, you have a study permit but you are no longer attending school. Yes you could have worked while waiting for your PGWP but since you left the country, that no longer applies to you.

Think of it as this way, you are changing status from student to worker now. You are applying for a different kind of permit and implied status gave you a chance to work full time using a study permit after applying for PGWP if you didn't leave the country. That's one of the benefits of implied status to international students.

Example when someone is converting from a work permit to study permit, he/she cannot attend school until their study permit has approved even though they have implied status.

In my case Study permit is what gives me the chance to work not the implied status. Even though I have completed my program I am still considered a student thus following rules of my study permit. Once my study permit expires, I will be on implied status provided I won't get the work permit by then. Again, this is what both CIC help line as well as CBSA officer told me. Think of it this way - if I changed my mind and decided to extend study permit - I can still legally do this because I still have a student status.

 

[canuck_in_uk]

In my case Study permit is what gives me the chance to work not the implied status. Even though I have completed my program I am still considered a student thus following rules of my study permit. Once my study permit expires, I will be on implied status provided I won't get the work permit by then. Again, this is what both CIC help line as well as CBSA officer told me. Think of it this way - if I changed my mind and decided to extend study permit - I can still legally do this because I still have a student status.

Students can work while studying and during scheduled breaks. You are done studying and you are not on a scheduled break, so your study permit does NOT grant you the right to work anymore.

Anyways, the choice is yours.