This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Can I Work in Canada with Implied Status on a PGWP?

Question from Tamna, Can I Work in Canada with Implied Status on a PGWP?

Answer from AI:

If you’re considering applying for a Post-Graduation Work Permit (PGWP) from outside of Canada, it’s important to understand the concept of implied status and how it applies to your ability to work in Canada upon re-entry. Implied status is a term used in Canadian immigration law that allows individuals to continue the activities they were already engaged in under the same conditions pending a decision on their application for extension or change of status.

Understanding Implied Status

Implied status comes into effect when a foreign national in Canada applies to extend their stay before their current status expires. As long as the application is submitted before the expiration of their current permit or visa, they are legally allowed to remain in Canada and continue working or studying under the same conditions of their original permit until a decision is made. This is what is referred to as “implied status.”

Applying for PGWP from Outside Canada

When you apply for a PGWP from outside Canada, the situation is different. Implied status typically does not apply because you are not extending a permit but rather applying for a new one. Therefore, you cannot benefit from implied status upon re-entering Canada because you would be entering on a new permit, not extending the previous one.

Working in Canada After Applying for PGWP

  • If you apply for a PGWP from outside of Canada, you must wait for the permit to be approved before you can start working in Canada.
  • Once you receive your PGWP, you can enter Canada and work for any employer for the duration of the permit.
  • If you enter Canada as a visitor while your PGWP application is in process, you are not allowed to work until your work permit is approved and issued.

Steps to Take

  1. Apply for your PGWP after graduating from a designated learning institution, ensuring you meet all the eligibility criteria.
  2. Wait for the decision on your PGWP application before attempting to work in Canada.
  3. Once approved, make arrangements to travel to Canada and begin your employment.

Legal Advice and Resources

It’s important to note that immigration laws and policies can be complex and subject to change. For personalized advice and the most current information, it’s recommended to consult with a legal professional or a regulated Canadian immigration consultant. They can provide guidance tailored to your specific situation.

For more information on the PGWP and its requirements, you can visit the Government of Canada’s official page on the topic.

Remember, while implied status can allow some individuals to continue working while waiting for a decision on their application within Canada, it does not apply to those applying for a new work permit from outside of Canada. Always ensure you have the correct authorization to work in Canada to avoid any legal complications.

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