Re: Eligibility / Permit to work when waiting for receiving Open Work Permits (OWP) for Hong Kong recent graduates

[lauyy246.ca]

Hello!

I have recently graduated from DLI in Canada, and I am applying for OWP for recently Hong Kong graduate. IRCC has acknowledged my application and granted a "maintained status" to stay in Canada.

May I ask if I am eligible to work as full-time / part-time during the time of waiting for IRCC approval?

I am a bit confused as:
- some information from IRCC states it is only eligible to work if you are applying for PGWP, but I also find some info stating it covers "work permits or PGWP", given that you have submitted your application before your study permit expires for both case.
- refer to Immigration and Refugee Protection Regulations Section 186 (w): "A foreign national may work in Canada without a work permit," ... "if they are or were the holder of a study permit who has completed their program of study and" -
(i) they met the requirements set out in paragraph (v), and
(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.

See if anyone know and can give me some advice. If it is not permitted to work during waiting, does it mean these applicants (including me) can only wait inland and do nothing to sustain themselves for 3 - 6 months or even longer?

Thank you very much.

 

[Simba112]

Hello!

I have recently graduated from DLI in Canada, and I am applying for OWP for recently Hong Kong graduate. IRCC has acknowledged my application and granted a "maintained status" to stay in Canada.

May I ask if I am eligible to work as full-time / part-time during the time of waiting for IRCC approval?

I am a bit confused as:
- some information from IRCC states it is only eligible to work if you are applying for PGWP, but I also find some info stating it covers "work permits or PGWP", given that you have submitted your application before your study permit expires for both case.
- refer to Immigration and Refugee Protection Regulations Section 186 (w): "A foreign national may work in Canada without a work permit," ... "if they are or were the holder of a study permit who has completed their program of study and" -
(i) they met the requirements set out in paragraph (v), and
(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.

See if anyone know and can give me some advice. If it is not permitted to work during waiting, does it mean these applicants (including me) can only wait inland and do nothing to sustain themselves for 3 - 6 months or even longer?

Thank you very much.

186 (u) allows you to continue working full time as long as you submitted your application before expiry of your permit

https://www.canada.ca/en/immigratio...-work-without-work-permit-implied-status.html

 

[lauyy246.ca]

186 (u) allows you to continue working full time as long as you submitted your application before expiry of your permit

https://www.canada.ca/en/immigratio...-work-without-work-permit-implied-status.html

Thank you for your kind reply.

As I am a student permit (SP) holder instead of a work permit (WP) holder, the condition of 186(u) may not fit on situation. On the other hand, do you think 186(w) can cover my situation? Since I am applying for a new OWP without holding any current WP (I have SP only).

Also, for the "work permit" mentioned in 186(w)(ii), do it apply for any type of work permit or only specifically for PGWP?

Thank you very much?

 

[Simba112]

Thank you for your kind reply.

As I am a student permit (SP) holder instead of a work permit (WP) holder, the condition of 186(u) may not fit on situation. On the other hand, do you think 186(w) can cover my situation? Since I am applying for a new OWP without holding any current WP (I have SP only).

Also, for the "work permit" mentioned in 186(w)(ii), do it apply for any type of work permit or only specifically for PGWP?

Thank you very much?

They are both Permits (SP or WP), 186 u applies to both as long as it is valid