I applied for a post-graduation work permit two months ago. Current processing times seem to be between four and five months, while my study permit expires at the end of this month. So there will be some time where I do not have a valid immigration document and have to rely on implied status.
I already started working, and I have two trips planned (one to the US and one to Japan) that would likely fall in this period. I know that implied status is typically granted by paragraph 186(u) of the Immigration and Refugee Protection Regulations, which specifies that the person may not leave Canada (emphasis mine):
- 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;
However, implied status for post-graduation work permits seems to fall under paragraph 186(w) instead:
- A foreign national may work in Canada without a work permit
(w) 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.
This paragraph makes no mention of remaining in Canada.
While waiting for my post-graduate work permit, am I allowed to work under implied status after leaving and returning to Canada?