Open work Permit Question

[cal31]

HI Everyone

I'm getting married to my Canadian partner next year in jan/feb and my temporary work visa expires in March 2018.

I would like to know to know can I get my open work permit within the same month that I get married? And can I continue working for the same employer? I have been working for the government for over a year. I'm contracted out to work for them through a Canadian based recruitment agency.

My main question is will the open work permit let me continue working as a contractor for the same employer once I get it? or is their rules and other things I should know about.

Ive read different things on the CIC website and it really confuses me.

 

[scylla]

No - you won't be able to get an open work permit the same month you get married. Simply marrying a Canadian does not entitle you to an open work permit.

To qualify for an open work permit, once you are married, your spouse needs to submit an inland sponsorship application and include an open work permit in the application package. The open work permit will be approved approximately four months after the complete application package is received.

 

[cal31]

No - you won't be able to get an open work permit the same month you get married. Simply marrying a Canadian does not entitle you to an open work permit.

To qualify for an open work permit, once you are married, your spouse needs to submit an inland sponsorship application and include an open work permit in the application package. The open work permit will be approved approximately four months after the complete application package is received.

So what do I do come March when my work visa expires? Is the only thing I can do apply for an extension or do I have other options? I obviously want to continue working for the same employer.

Thank you so much for your help.

 

[scylla]

What kind of a work permit do you have? PGWP? LMIA based? IEC/Working Holiday Visa program? Something else?

 

[cal31]

its the IEC one. Im also over the cutoff age now. which was 30/31 im going to be 33 next week. im not sure if that prevents me from extending it too. Although I haven't read anything about age limit cutoffs.

 

[scylla]

Unfortunately there's no implied status with IECs. So even if you've applied for a new work permit before your IEC expires - you need to stop working until your new work permit is approved. If you want to continue working without interruption - your new work permit needs to be approved and in-hand BEFORE your IEC expires.

I only see one option for that given you are on contract. Get married now and get the inland sponsorship application in asap with the open work permit application. Sometimes the OWPs are taking four months to be processed but sometimes it's shorter. With any luck, you'll have the approved OWP before your IEC expires.

Otherwise you'll need to stop working between the time your IEC expires and your new work permit is approved.

 

[cal31]

Thanks again for your reply. I truly appreciate your help. Did you think I can extend my IEC work visa for 6 more months? my contract ends this December but i know they will renew and I can also get a letter from them saying they will keep me on for a further 6 months. I was planning to submit this in dec or jan. Do you think I will be successful?

 

[scylla]

Thanks again for your reply. I truly appreciate your help. Did you think I can extend my IEC work visa for 6 more months? my contract ends this December but i know they will renew and I can also get a letter from them saying they will keep me on for a further 6 months. I was planning to submit this in dec or jan. Do you think I will be successful?

No - you cannot extend your IEC with letter. Definitely not possible and it will definitely result in refusal (which will then put you out of status in Canada).

Your employer would need to obtain an approved LMIA (typically a 4-6 month process) so that you can then apply for a closed work permit tied to that specific role. You are very short on time to attempt the LMIA path and most employers aren't willing to go through the expense / effort / paperwork.

 

[cal31]

I have just read it takes up to a year for the spousal sponsorship application which you reffered to? Is this correct? I thought you said up to 4 months.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=354&top=14

 

[scylla]

I have just read it takes up to a year for the spousal sponsorship application which you reffered to? Is this correct? I thought you said up to 4 months.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=354&top=14

Again, you need to spend more time researching and reading.

I did not say the spousal sponsorship process takes four months. I said that the issuance of the OWP would take four months if you apply for spousal sponsorship using the inland process and include an OWP with the application.