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Can I stay in Canada when my visa expires but the work permit is still valid?

nilamsavani

Full Member
Nov 2, 2019
33
1
Hi all,

If anyone has any idea then please respond to my question.

Currently, I have Post Graduation Work Permit and my husband is with me based on a dependent visa and his work permit expires on 31st March, 2020.

Yesterday we applied to extend his work permit. Now the question is when we check processing time: will it be work permit (inside canada) or work permit extension? It is mentioned that you have to choose work permit extension if you are applying for Post Graduate Work Permit.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi all,

If anyone has any idea then please respond to my question.

Currently, I have Post Graduation Work Permit and my husband is with me based on a dependent visa and his work permit expires on 31st March, 2020.

Yesterday we applied to extend his work permit. Now the question is when we check processing time: will it be work permit (inside canada) or work permit extension? It is mentioned that you have to choose work permit extension if you are applying for Post Graduate Work Permit.
Extension.

Did you include proof of a skilled job and 3 payslips?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Ok. yes, I did. If it is an extension then my husband may get his work permit in mid-march and his visa is expiring on 31st March. It will be difficult for us to renew his visa.
It won't be difficult. It would just mean having to wait a bit longer for a new TRV to be approved.
 

nilamsavani

Full Member
Nov 2, 2019
33
1

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Got another question @canuck_in_uk. If you have any idea then what is the difference between Work Permit (inside Canada) and Work Permit extension?

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html#inside

in my case, it is extension because my husband's TRV is less than 6 months?
Again, the TRV has nothing to do with status.

It is an extension because he already has a work permit and is applying for another work permit.
 

nilamsavani

Full Member
Nov 2, 2019
33
1
Hi all,

I have doubts about staying in Canada even if your visa is expired but you have a valid work permit. I might end up in this situation as I applied for my work permit yesterday and the current processing time is approximately 4 months and my visa is expiring on 31st March.

I read the question on CIC: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=442 and it stated that
"If the officer stamps your passport and writes a date under that stamp. You must leave Canada by that date " and I have 31st march, 2020 on my passport.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi all,

I have doubts about staying in Canada even if your visa is expired but you have a valid work permit. I might end up in this situation as I applied for my work permit yesterday and the current processing time is approximately 4 months and my visa is expiring on 31st March.

I read the question on CIC: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=442 and it stated that
"If the officer stamps your passport and writes a date under that stamp. You must leave Canada by that date " and I have 31st march, 2020 on my passport.
I don't know how many times I need to say it. The validity of a TRV has NOTHING to do with status in Canada. It is a stamp in the passport that allows a person to board a commercial carrier to travel to Canada. Status is granted by CBSA at the border. It is perfectly legal to be in Canada with valid status and an expired TRV, just as a person who fails to maintain their status can have a valid TRV but be in Canada illegally.

The stamp refers to his work permit validity. As long as he applies to extend his status, he is fine to stay.
 

nilamsavani

Full Member
Nov 2, 2019
33
1
I don't know how many times I need to say it. The validity of a TRV has NOTHING to do with status in Canada. It is a stamp in the passport that allows a person to board a commercial carrier to travel to Canada. Status is granted by CBSA at the border. It is perfectly legal to be in Canada with valid status and an expired TRV, just as a person who fails to maintain their status can have a valid TRV but be in Canada illegally.

The stamp refers to his work permit validity. As long as he applies to extend his status, he is fine to stay.
sorry for making you angry. I understand your point. Thank you for your quick response.