Urgent help needed: PR filing while waiting for WorkPermit Extension

[shalineeb80]

Hi Experts,

I am in urgent need of your suggestions.
My work permit was expired a couple of months ago and the extension was filed prior to that, So I'm currently on implied status. Current processing time shows 183 days, so in that case I dont' expect to receive my WP extension before Dec2020. But when I filed for extension, processing times were lower and I was expecting to receive it in September and on that basis I submitted my Express entry profile and received the invitation.

Now, do you think I shall go ahead and file for PR before I receive my extension approval/ or shall I wait to get the extension approval and reject this invite and later try to obtain another invite ??

My worry is - I was reading about this Dual intent - which is legitimate in principle but often doesn't work and IRCC tends to reject temporary visa applications, which in my case would be my extension rejection, so that way I will be out of status, given the fact that I'm already on implied status.

Please advise what do you think, is there a chance that my work permit extension will be impacted if I file for PR (I already have an invite, so I guess they anyway know that I want to apply for PR).

Thank you !!

 

[shalineeb80]

Hi all, any kind of help here would be highly appreciated. Please advise.

 

[apprajapati]

Hi all, any kind of help here would be highly appreciated. Please advise.

So If I am understanding this correctly, then you are under implied status, so currently you can work full time until the decision is made on your application. Now since you have received an ITA for PR, congrats for that. You should go ahead and apply for PR. You can apply for bridging work permit, check the eligibility in your CIC account after you apply for PR.

Second thing you can do is mention that you have received an ITA in your work permit extension, which I believe would they will automatically give you bridging work permit or atleast increase the likelyhood of approval, but just inform. There's nothing to worry about. I think you can start working full time while waiting on your PR application.

 

[maxmeomeo]

This is a tricky situation, I recommend you talk with immigration consultants / lawyers to have a better advice. I dont think any of us can give you an assurance. Dont risk your future. Pay some $ and get some peace of mind

 

[apprajapati]

This is a tricky situation, I recommend you talk with immigration consultants / lawyers to have a better advice. I dont think any of us can give you an assurance. Dont risk your future. Pay some $ and get some peace of mind

To be honest, It is not a tricky situation, every immigration officer knows people apply for work permit extension to buy some time to stay in Canada because of implied status. It has a chance of 100% rejection unless you have LMIA, so wihout LMIA, they know you as an application just want to buy some time. Another thing is that duel intent is perfectly legitimate, and since she has an ITA, she can apply for PR, and if it passes completeness check then can apply for Bridging open work permit, which I think they will do automatically if you attach and send them documents of completeness check.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[Jesu_18ss]

To be honest, It is not a tricky situation, every immigration officer knows people apply for work permit extension to buy some time to stay in Canada because of implied status. It has a chance of 100% rejection unless you have LMIA, so wihout LMIA, they know you as an application just want to buy some time. Another thing is that duel intent is perfectly legitimate, and since she has an ITA, she can apply for PR, and if it passes completeness check then can apply for Bridging open work permit, which I think they will do automatically if you attach and send them documents of completeness check.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

But in @shalineeb80 case, her work permit is expired. ( i guess she must have valid work permit ) - Correct me if i am wrong

Who can apply for a BOWP
To be eligible, you must:

• live in Canada (Quebec not included)
• have a valid work permit that expires in 4 months or less
• be the principal applicant on your permanent residence application
• have submitted a complete application for permanent residence and passed the completeness check
• have your acknowledgement of receipt letter
  • we send this letter to your account after we get your permanent residence application

 

[apprajapati]

But in @shalineeb80 case, her work permit is expired. ( i guess she must have valid work permit ) - Correct me if i am wrong

Who can apply for a BOWP
To be eligible, you must:

• live in Canada (Quebec not included)
• have a valid work permit that expires in 4 months or less
• be the principal applicant on your permanent residence application
• have submitted a complete application for permanent residence and passed the completeness check
• have your acknowledgement of receipt letter
  • we send this letter to your account after we get your permanent residence application

She is on implied status, she is a legal worker until the decision is made on her application.

 

[Jesu_18ss]

She is on implied status, she is a valid worker until the decision is made on her application.

Yes, she has legal valid status but she doesn't have valid work permit

• have a valid work permit that expires in 4 months or less

 

[apprajapati]

Yes, she has legal valid status but she doesn't have valid work permit

• have a valid work permit that expires in 4 months or less

Yes like I said before, this condition is satisfied if she passes completeness check on her PR application, which could take maximum 2 months, before the refusal letter which will take 3 months and may be more given current situation.

I would apply for PR and once I pass completeness check, just inform or update my extension application mentioning I have PR application that has passed completeness check, they will automatically give bridging work permit.

With that being said, if you are scared or uncertain, then one should go to a lawyer. I am sure they will advise the same because these are very common situations. I understand your point, and the condition you mentioned could raise some uncertainty.

A person also has another option, if work permit extension is refused, then she has 90 days to restore the status which she can apply for visitor extension record with duel intent that I would like to extend my stay as a visitor until the decision is made on my PR application. It will be approved 100%. So she should apply for PR because it won't have any impact on her work permit application,

 

[Jesu_18ss]

Yes like I said before, this condition is satisfied if she passes completeness check on her PR application, which could take maximum 2 months, before the refusal letter which will take 3 months and may be more given current situation.

I would apply for PR and once I pass completeness check, just inform or update my extension application mentioning I have PR application that has passed completeness check, they will automatically give bridging work permit.

With that being said, if you are scared or uncertain, then one should go to a lawyer. I am sure they will advise the same because these are very common situations. I understand your point, and the condition you mentioned could raise some uncertainty.

A person also has another option, if work permit extension is refused, then she has 90 days to restore the status which she can apply for visitor extension record with duel intent that I would like to extend my stay as a visitor until the decision is made on my PR application. It will be approved 100%. So she should apply for PR because it won't have any impact on her work permit application,

Thanks a lot for the information.
I learned something new today.

@shalineeb80 i guess u have enough info to take a call.

 

[MAIL2SUNDAREEE]

Please advise what do you think, is there a chance that my work permit extension will be impacted if I file for PR (I already have an invite, so I guess they anyway know that I want to apply for PR).

I applied both 'Work Permit Extension' and 'PR application' together.
I got WP Extension within 3 months. and few days later, I got my PR approved.

You can apply both at the same time. no impact on each other. IRCC can see both your applications.

WP/BOWP scenario:
If we have the option of applying (normal open/closed)WorkPermit, go for it. Dont apply for BOWP
In case the PR application is rejected, BOWP also will be rejected. but 'Work Permit Extension' may not be rejected.

 

[shalineeb80]

To be honest, It is not a tricky situation, every immigration officer knows people apply for work permit extension to buy some time to stay in Canada because of implied status. It has a chance of 100% rejection unless you have LMIA, so wihout LMIA, they know you as an application just want to buy some time. Another thing is that duel intent is perfectly legitimate, and since she has an ITA, she can apply for PR, and if it passes completeness check then can apply for Bridging open work permit, which I think they will do automatically if you attach and send them documents of completeness check.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

Thanks for your responses and guidance. My extension application is genuine and not just to buy time. I'm here on employer specific LMIA exempted work permit and my employer itself has submitted my extension application, so I don't really expect any rejection reason unless assessing officer gets biased after seeing my parallel PR application. So that's why I asked experts' thoughts on this platform that whether I shall submit PR application or not since extension application was already submitted a couple of months ago.
I am also in touch with a lawyer and asked my queries but yet to hear from him.

 

[vinniechandak]

Hello @shalineeb80 I am on the same boat. Can you please keep posting the updates here? I haven't applied for PR yet but planning to apply for PR in upcoming weeks and my open work permit expires next month.

@apprajapati , @Jesu_18ss and @MAIL2SUNDAREEE what do you guys suggest ? Shall I apply open work permit extension and PR together. My CRS is 452. What happens if I don't get ITA by next month and my work permit extension application is in progress?

 

[MAIL2SUNDAREEE]

Shall I apply open work permit extension and PR together. My CRS is 452. What happens if I don't get ITA by next month and my work permit extension application is in progress?

yes you can go ahead and apply for OWP extension.
As said said above,
I applied both 'Work Permit Extension'(Feb 2020) and 'PR application'(Jan 2020) together.
I got WP Extension within 3 months.(May 2020) and few days later, I got my PR approved(June 2020).
I didn't get Visa stamping since I got my PR approved.

Both(OWP/PR) are independent.
If you get both WP extension and PR approval together, you dont need to do Visa Stamping.
If you see delay in PR process and if you want to go to your home country, you can get Visa stamping.

 

[vinniechandak]

Thanks a ton for your quick response @MAIL2SUNDAREEE . Much appreciated.