BC PNP Application - Ties to Canada

[joek]

Hi, I have a question that hopefully some of you can answer.

I am about to apply for PNP and I am thinking about attaching some additional information to the "Ability to become economically established" section.

I am almost 12 months cohabiting with a Canadian citizen, we furnished an apartment together and went on multiple family trips together outside of Canada. Does anyone think it will have a negative or positive effect on my PNP application?

The reason I am confused about this is,

On the plus side - As well as being in full time employment, I see it as successfully integrating into the Canadian economy.

and on a minus side - The might not see me as having enough ties to my country of origin if my PNP application was to be refused.

Any suggestions would be greatly appreciated,

Thank you

 

[anser0131]

Hi, I have a question that hopefully some of you can answer.

I am about to apply for PNP and I am thinking about attaching some additional information to the "Ability to become economically established" section.

I am almost 12 months cohabiting with a Canadian citizen, we furnished an apartment together and went on multiple family trips together outside of Canada. Does anyone think it will have a negative or positive effect on my PNP application?

The reason I am confused about this is,

On the plus side - As well as being in full time employment, I see it as successfully integrating into the Canadian economy.

and on a minus side - The might not see me as having enough ties to my country of origin if my PNP application was to be refused.

Any suggestions would be greatly appreciated,

Thank you

Honestly, they don't care. They pay minimal attention to your spouse/common law because BCPNP is employer driven(if you are under the strategic occupation stream). Moreover, as you mentioned "Ability to become economically established" section, they only care you are making enough money to support yourself(or your family).

 

[computergeek]

and on a minus side - The might not see me as having enough ties to my country of origin if my PNP application was to be refused.

I suspect it won't hurt your application to include that information, but generally PNP applications move through quickly no matter what you say - you've already got an approved company's blessing, the province says they want you, so CIC tends to move them through quickly (I know someone who was refused FSW for excessive demand medical inadmissibility but was approved PNP with the same medical condition, for example.)

If you are refused for PNP, you'll have cohabitated with your partner for a year and will qualify for sponsored spousal PR. If you are on a work permit now, you can apply for a new work permit ("open work permit") as part of an Inland PR application and are generally allowed to continue working under the old work permit until the new one is approved or refused (R186(u) - "implied status"). Once your sponsor is approved you'd qualify for an open work permit anyway.

So it seems you're in a good position either way. PNP would be unconditional PR, while spouse/partner would be conditional (2 year relationship requirement) so you are still better off with the PNP PR.

 

[joek]

Thanks for the useful info computergeek,

One more question..

If I had the open work permit and I was on implied status and my pnp was refused for whatever reason, would my permit cease right away or would I get any grace period to submit a common law application or continue working for a period of time?

I won't be eligible to apply for common law till August and would be expecting to hear from my pnp at least a month beforehand, if it was refused could I apply for another wp extension or an additional open permit in order for me to make a common law application?

Thanks in advance

 

[computergeek]

One more question..

If I had the open work permit and I was on implied status and my pnp was refused for whatever reason, would my permit cease right away or would I get any grace period to submit a common law application or continue working for a period of time?

I hope I didn't confuse you.

I've read that BC PNP does offer a 2 year open work permit in some circumstances, but I'm not sure it applies in your particular case. In that instance, the work permit is good for two years (based upon what I've been reading).

For inland spousal/partner sponsorship, once your sponsor (partner/spouse) is approved and thus you are eligible for permanent residency, you are also eligible for an open work permit. If you submitted an open work permit application with the PR application, they generally issue the open work permit at the same time as the "approval in principle" letter. In that case, the open work permit is generally good for 1-2 years and is renewable until a decision is made on the PR application.

Is there some reason you think a PNP nomination application would be refused? Or is this a "what if" scenario? Because PNP nominations have a fairly low refusal rate.

I'm assuming you are on some sort of work permit now. You always have the option to apply for an extension of that work permit; my understanding is that with a PNP approval, you would normally be able to obtain a new work permit fairly easily (e.g., without an LMO). But worst case, your employer can obtain an LMO for your position and you can apply for a work permit extension.

Of course, some of this also depends upon the timelines here. Let's say your current work permit expires on August 16, 2013 and you become eligible for common-law sponsorship on August 14, 2013. If you submit your application to CIC for inland sponsorship on August 15, 2013 and include an application for an open work permit then your work permit remains in force until they make a decision on your new work permit application (again, this is pursuant to IRPR Section 186(u) or "R186(u)" and can thus continue working for your current employer.

But let's suppose the time is a bit different: your work permit expires on August 5, 013 and you qualify for common law on August 6, 2013 - then you

I hope that's clearer.

 

[joek]

Thanks for your reply,

I don't think I will be refused PNP but I'm just looking at other options just incase. I am on an IEC (International Experience Canada) work permit now that expires at the end of April. I will be sending my BC PNP application at the beginning of February but I just needed to know the whole process of keeping a valid wp over the PNP process. It will be likely that I will have to extend my current wp before I hear back from PNP (Get nominated). So if I apply to extend it 30 days before it expires it will mean that I will be on implied status and be able to work until I hear back about my PNP nomination??

So if that is the case, if I get the nomination cert do I have to apply for another wp to cover the duration of the processing?

My apologies for all the confusion, I seem to be getting different advice wherever I look,

Thanks =)

 

[computergeek]

I don't think I will be refused PNP but I'm just looking at other options just incase. I am on an IEC (International Experience Canada) work permit now that expires at the end of April. I will be sending my BC PNP application at the beginning of February but I just needed to know the whole process of keeping a valid wp over the PNP process. It will be likely that I will have to extend my current wp before I hear back from PNP (Get nominated). So if I apply to extend it 30 days before it expires it will mean that I will be on implied status and be able to work until I hear back about my PNP nomination??

I wouldn't extend it 30 days in advance. I know that's what the CIC website recommends, but the law says your application must be received by CIC prior to the expiration of the previous work permit. In your specific situation, you are better off looking at the CIC website and submitting it via the slowest possible route - probably paper. Even if you know you're going to be refused (e.g., a request to renew your IEC application) it buys you additional time. Either you'll be allowed to apply for the CEC open WP by that time or your CEC might even be done.

I had something very similar happen to me. I applied for my renewed work permit in August 2012 - I didn't expect that my PR would come through for quite some time. At one point the processing time for a paper application reached almost 100 days. In my case it appears to have taken 80 days for them to get to my renewal. Between the time I applied and the time they finally got to my application I had become a permanent resident. I received a nice letter from them stating that I wasn't eligible for a work permit and thus they had not processed it. I also received a full refund of the application fee.

Buying yourself a little extra time isn't unreasonable in a situation like this.

Good luck, whichever advice you choose to follow. My suggestion is to go over the CIC website carefully. You should also familiarize yourself with FW-1 (on the CIC website) as that is the "Temporary Foreign Worker" manual that is used by CIC.

 

[joek]

Thanks again for taking the time to respond. I am on my 2nd IEC work permit and from my understanding it can't be extended. If I sent the PNP application by mail close to my wp expiration date do I automatically go onto implied status?