Can I travel back to Canada on imminently expiring work permit? (strange situation)

[maverickss]

It's kind of a strange situation, I'm currently working from Canada on an employer-specific work permit and it is going to expire in February 2021 along with the W-1 category visa, i.e both work permit and W-1 visa will expire in February 2021. And, my passport is going to expire in August 2021. In addition, I also have a B-1 category visa valid until August 2021, i.e valid until the passport expires.

I got to know, because of the Covid situation the work permit applications are taking approximately 6 months to process, is it true?

Now, my work permit renewal application is already submitted a couple of days ago (in January) from within Canada and I can continue working from Canada as per the new Covid rules even if the work permit expires but the thing is I have to travel to my home country at the end of March and I cannot postpone it. Now, in order to get back to Canada to work, even if I somehow get hold of the renewed work permit by July 2021 it'll only be valid until August since my passport expires in August 2021.

I was wondering, to avoid this situation if I put an application to renew my passport and get the work permit renewal application updated with the new passport information: Will I be permitted to travel back and work in Canada on my B-1 visa (which is on my old passport) after I get my work permit let's say somewhere in July or do I have to apply for a new visa again for the new passport?

What if, instead of the above, I do not apply for the new passport, get the renewed work permit by July (thinking optimistically) and travel to Canada in July with both the work permit and passport imminently expiring in August and apply to renew both once I reach Canada, will I be allowed to travel in this case?

Are there any other better options that'll help in traveling back? Really looking forward to some help!

 

[@trigger]

Few related scaenarios are listed here.. Take time, read through it, and clarify further with other member and IRCC..

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=190&top=17

 

[maverickss]

Few related scaenarios are listed here.. Take time, read through it, and clarify further with other member and IRCC..

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=190&top=17

Thanks for getting back. I was not able to find anything on cic that's why posted my questions here.

 

[sahilarora2003]

It's kind of a strange situation, I'm currently working from Canada on an employer-specific work permit and it is going to expire in February 2021 along with the W-1 category visa, i.e both work permit and W-1 visa will expire in February 2021. And, my passport is going to expire in August 2021. In addition, I also have a B-1 category visa valid until August 2021, i.e valid until the passport expires.

I got to know, because of the Covid situation the work permit applications are taking approximately 6 months to process, is it true?

Now, my work permit renewal application is already submitted a couple of days ago (in January) from within Canada and I can continue working from Canada as per the new Covid rules even if the work permit expires but the thing is I have to travel to my home country at the end of March and I cannot postpone it. Now, in order to get back to Canada to work, even if I somehow get hold of the renewed work permit by July 2021 it'll only be valid until August since my passport expires in August 2021.

I was wondering, to avoid this situation if I put an application to renew my passport and get the work permit renewal application updated with the new passport information: Will I be permitted to travel back and work in Canada on my B-1 visa (which is on my old passport) after I get my work permit let's say somewhere in July or do I have to apply for a new visa again for the new passport?

What if, instead of the above, I do not apply for the new passport, get the renewed work permit by July (thinking optimistically) and travel to Canada in July with both the work permit and passport imminently expiring in August and apply to renew both once I reach Canada, will I be allowed to travel in this case?

Are there any other better options that'll help in traveling back? Really looking forward to some help!

First of all the general processing time to process work permit application extension from inside Canada is 94 Days.

https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html

Secondly As you said your work visa will be expiring next month i.e. Feburary 2021 and your business visa will expire alongwith the expiry of your passport i.e. August 2021.

As you mentioned above, you have already applied for work permit extension within Canada, you are allowed to work with the same conditions and same employer until a decision will be made on your application. It simply means that you can work legally and will not lose status until the decision made on your application but if you leave Canada( as you said you have to ), the implied status will no longer be valid and you will not be able to return to Canada during these travel restrictions with your old passport because the validity is less than six months. We have no idea on how long these restrictions will be in place.

Secondly if you get your work permit extension approval before July 2021 which is likely to happen, you can come back to Canada before the expiry of your new work permit extension which will be August 2021 with new passport because the passport should be valid for 6 months minimum before you can travel back to Canada. Just carry both passports and travel to Canada.

When you come back here, apply for extension again with new passport and get it approved. I know it is a bit complicated situation but as you cannot avoid the travel, considering your circumstances, this is the only option for you.

I hope it helps.

 

[maverickss]

First of all the general processing time to process work permit application extension from inside Canada is 94 Days.

https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html

Secondly As you said your work visa will be expiring next month i.e. Feburary 2021 and your business visa will expire alongwith the expiry of your passport i.e. August 2021.

As you mentioned above, you have already applied for work permit extension within Canada, you are allowed to work with the same conditions and same employer until a decision will be made on your application. It simply means that you can work legally and will not lose status until the decision made on your application but if you leave Canada( as you said you have to ), the implied status will no longer be valid and you will not be able to return to Canada during these travel restrictions with your old passport because the validity is less than six months. We have no idea on how long these restrictions will be in place.

Secondly if you get your work permit extension approval before July 2021 which is likely to happen, you can come back to Canada before the expiry of your new work permit extension which will be August 2021 with new passport because the passport should be valid for 6 months minimum before you can travel back to Canada. Just carry both passports and travel to Canada.

When you come back here, apply for extension again with new passport and get it approved. I know it is a bit complicated situation but as you cannot avoid the travel, considering your circumstances, this is the only option for you.

I hope it helps.

Hi Sahil,

Thank you for a detailed reply. Regarding the minimum 6 months passport validity for travel, I read in one of the answers on travel[dot]stackexchange[dot]com that Canada does not have such kind of a requirement, do you know if that has changed? Regardless I'll be applying for a new passport via tatkal service tomorrow, Monday.

 

[sahilarora2003]

Hi Sahil,

Thank you for a detailed reply. Regarding the minimum 6 months passport validity for travel, I read in one of the answers on travel[dot]stackexchange[dot]com that Canada does not have such kind of a requirement, do you know if that has changed? Regardless I'll be applying for a new passport via tatkal service tomorrow, Monday.

As per my knowledge, Your passport should be valid for minimum of 6 months because you will be travelling to Canada on TRV but admitted as a Worker. Workers are temporary residents.

I don't think it's worth taking a risk in my view.

I hope it helps.

 

[maverickss]

As per my knowledge, Your passport should be valid for minimum of 6 months because you will be travelling to Canada on TRV but admitted as a Worker. Workers are temporary residents.

I don't think it's worth taking a risk in my view.

I hope it helps.

Thank you for getting back quickly. Yes, that's true, not worth taking a risk.
One last question, will I be able to travel back to Canada on the B-1 visa stamped on my old passport - expiring in August, or will I have to apply for a new visa after I get the new passport?

 

[sahilarora2003]

Thank you for getting back quickly. Yes, that's true, not worth taking a risk.
One last question, will I be able to travel back to Canada on the B-1 visa stamped on my old passport - expiring in August, or will I have to apply for a new visa after I get the new passport?

If restrictions will be in place at the time you travel, then No. otherwise all good but you need a new passport as well. Just carry both passports and you are good to go.

I hope it helps

 

[@trigger]

Thank you for getting back quickly. Yes, that's true, not worth taking a risk.
One last question, will I be able to travel back to Canada on the B-1 visa stamped on my old passport - expiring in August, or will I have to apply for a new visa after I get the new passport?

As long as visa is valid on the old passport, you can travel with both passports. IRCC also clarified similar case on twitter

https://twitter.com/x/status/946410004537663490

 

[canuck78]

As long as visa is valid on the old passport, you can travel with both passports. IRCC also clarified similar case on twitter

https://twitter.com/x/status/946410004537663490

Still valid but not going to allow OP to travel to Canada in his/her situation based on travel restrictions.

 

[maverickss]

Still valid but not going to allow OP to travel to Canada in his/her situation based on travel restrictions.

If restrictions will be in place at the time you travel, then No. otherwise all good but you need a new passport as well. Just carry both passports and you are good to go.

I hope it helps

That's a bummer! So I won't be able to travel back because of the restrictions and I'll have to start the work permit and work visa application all over again?

 

[sahilarora2003]

That's a bummer! So I won't be able to travel back because of the restrictions and I'll have to start the work permit and work visa application all over again?

I have already answered your question, if you are asking me too.

Yes, As i stated above.