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Can I work legally in Canada while waiting inland for PR approval?

S

squirrel

Full Member
Jun 3, 2009
25
1
VANCOUVER
Job Offer........
Pre-Assessed..
Hello everybody,

I would be grateful for your advice. I am currently on visitor visa and I have just lodged my PR application based on spousal sponsorship inland in Vancouver - my husband is Canadian. We all know how long it takes to get things approved.
My question is - Can I work during these long waiting months and contribute to our family budget? What are my options? Can I apply for work permit or else? what would be the easiest and the best way?

Thanks in advance for all your time.


Best,

Maria
 
When you sent in your inland application, you could have sent with it an application for an open work permit to be issued at your first stage approval. If you have your file number already, I suppose you can send it now and ask for it to be added to your file. Getting the first stage approval takes 5-6 months and then you will get your open work permit. Until then, you can not work.
 
Leon, thank you for a quick response. Just to clarify things - as I understand I cannot lodge "separate" application for work permit as, let's say foreign, worker, so it can be processed quicker while application for PR is on waiting list. It all has to go together? On the other note - how long it takes to process application for open work permit? is it the same long procedure as for PR?

Thanks again!

Maria
 
If you wanted to apply for a work permit as a temporary foreign worker, you would a) have to have a job offer b) with a positive LMO and c) prove to Canada immigration that you will leave Canada when your work permit expires. So even if you can get a) and b) covered, c) would be almost impossible since you are applying for PR and obviously not about to be leaving Canada.

The open work permit you qualify for as an inland spouse at first stage approval is processed alongside your first stage approval and if you had sent them together, you would have gotten your work permit at the same time you would get your first stage approval. If you send it in to be added to your file as soon as you have your file number, you may get it at the same time. If you wait for your first stage approval to apply for a work permit, it may take a couple of months to process.
 
Leon said:
The open work permit you qualify for as an inland spouse at first stage approval is processed alongside your first stage approval and if you had sent them together, you would have gotten your work permit at the same time you would get your first stage approval. If you send it in to be added to your file as soon as you have your file number, you may get it at the same time. If you wait for your first stage approval to apply for a work permit, it may take a couple of months to process.
Click to expand...

Thank you Leon, (this is really helpful forum because of the people like you) - I will take your advice and will lodge my application for the open work permit as well, so they will add it to the file. One thing confuses me - what form I should print out from CIC page? Seems to me that all forms are for the applications with job offers. - standard ones for people who apply for work permits. Is there any "special" form for people who are applying as spouses? The last thing I want to do is to send in wrong paperwork. Maybe you can help?

Thanks again!

Maria
 
Use this form: http://www.cic.gc.ca/english/information/applications/visitor.asp for change of conditions. Check C for initial work permit and in "D - My Request - 10" write that you would like to be issued an open work permit when your PR application reaches first stage approval. Write your file number in there.
 
squirrel said:
Leon, thank you for a quick response. Just to clarify things - as I understand I cannot lodge "separate" application for work permit as, let's say foreign, worker, so it can be processed quicker while application for PR is on waiting list. It all has to go together? On the other note - how long it takes to process application for open work permit? is it the same long procedure as for PR?

Thanks again!

Maria
Click to expand...

You could file a separate application for a restricted work permit, but that involves finding an employer willing to hire you who can get authorization to hire a foreign national - which involves the employer proving that there are no qualified Canadian applicants. If that all went well, then you'd have to use the job offer to apply to Immigration Canada (through your home embassy) for a restricted work permit. All in all, that would take longer to do than just waiting for first stage approval of your inland PR application. Problem is, though: you didn't include an extension application, with the work permit option, WITH your inland PR ap - and you needed to do that not only to be eligible for a work permit as soon as your case is assessed for first stage approval, but to protect your temporary status and keep it current (like you're required to do). Hopefully you have documented, still valid temporary status in Canada AND your application has not been opened yet to assess for first stage approval (they're currently assessing applications received through Jan 27, 2009) or you're going to experience delays in the processing of your inland PR application because they'll ship your application to your local CIC office for special processing and it will sit in a queue until the aps ahead of it are processed. Some local offices are backlogged for up to two years!!!

If you do have documented status, you should immediately (before the temporary status expires) send an extension application to CPC-Vegreville, checking the box for "initial work permit" and paying the $150 fee. Send with the application proof of your current temporary status . . . and give CPC-Vegreville as much information as you can to identify your inland PR application so they can match up the extension application with the inland PR ap. Your best form of identification is your client ID# off your temporary status document because that ID# follows you throughout the application process. Write across the top of the extension application, "INLAND APPLICATION FILED ON DD/MM/YYYY - OPEN WORK PERMIT APPLICATION - TO BE PROCESSED ONLY AFTER APPROVAL IN PRINCIPLE".

If you currently have documented proof of your temporary status, CPC-Vegreville should be able to match your inland PR ap and your extension application - and once they finish finalizing the first stage of assessment and they grant you Approval in Principle (AIP), they then will automatically issue you an open work permit. You can't work until you have that permit.
 
Thank you so much for all information. I am amazed that some of you manage to find time and help us, newbies. I don't think many people are able to figure out many things themselves, especially the ones who deal with the immigration for the first time. This forum helped me heaps so far. I will get on my papers tomorrow, thanks to You and Leon!

(I can't wait to get to work!)

All the best,

Maria
 
I feel a bit ridiculous that I am unable to find the link for an open work permit application to add to our Inland Sponsorship. Do we need an LMO? Do we fill out the "from outside of Canada one" and for that form write Not applicable as we are applying from inside Canada?

or use Application to Change my conditions, Extend my stay or remain in Canada as a Visitor? (IMM 5558)
I can't seem to figure it out and would love your expertise!
Thanks
 
There is no special form to apply for an open work permit. When I posted the link above in 2009, you could use the change of conditions visitor form and check work permit but now they have changed that form so you can not use it for a work permit any more. Instead, you can use the form to change conditions for worker at http://www.cic.gc.ca/english/information/applications/extend-worker.asp Just check "work permit new employer" at the top of page 1 and on page 3 in 1a) you can pick open work permit and in b) you can write "open work permit requested upon first stage approval".
 
I thought once the first stage of the application is approved, I will be able to work or study here. But now that I think about it, it doesn't make sense.

So it's true that I won't be able to work until I get my PR status (unless open work permit request is submitted along with the application).

Can anyone please verify this and help out this newbie :)?

Thanks!
 
freshman said:
I thought once the first stage of the application is approved, I will be able to work or study here. But now that I think about it, it doesn't make sense.

So it's true that I won't be able to work until I get my PR status (unless open work permit request is submitted along with the application).

Can anyone please verify this and help out this newbie :)?

Thanks!
Click to expand...

to clarify:

If you applied inland, and submitted a request for Open Work Permit together with your application, once the first stage is approved (AIP) then they usually give you a work permit as well - provided that you sent the request of course.

If you're applying outland, but staying in Canada in the meantime (on a tourist/student etc visa) then you won't be able to work until you are granted PR and land as a PR.

If you are in Canada, and applied outland, and currently don't have a work permit linked to your status, the only option is to apply for a separate work permit (finding an employer who will do the LMO for you etc). If you're from the US, there is one more option available (try searching for Nafta on this forum).

Good luck,
Sweden
 
Hi to everyone! Your discussions have been very useful for me so firstly I'd like to thank you.

Secondly, I am currently applying for PR (spouse sponsorship - my husband is a Canadian citizen) and I also want to apply for the open work permit. Having read your advice, I started filling in the 5710E form. I don't have a job offer and I hope I understood ok from you that - as spouse of a Canadian citizen - I can apply without a job offer. Nevertheless I cannot validate the PDF because I can't leave those questions blank. What should I do about this? Did I understood ok - can I apply without a job offer in these circumstances? Should I just put dashes?

I'm almost done with my forms & etc. for the spouse sponsorship. Should I put them (spouse sponsorship & OWP application) in the same envelope when sending? Is it ok if I use 2 sheet protectors .. and if so I read on some other forum that I should specify on the OWP application something like this: "Not to be processed until first stage approval". Is that correct?

Thank you very much for your help, I really appreciate your time and kindness!
 
You got it! ... just keep writing... N/A. and unknown until it will validate! That's what I was advised too.

Yes... Put everything in the same envelope with the letter stating, Please do not process until Sponsor is AIP... or something of the like.

Sheet Protectors are a but annoying.. but i am sure they won't hold it against you... We did the lil sticky tabs that easily come off. Avoid staples! GOOD LUCK!!!
 
Thanks a lot! I really hope it'll work 'cause I need to go to work here as soon as possible ;) I'm not used to just not doing anything!
 
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