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Change condition to status as visitor to look for work

Rockologist

Star Member
Jan 15, 2018
94
6
I've been in Canada since 2012, first on a study permit, then a PGWP, and following the expiry of that, another year on a NAFTA permit that expires in a week. My employer has chosen not to extend my contract, so I won't be extending my work permit obviously. I had an EE profile in, but was unable to get enough CRS points for an ITA, and after the year it expired. I currently do not have a new profile in but had planned on submitting one so that I'd be able to go through the inland process were I to have to return to the US.

I'm in a relationship with a Canadian citizen, but not common-law. I'm mentally prepared to return to the US, if it comes to that although I haven't purchased a flight yet. I have no ties to the US as far as work, real estate or other financial ties, although I do have family. My honest reasons for seeking to change the conditions of my work permit are to stay in status while a) I look for work (I had expected my contract to be renewed), but on the condition that I would leave within a short time frame if nothing was available, b) deal with closing out my ties here (banking, etc) and all other responsibilities involved with moving from a country I've been living in for 7 years, c) spend more time with my girlfriend to explore.

When submitting my form IMM 5708, I'd like to be honest. Is looking for work after my employment contract expired a valid reason or is that something that would be suspect to my intentions to stay in Canada in order to possibly apply for PR in the future? I'm obviously not totally ready to end my time here just yet, although I've not made any decisions on whether I plan to fully immigrate or not.
Any thoughts are appreciated.
 

Rockologist

Star Member
Jan 15, 2018
94
6
Which province are you in? Your best bet right now is to leave Canada and seek re-entry after 6 months or so. Your intention clearly is to live and work in Canada which works against the visitor status request.
How many years of Canadian work experience do you have? Based on the information you have provided, I am really surprised you never received an ITA.
I'm in BC. The majority of my work here constitutes PT, as I've worked in the non-profit arts sector. When tallied, it's more than enough tpo have qualified for EE, but because of age factors, foreign work not counting, my job offer last year not being counted when I updated my profile for reasons IRCC couldn't explain, I never got an ITA and my EE expired, wasn't eligible for a BC PNP because of the size of the organization I was working for.
 

Rockologist

Star Member
Jan 15, 2018
94
6
Damn. You can certainly try to apply for a visitor Visa but chances of such an approval are fairly low. These are some pointers for you to consider:
1. Leave Canada at the end of authorized stay and seek re-entry at least 6 months later.
2. For spousal sponsorship, you need common law so maybe invite them to live down in the states with you for 12 months.
3. You should immediately create an EE profile.
4. If you are flexible to moving to Atlantic Canada, explore AIPP.
5. If you apply for a visitor Visa from inside Canada which gets refused, it will form part of your immigration history and can affect future temporary residence applications.
for sure.
so if i were being honest in that i have been trying for PR, if I overstayed looking for work, got an offer and applied to restore my status as a worker with the new job offer, WITHIN m 90 day window, is that any different or better? it seems so much of the info from CIC suggests this is a situation that they have a contingency for, and I wouldn't work unless I had a new permit. I had a lawyer who suggested that, since the loss of my current job was really due to my foreign status...or would restoring status only work for a new permit with the same job?

this system is so much more confusing than it should be, which I suspect is the point.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I've been in Canada since 2012, first on a study permit, then a PGWP, and following the expiry of that, another year on a NAFTA permit that expires in a week. My employer has chosen not to extend my contract, so I won't be extending my work permit obviously. I had an EE profile in, but was unable to get enough CRS points for an ITA, and after the year it expired. I currently do not have a new profile in but had planned on submitting one so that I'd be able to go through the inland process were I to have to return to the US.

I'm in a relationship with a Canadian citizen, but not common-law. I'm mentally prepared to return to the US, if it comes to that although I haven't purchased a flight yet. I have no ties to the US as far as work, real estate or other financial ties, although I do have family. My honest reasons for seeking to change the conditions of my work permit are to stay in status while a) I look for work (I had expected my contract to be renewed), but on the condition that I would leave within a short time frame if nothing was available, b) deal with closing out my ties here (banking, etc) and all other responsibilities involved with moving from a country I've been living in for 7 years, c) spend more time with my girlfriend to explore.

When submitting my form IMM 5708, I'd like to be honest. Is looking for work after my employment contract expired a valid reason or is that something that would be suspect to my intentions to stay in Canada in order to possibly apply for PR in the future? I'm obviously not totally ready to end my time here just yet, although I've not made any decisions on whether I plan to fully immigrate or not.
Any thoughts are appreciated.
If you and your girlfriend are serious, apply to change your status to visitor and state that you are becoming common-law with your Canadian partner to apply for sponsorship. If you want to be really serious, pay the full $1040 sponsorship fees and include the receipt. As long as you have proof of funds to support your extended stay, you should have no issues.