Complex situation

[Di7bash]

Hi All,

I am in a bit of Dilemma because of my stupid procrastination.

I am Canadian graduate and I applied a month ago under the Canadian Experienced Class. My problem is that my Work permit expires in July and according to Canada Immigration website the processing time for this type of application can take up to 15 months..

So I was wondering if I have to leave the country before my work permit expires or am I entitled to stay if I have already applied?

The reason for my procrastination is that I am married to a permanent resident and she is dependent on me (she doesn't work because she goes to University full time so I am working and paying all the expenses and that is why I applied under the Canadian experienced class and not the marriage one) and based on my understanding is that in these cases they renew your work permit until a decision has been made on your application. Now my problem is that something came up and I am strongly considering divorce so I am not sure how will this impact my application and whether or not If we get divorced I will have to leave the country before the expiration of my work permit.


Please help!!!

Di7bash

 

[scylla]

The reason for my procrastination is that I am married to a permanent resident and she is dependent on me (she doesn't work because she goes to University full time so I am working and paying all the expenses and that is why I applied under the Canadian experienced class and not the marriage one) and based on my understanding is that in these cases they renew your work permit until a decision has been made on your application. Now my problem is that something came up and I am strongly considering divorce so I am not sure how will this impact my application and whether or not If we get divorced I will have to leave the country before the expiration of my work permit.

FYI - your wife doesn't have to be working to sponsor you through family class. She just can't be bankrupt or on social assistance (welfare).

 

[Singh07]

Hi All,

I am in a bit of Dilemma because of my stupid procrastination.

I am Canadian graduate and I applied a month ago under the Canadian Experienced Class. My problem is that my Work permit expires in July and according to Canada Immigration website the processing time for this type of application can take up to 15 months..

So I was wondering if I have to leave the country before my work permit expires or am I entitled to stay if I have already applied?

The reason for my procrastination is that I am married to a permanent resident and she is dependent on me (she doesn't work because she goes to University full time so I am working and paying all the expenses and that is why I applied under the Canadian experienced class and not the marriage one) and based on my understanding is that in these cases they renew your work permit until a decision has been made on your application. Now my problem is that something came up and I am strongly considering divorce so I am not sure how will this impact my application and whether or not If we get divorced I will have to leave the country before the expiration of my work permit.


Please help!!!

Di7bash

The other option is that you apply for PNP certificate which depends upon your job but if you get it, you can extend your work permit on the basis of that PNP certificate or get a LMO from your employer .These are the only 2 ways you can get your PGWP extended.

 

[AINP App]

Case 1 - get sponsored by your wife. You can then apply for a work permit on the basis of that.

Case 2 - you get divorced, and you haven't applied for PNP or LMO you must leave the country or move to Visitor Record, or Student Visa.

Case 3 - Apply for PNP. If you are in Sask, Manitoba or Alberta (not sure about BC) its free and on the basis of that extend your work permit to 2 years (closed work permit). PR through PNP is very fast as well.

Just remember once your work permit is extended you can stay in Canada for the Validity of your work permit, even if you get divorced (not a 100% sure - please confirm this), loose job etc

 

[Leon]

You are not entitled to stay based on already having applied through CEC. You should start talking to the employer now about applying for an LMO for you.

When you are a graduate on a PGWP, you are already exempt from the hardest part of getting an LMO and that is showing recruitment efforts.

In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts. It is recommended that the employer submit the application for an LMO approximately four months before the expiry of the Post-Graduation Work Permit.

Like other people here say, you could apply through PNP but the only thing that will do for you is allow you to get a work permit without needing an LMO. If the employer is not willing to apply for your LMO, he is probably not willing to sponsor you through PNP either.

Worst case scenario, if nothing works, you might have to go home in July and wait for your CEC or get your wife to sponsor you which may not be faster than CEC depending on where you come from. You could in July if you haven't applied for anything else apply to change your status to visitor but that means you can't work.

If you apply now outland for your wife to sponsor you and you come from a country with fast processing or you apply through the US, you could possibly have your PR by July. Once you have your PR, you can withdraw your CEC and you will at least get the right of PR fee back but processing fee only if they haven't yet started processing.

 

[AINP App]

Speaking from personal experience.

I am in Alberta and PNP is very flexible here. My employer was willing to undergo PNP as it only required one form signed on his part and a reference letter, job description - (both of which I had crafted for him).

On the contrary - he was unwilling to undergo the LMO process as it is lengthy (in Alberta at least) and the results are inconclusive.

 

[Singh07]

Hi AINP App

Just went through your timeline. Is you e-Cas showing DECISION MADE??

 

[AINP App]

Yes it is!