confused with TRV and valid work permit

[LC2521]

Hi,

I am working here under LCP, I have already extended my work permit and it's issued on May 8, 2009 and valid until Aug 2011. But my TRV is expired on May 30, 2009, and I didn't apply for a TRV until July 5, 2009. As from my understanding, I could work legally in Canada as long as my work permit is valid, although my TRV is expired, am I correct? But when I sent my application for TRV to Canadian consulate in Buffalo with my new work permit on July 5, 2009. They refused to grant me a TRV because they said I didn't leave Canada once my TRV is expired in May 2009. I am really confused now, and plan to reapply for TRV again, because my employer may need me to go to work aboard on a vacation at the end of this year. Is there anyone help me clarify my understanding?

1. Am I now still working in Canda legally? I am so confused because my work permit is always valid. My first work permit is valid on May12, 2008-May11, 2009, and my new work permit is valid on May8 2009- Aug 2011. My TRV is expired on May 30, 2009.

2. Because of refused to get TRV from Canadian consulate, will this issue effected my PR application later?

Thank you very much.

 

[accreddy]

1) Yes, you are working legally in Canada. You can work in Canada even with expired TRV as long as you do not go out of Canada, USA or Saint-Pierre et Miquelon.

2) It will not effect your PR application.

 

[LC2521]

Thank you accreddy for your quick reply, I am going to reapply for TRV again. Do you have any advice for me? I planned to reapply by sending my application through mail again, because I don't want to take a risk to go to Buffalo office myself in case the consulate denied TRV again and I couldn't enter to Canada. I just don't understand why they refused my application although I've already had a valid work permit. Should I write the letter to the consulate to insist them that I would leave Canada at the end of my authorized stay?

 

[accreddy]

Did you provide proof of employment earlier when you applied for the TRV in Jul, 2009?

 

[LC2521]

Do you mean my new work permit? I did sent my new work permit to them, but I didn't send the contract between me and the employer. So I guessed this may be a point that they refused me. But actually I sent the documents like my friend did to the Consulate, she sent only work permit, not the contract, but she has already got a TRV.

 

[accreddy]

Usually if you do not send your current status of employment, there are chances that CIC would assume that you are no longer employed. In that case they would assume that you would be overstaying and hence you run the risk of getting rejected. This might have happened in your case.

Ofcourse that depends on the visa officer who is evaluating the case. Sometimes you get lucky (like the one in your friend's case). This is what I personally think.

I would suggest sending a copy of your work permit, employment contract, payslips and bank statments.

 

[LC2521]

I guessed so. Thank you for your suggestion, I am going to send the documents like you said to the consulate again.

 

[PMM]

Hi

I guessed so. Thank you for your suggestion, I am going to send the documents like you said to the consulate again.

You would have better success if you followed Buffalo's instructions as to what is required for a TRV. Read the instructions here: http://www.canadainternational.gc.ca/buffalo/imm/visa_temp.aspx?lang=eng#REQUIREMENTSCANADA

PMM