Desperate please I would appreciate help!

[Tommy-1208]

About to hire a lawyer but it is so expensive! Hope you guys can help me.
My case in short:
Im from Mexico (now visa exempt I have ETA) and husband Italian. I applied for Student permit in 2016 and was granted both student permit for a Designated Learning Institution + open work permit for my husband.
I graduated last April 2018 and applied for PGWP together with my husband. Wrong I know! Time passed while waited for an answer from CIC which never came.. meanwhile our student permit and WP were going to expire July 30. So a few days before the expiration we were advised to withdraw PGWP application and submit a new one, this time to change my husband´s status for a visitor. Until they answer, he can keep working under implied status.
He finally has a good job so our main goal is for him to keep working! Since we do not have the time to get a job for me and 3 pay stubs we were advised to enrol in a post graduate course so we can apply again for a new Student permit + work permit for spouse.
I already have the acceptance letter from the DLI and it is related to my field. We were told we need to apply for Student Permit within Canada but request the application to be processed by offices in Mexico (this way it will take less time and we will then have our permits faster). Otherwise applying from within Canada will take 6 weeks and the other application of PGWP could be answered and my husband would lose his work status (implied now).
Questions:
- Are we allowed to apply for a new student permit and work permit while on implied status?
- Should we fill out application from within canada and say we live here (Ontario) but how can we request the process in Mexico?
- Another suggestion was for me to travel to mexico and apply from there, but Im afraid if I leave the country my husband will lose his implied status. If this is not the case, when I come back with our valid permits, how can he validate his work permit (if he is not traveling with me? )
Our main goal again is for him not to lose his job. Any ideas please?!!
I would really appreciate your help!

 

[scylla]

About to hire a lawyer but it is so expensive! Hope you guys can help me.
My case in short:
Im from Mexico (now visa exempt I have ETA) and husband Italian. I applied for Student permit in 2016 and was granted both student permit for a Designated Learning Institution + open work permit for my husband.
I graduated last April 2018 and applied for PGWP together with my husband. Wrong I know! Time passed while waited for an answer from CIC which never came.. meanwhile our student permit and WP were going to expire July 30. So a few days before the expiration we were advised to withdraw PGWP application and submit a new one, this time to change my husband´s status for a visitor. Until they answer, he can keep working under implied status.
He finally has a good job so our main goal is for him to keep working! Since we do not have the time to get a job for me and 3 pay stubs we were advised to enrol in a post graduate course so we can apply again for a new Student permit + work permit for spouse.
I already have the acceptance letter from the DLI and it is related to my field. We were told we need to apply for Student Permit within Canada but request the application to be processed by offices in Mexico (this way it will take less time and we will then have our permits faster). Otherwise applying from within Canada will take 6 weeks and the other application of PGWP could be answered and my husband would lose his work status (implied now).
Questions:
- Are we allowed to apply for a new student permit and work permit while on implied status?
- Should we fill out application from within canada and say we live here (Ontario) but how can we request the process in Mexico?
- Another suggestion was for me to travel to mexico and apply from there, but Im afraid if I leave the country my husband will lose his implied status. If this is not the case, when I come back with our valid permits, how can he validate his work permit (if he is not traveling with me? )
Our main goal again is for him not to lose his job. Any ideas please?!!
I would really appreciate your help!

Your husband has implied status to remain in Canada as a visitor only - that's it. Since you withdrew the work permit application and he applied to change his status to visitor, his implied status does not allow him to continue working. If his WP expired on July 30th - then this should have been his last day at work and he should no longer be working now. If he is still working, recommend he stop asap before he accumulates further illegal work which could jeopardize future applications and his ability to remain in Canada.

Applying for a student permit won't allow him to start working again now. Plus, you're most likely too late to apply for a study permit for the September term.

 

[Tommy-1208]

Thanks for your answer. We withdrew the first PGWP application (the one that did not include him as a visitor), and applied again before both permits expired (July 27). Still have not received updates from CIC. We were told by lawyers that until we have an answer from CIC his status as a worker from the 2016 application remained as we applied before expiration of our permits and until any other application is answered. Is this not correct?

Also were told that applications madre from Mexico have a 1 week processing time. This is why we were advised to apply from here but as a Mexican Citizen (by Mexican office). This is the service the lawyers are offering us. To apply from within Canada and request to process application in Mexico. 1-2 week processing time.

 

[scylla]

Thanks for your answer. We withdrew the first PGWP application (the one that did not include him as a visitor), and applied again before both permits expired (July 27). Still have not received updates from CIC. We were told by lawyers that until we have an answer from CIC his status as a worker from the 2016 application remained as we applied before expiration of our permits and until any other application is answered. Is this not correct?

Also were told that applications madre from Mexico have a 1 week processing time. This is why we were advised to apply from here but as a Mexican Citizen (by Mexican office). This is the service the lawyers are offering us. To apply from within Canada and request to process application in Mexico. 1-2 week processing time.

It's difficult to fully answer your questions since your information is incomplete. You need to provide full details.

What did you apply for first? I believe a PGWP for yourself and an OWP extension for your husband - yes? You then withdrew this entire application - yes? Then I believe you applied for a PGWP for yourself and to change your husband's status to visitor - yes? If all of that is accurate, you are the only one who can continue working. Your husband certainly cannot. Applying to change his status to visitor does give him implied status - but only as a visitor, not to work. (He would only have implied status that allows him to work if he had applied for a work permit extension AND it was still in progress. However I believe you withdrew that?) If I have correctly understood what you have applied for and your lawyer has said your husband can continue working - you need to ditch your lawyer. If I have not understood correctly, you need to explain more clearly.

As for the study permit.. Lawyers cannot promise or offer processing times. They have absolutely no influence over them. The posted processing time is one week. However if you wander over into the International Students section of the forum you'll find that many applications with posted processing times of a week can take several months. It concerns me that your lawyer either isn't aware of this or is promising 1 week processing time when it's impossible for him to make that happen. Your lawyer should also be aware that applying for a study permit this close to the start of classes has a low chance of succeeding. If you weren't warned about this - I would be concerned.

 

[Tommy-1208]

What did you apply for first? I believe a PGWP for yourself and an OWP extension for your husband - yes?
In 2016 I applied for student permit and he obtained OWP. Then after graduation I did apply for PGWP together but without a job. So I withdrew this application and changed it to PGWP + Visitor - Before my main permit (Student permit and his work permit expired).

You then withdrew this entire application - yes? Then I believe you applied for a PGWP for yourself and to change your husband's status to visitor - yes? Yes but before main permits expired in July 30. That´s why lawyers said he still has now ability to work.

 

[scylla]

What did you apply for first? I believe a PGWP for yourself and an OWP extension for your husband - yes?
In 2016 I applied for student permit and he obtained OWP. Then after graduation I did apply for PGWP together but without a job. So I withdrew this application and changed it to PGWP + Visitor - Before my main permit (Student permit and his work permit expired).

You then withdrew this entire application - yes? Then I believe you applied for a PGWP for yourself and to change your husband's status to visitor - yes? Yes but before main permits expired in July 30. That´s why lawyers said he still has now ability to work.

Lawyer is wrong. Your husband cannot work after July 30th. Again, all a visitor application does is allow him to remain in Canada as a visitor under implied status (until a decision is made in the application).

I would get a new lawyer asap. You have a dud.

 

[Tommy-1208]

I am so worried and very impressed since it is a top corporate immigration firm based in TO... what would you recommend? Him resigning ASAP? how can we not damage our future applications? we were already EE elegible.
Is there any other way he can keep his job?
Would you recommend exiting the country and applying from Mexico for a new Student permit + spouse work permit since I already have an acceptance letter from DLI?

Please advise.

 

[scylla]

I am so worried and very impressed since it is a top corporate immigration firm based in TO... what would you recommend? Him resigning ASAP? how can we not damage our future applications? we were already EE elegible.
Is there any other way he can keep his job?
Would you recommend exiting the country and applying from Mexico for a new Student permit + spouse work permit since I already have an acceptance letter from DLI?

Please advise.

Are you 100% sure you know what you applied for and 100% sure you understand what your lawyer told you? I'll be honest, your comments have been quite confusing and difficult to understand - with lots of gaps. You're also using some terminology incorrectly. I'm worried you may have misunderstood what your lawyer told you or misunderstood what you have applied for. Might be worthwhile to sit down again to have this chat? Just a thought.

Eligible for EE gets you nothing. There is a bridging open work permit available, but only if you have already been selected through EE after submitting your profile (i.e. received ITA), have submitted your complete application AND still hold a valid work permit. So certainly not a possibility for your husband at this point. Presumably your lawyer already told you this.

You can certainly return to Mexico. Of course no guarantee the study permit will be approved for this semester.

LMIAs take 4-6 months typically and that's assuming your husband's employer is willing.

IMO your best option is for your husband to stop working and both of you to remain in Canada. You should then try to find a job asap that's NOC A, B or 0 so that your husband can then reapply for an OWP. This is the best bet IMO. Keep in mind that you can only obtain a PGWP once in your lifetime. So if this PGWP gets approved and then you immediately switch to another study permit, you will not be able to apply for a PGWP once you finish your second round of studies. Assume your lawyer has told you that as well.