Expiring open work permit and Permanent Residency on process

[Kukulla]

hello
help pls!
me and my husband got married October 2013 which is last year. Im a permanent resident here in Canada and we submitted my sponsorship to him to be a PR on March 2014. He curently has an open work permit and has been here since 2009 his work permit will expire next month which is July 2014. What do we need to do? does he need to renew his open work permit still? or do we have to have a document saying his PR is curently on process i just dont want to worry that he wont have any status while the papers are on process. I asked him how he renewed his work permit back in 2011 he said he just went to a civic center , showed his landing papers and they gave the new one right away is it that easy?

I appreciate your answers thank you

 

[Alurra71]

hello
help pls!
me and my husband got married October 2013 which is last year. Im a permanent resident here in Canada and we submitted my sponsorship to him to be a PR on March 2014. He curently has an open work permit and has been here since 2009 his work permit will expire next month which is July 2014. What do we need to do? does he need to renew his open work permit still? or do we have to have a document saying his PR is curently on process i just dont want to worry that he wont have any status while the papers are on process. I asked him how he renewed his work permit back in 2011 he said he just went to a civic center , showed his landing papers and they gave the new one right away is it that easy?

I appreciate your answers thank you

If you filed an Inland application and added an OWP application with that file, then so long as he does not leave Canada for any reason, he can continue to work using his current OWP under implied status until stage 1 processing has been completed. If you filed an outland application for him he would need to file for an extension of his current OWP ASAP. I would be curious to know how he arrived in Canada in 2009 though and received an OWP?

 

[MrJB]

I'm in the same situation. I have an IEC that I got in July 2012, it expires next month. I applied outland in March for family class (spouse) PR through Sydney.
Is there a way I can keep working while I wait for my PR to come through? I'm 32 so out of the date range for IEC.

 

[Alurra71]

I'm in the same situation. I have an IEC that I got in July 2012, it expires next month. I applied outland in March for family class (spouse) PR through Sydney.
Is there a way I can keep working while I wait for my PR to come through? I'm 32 so out of the date range for IEC.

Unless you are eligible to get another IEC visa, then no, there is no way for you to continue working unless your employer wants to do an LMO for your current job and then you can apply for a closed (LMO) work permit.

 

[Kukulla]

Hi Alurra71 thanks for your answer.
He came here as a student then studied, granted work permit then open work permit. I'm applying in land but when we filed for his PR papers we didn't file for an OWP for him with that what do we do now?

 

[Alurra71]

Hi Alurra71 thanks for your answer.
He came here as a student then studied, granted work permit then open work permit. I'm applying in land but when we filed for his PR papers we didn't file for an OWP for him with that what do we do now?

Try to extend his work permit again by submitting a new application for it, or by him returning to the same place he had it extended before. There isn't much else you can do at this point other than that, or apply to change the conditions of his stay and change him over to a visitor visa. If he is accepted for either he can continue to remain in Canada. If he keeps his working visa he can continue to work, but if he applies to change the conditions of his stay to a visitor and is granted that request, he must stop working.

 

[Kukulla]

thanks alurra71

i spoke to my lawyer already and she said to wait until we apply to extend his work permit, because we dont have the receipt for the sponsorship yet and she also said that he can stay in canada as long as he doesnt leave the country because his papers are on process. i know this but the thing is when his OWP expires next month that means he is not allowed to work anymore right now hes working but getting paid cash whats your opinion on this?im so sorry i dont know nothing about a lot of things about immigration

 

[Alurra71]

thanks alurra71

i spoke to my lawyer already and she said to wait until we apply to extend his work permit, because we dont have the receipt for the sponsorship yet and she also said that he can stay in canada as long as he doesnt leave the country because his papers are on process. i know this but the thing is when his OWP expires next month that means he is not allowed to work anymore right now hes working but getting paid cash whats your opinion on this?im so sorry i dont know nothing about a lot of things about immigration

Just because your husbands PR papers have been sent mean nothing. He has status right now, because he has a current OWP that expires next month. Once that expires and he hasn't applied for a new OWP he has no implied status to remain in Canada and can be subject to removal by CBSA. The ONLY way he is going to gain 'implied status' would be if an OWP application was included with your sponsorship application. If you have already filed your application why do you not have a receipt to prove this? If you have not yet filed his application, then get an OWP filled out and include it WITH the application and he will remain on implied status and able to work throughout the entire process. This of course is all presupposing you are filing an INLAND application for your husband.

 

[Kukulla]

thats what the lawyer told me she said they havent got back on her yet so she doesnt have a receipt of sponsorship yet she even told me to wait a bit more before i apply for his renewal of OWP which i find odd because she said its better if we have proof that we filed for his PR already.

Im thinking just to file his OWP renewal right now separate from his PR papers that we filed last march can i do that as well?

 

[Alurra71]

thats what the lawyer told me she said they havent got back on her yet so she doesnt have a receipt of sponsorship yet she even told me to wait a bit more before i apply for his renewal of OWP which i find odd because she said its better if we have proof that we filed for his PR already.

Im thinking just to file his OWP renewal right now separate from his PR papers that we filed last march can i do that as well?

Your lawyer might not have gotten your AOR (application received) noticed, but you CERTAINLY have a receipt showing the application fees have been paid. If your lawyer is telling you otherwise, you had better call CIC for yourself to ensure they have your application and then fire that lawyer immediately. You get the receipt from payment immediately.