extending post grad work permit visa while applying for PR

[bankerguy]

Subject says it all.

My gf is from Japan but has been living in canada for 6 years. We're currently living together. She is applying through family class as common-law with myself.

She graduated university almost 2 years ago..she only has 1 year left on her post grad work permit.

We are applying through 'inland' ..not outland ... so it might take a while before she gets PR

If her post grad work permit visa expires while we are waiting..does she have to leave canada... ? i read somewhere that there is a way to extend it ..but i cant find the appropriate form.

help please!

 

[bankerguy]

PLEASE..anyone out there have any idea or know anything about extending a post grad work permit for someone in the process of applying for PR through Family class (already living in canada)

 

[Jellyfishy]

I was under the impression that the post grad visa was unextendable. But I might be wrong! Before it expires (if you can't extend it) apply to extend her status as a visitor. That's what I did.

Here are the pages on extending your work permit though: http://www.cic.gc.ca/english/work/permit/extend.asp

 

[bankerguy]

Now i'm really confused.

I agree, you cant extend the post grad work permit..but apparently you have to apply for an OPEN work visa....

BUT..when i clicked on the link you sent me ...and i clicked on open work visa, it says economic skill class, not family class which is what we're applying under

 

[Jellyfishy]

If you are applying inland you can still send an application for the OWP with your sponsorship application which is what I did. It's just not available for outland applications.

 

[bankerguy]

If you are applying inland you can still send an application for the OWP with your sponsorship application which is what I did. It's just not available for outland applications.

Ohhh i was under the assumption that only applications for PR under the economic class could apply for an open work permit

wow! that totally made my day.

On the CIC site, I do see : How and when should I apply for an open work permit? Send your application in the same envelope as your permanent residence application, before your current work permit expires.

which is what you did, and is what my gf will do.

 

[Jellyfishy]

Yes you can send it with the application. However the "before current work permit expires" doesn't really apply since it's a sponsorship application. Also please note that she can't work between the time her visa expires and the time you get the OWP. Please remember to send the extend status as visitor application before the work permit expires (I sent it the day off, and had to pay an extra 200$ Fee)

If you want to apply outland after all, the process will likely be quicker and she can still stay until her work permit is up. Just not beyond that! She might be able to return as a visitor (or you can extend as a visitor that way as well) but it is less certain.

 

[bankerguy]

Yes you can send it with the application. However the "before current work permit expires" doesn't really apply since it's a sponsorship application. Also please note that she can't work between the time her visa expires and the time you get the OWP. Please remember to send the extend status as visitor application before the work permit expires (I sent it the day off, and had to pay an extra 200$ Fee)

If you want to apply outland after all, the process will likely be quicker and she can still stay until her work permit is up. Just not beyond that! She might be able to return as a visitor (or you can extend as a visitor that way as well) but it is less certain.

Ahhh i see. 2 quick questions

1. If we continue to do it the INLAND way, and if she does get the OWP, how long do OWPs last for? I would imagine that they are valid until we get final word on the PR application.

2. How long does it take until she would get the OWP? If we send the PR application and OWP change form this week, we'd get the OWP approved within a year i'd imagine?

 

[canuck_in_uk]

1. If we continue to do it the INLAND way, and if she does get the OWP, how long do OWPs last for? I would imagine that they are valid until we get final word on the PR application.

2. How long does it take until she would get the OWP? If we send the PR application and OWP change form this week, we'd get the OWP approved within a year i'd imagine?

1. Yes, until the PR app is done.

2. She would get the OWP after stage 1 approval (sponsor approval), currently taking around 10 months.


If you send the PR and OWP apps before her PGWP expires, she will be on Implied Status. She doesn't need to submit a separate app to extend or change her status to visitor. Please note that she will not be allowed to work while on Implied Status.


Is there a particular reason for applying inland instead of outland? Have a look at the Manila thread and spreadsheet (Manila processes Japan apps). The 2012 average was 258 days. You said she has a year left on her PGWP; if you apply outland through Manila soon, there is a very good chance that she would have her PR before her PGWP expires.

http://www.canadavisa.com/canada-immigration-discussion-board/spouse-family-class-timeline-manila-visa-office-philippines-t40680.37440.html
https://docs.google.com/spreadsheet/ccc?key=0AtCLbbZupkY_dHJRT2R1alhXS2xaUzFTcHZsTUhVbHc#gid=0

 

[bankerguy]

1. Yes, until the PR app is done.

2. She would get the OWP after stage 1 approval (sponsor approval), currently taking around 10 months.


If you send the PR and OWP apps before her PGWP expires, she will be on Implied Status. She doesn't need to submit a separate app to extend or change her status to visitor. Please note that she will not be allowed to work while on Implied Status.


Is there a particular reason for applying inland instead of outland? Have a look at the Manila thread and spreadsheet (Manila processes Japan apps). The 2012 average was 258 days. You said she has a year left on her PGWP; if you apply outland through Manila soon, there is a very good chance that she would have her PR before her PGWP expires.

http://www.canadavisa.com/canada-immigration-discussion-board/spouse-family-class-timeline-manila-visa-office-philippines-t40680.37440.html
https://docs.google.com/spreadsheet/ccc?key=0AtCLbbZupkY_dHJRT2R1alhXS2xaUzFTcHZsTUhVbHc#gid=0

"please note she will not be allowed to work on implied status"
woah woah woah..
If she is on implied status... as far as i know SHE CAN continue to work the same job...

 

[Sweden]

"please note she will not be allowed to work on implied status"
woah woah woah..
If she is on implied status... as far as i know SHE CAN continue to work the same job...

no - she can't. If she had a closed permit, or an extendable work permit (with LMO for example), then yes, she could work on implied status. If she has a Post Grad permit, it is not extendable, so she can NOT work under implied status. She can stay in Canada, and be legally here, and she can work again as soon as she has the OWP that you can send in with your PR application, but she can not work past the date.

Working on Implied status is only possible if the permit is extendable in the first place.
Sweden

 

[canuck_in_uk]

"please note she will not be allowed to work on implied status"
woah woah woah..
If she is on implied status... as far as i know SHE CAN continue to work the same job...

As sweden said, only if the previous work permit is extendable. As the PGWP isn't extendable, she can't continue working.

 

[bankerguy]

So ... do i have this straight?


We are sending in our PR application along with the OWP application next week.

currently, people say the wait time until AIP is 10 months. Her current Post Grad Work Permit is valid for 1 more year.
So we SHOULD be okay correct?? Because she SHOULD get AIP in 10 months, and when she gets AIP she will also get the OWP ..
..we we have a 2 month buffer ...

BUT..if the AIP takes longer than 12 months she's totally screwed because her PGWP will expire and she will have to quit her job.....

 

[screech339]

So ... do i have this straight?


We are sending in our PR application along with the OWP application next week.

currently, people say the wait time until AIP is 10 months. Her current Post Grad Work Permit is valid for 1 more year.
So we SHOULD be okay correct?? Because she SHOULD get AIP in 10 months, and when she gets AIP she will also get the OWP ..
..we we have a 2 month buffer ...

BUT..if the AIP takes longer than 12 months she's totally screwed because her PGWP will expire and she will have to quit her job.....

That is correct. However I seriously doubt that the first stage would take 10 months. This blimp of high volume usually happen around month of october for a number of reasons. Once the backlog clears, it will slowly drop back to 6 months for 1st stage.
She will likely to get AIP and OWP same time in less than 10 months. I say this only on the basis that people of past years of sponsorship have seen a repeat pattern of spiking of applications during the month of october and seen timeline for 1st stage go up before dropping down to usual 6 month timeline.

Screech339

 

[screech339]

Bankerguy,

While I understand that you would want your gf to continue working until she gets PR, try to put it in another perspective. If your gf didn't find anybody, she would have to quit her current job and move back to Japan once PGWP expires anyway. So to argue about her working past PGWP is moot point. Which is better for her? She quitting her job when PGWP ends and go back to Japan or quitting her job when PGWP ends and staying in Canada with the man she loves. Be happy that she will have this opportunity to stay in Canada with you regardless if she has to quit her job at end of PGWP.

Screech339