+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Family class sponsorship + work permit

thedecemberists

Star Member
Jan 21, 2017
54
0
My girlfriend has been in Canada for almost a year on a visa with a work permit. By mid-April, her visa will expire. She's trying to apply for Express Entry but unfortunately is having some trouble with the evaluation of her education credentials, meaning she doesn't have enough points as of yet. When her visa expires, she will have 1 full year of Canadian work experience and probably/hopefully enough points to be invited to the PR process. But she won't be able to bridge her work permit anymore and would have to ask for an extension. The answer to the extension to the work permit takes 1-4 months, which is usually rejected. But she would be able to work in the meantime until she gets an answer.

So in the case that she applies for an extension of her work permit and her 1-year is up, then she would hopefully have enough points for the Express Entry and so gets invited for PR soon after. But apparently she can't apply for a new work permit as a 3-month break between work permits is required. So she wouldn't be able to apply for a new work permit until mid-July, which takes 4-16 weeks to process depending on the type of permit. Therefore, even if she's invited to the PR process by mid/late April, in the highly likely case that her request for extending her current work permit is rejected by May or June or even July, she would not have a work permit anymore, and so would have to stop working.

If we get married a few months sooner than planned (our 3-year anniversary is in June), then would she have other options available to her to make sure she doesn't lose her job? Say, if we get married in March and send the sponsorship application right away, can she get a work permit some other way without the 3-month pause, or be able to bridge her current work permit? However, as I understand it, processing times for family sponsorships are 12-months, as opposed to the Express Entry applications which take 6 months.
 

thedecemberists

Star Member
Jan 21, 2017
54
0
I realize what I just said is a bit confusing, so let me simplify it:

* Current Situation: 1-year visa until mid-April 2017, been working in Canada since mid-April 2016. Wants to become a PR.
* Problem 1: 1-year visa and work permit expiring mid-April; work permit extensions usually rejected within 1-4 months (so rejection anytime from mid-may to mid-august).
* Problem 2: Not enough points for Express Entry as of yet and until Mid-April 2017 when she will probably have enough points for express entry as a skilled worker as a result of having worked in Canada for a full year.
* Problem 3: she can apply for a new, different kind of visa that will get her a new work permit, but a 3-month break between visas is required.

==> So she can't apply for a new visa and work permit until July 2017, by which time her request for an extension to her visa/work permit rejection may have come, resulting in her losing her job.
 

Jeffuk88

Hero Member
Jan 22, 2017
298
44
Ottawa
Category........
FAM
Visa Office......
OTTAWA
App. Filed.......
29-06-2017
Doc's Request.
26-06-2017
AOR Received.
26-06-2017
Unfortunately it takes 4/5 months right now to get the work permit while they process your sponsorship application. You also can't submit it until you get your marriage licence which currently takes 2/3 months.

I'm in a similar situation as the non Canadian partner and did all this research a while back :)
 

thedecemberists

Star Member
Jan 21, 2017
54
0
Jeffuk88 said:
Unfortunately it takes 4/5 months right now to get the work permit while they process your sponsorship application. You also can't submit it until you get your marriage licence which currently takes 2/3 months.

I'm in a similar situation as the non Canadian partner and did all this research a while back :)
Bummer. So no point in rushing engagement forward a couple of months just because of this. Well, I hope things work out one way or another.
 

d_heart_s

Full Member
Feb 12, 2017
33
5
Job Offer........
Pre-Assessed..
Jeffuk88 said:
Unfortunately it takes 4/5 months right now to get the work permit while they process your sponsorship application. You also can't submit it until you get your marriage licence which currently takes 2/3 months.
Did you mean the marriage certificate? Also, in my case (living in Vancouver) I've been told the certificate should be expected to arrive in 2-3 weeks, not months.

My case is somewhat similar to the OP. We got married and we understand that my wife won't be able to work for a few months. She is on a Working Holiday so no way to bridge/extend the existing work permit.
 

thedecemberists

Star Member
Jan 21, 2017
54
0
d_heart_s said:
Did you mean the marriage certificate? Also, in my case (living in Vancouver) I've been told the certificate should be expected to arrive in 2-3 weeks, not months.

My case is somewhat similar to the OP. We got married and we understand that my wife won't be able to work for a few months. She is on a Working Holiday so no way to bridge/extend the existing work permit.
I sent you a PM.
 

Aquakitty

VIP Member
Mar 21, 2011
3,014
164
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
Are you guys living together? If so, just apply now as common-law (assuming you have the required documentation).

Your other option is a quick civil marriage now, and a "wedding" later. Though I wouldn't do this if you have any red flags in your relationship or her immigration history, as it might look like you are getting married just for the permit (which is kind of true but not a big deal in most cases).

I assume she has to keep the work permit to maintain her job, I think she might qualify for "implied" status for the inland PR work permit if you get it in before her current one expires, since it is extendable. If it's not extendable that wouldn't be the case (as long as it's a possibility, even a low one).
 

thedecemberists

Star Member
Jan 21, 2017
54
0
Aquakitty said:
Are you guys living together? If so, just apply now as common-law (assuming you have the required documentation).

Your other option is a quick civil marriage now, and a "wedding" later. Though I wouldn't do this if you have any red flags in your relationship or her immigration history, as it might look like you are getting married just for the permit (which is kind of true but not a big deal in most cases).

I assume she has to keep the work permit to maintain her job, I think she might qualify for "implied" status for the inland PR work permit if you get it in before her current one expires, since it is extendable. If it's not extendable that wouldn't be the case (as long as it's a possibility, even a low one).
I sent you a PM