Hello everyone. British Common-Law Partner trying to stay in Quebec.

[Brian Vantana]

I am British and have been living in Canada since September 2010.

I am currently here on a Case Type 20 Temporary Work Permit which expires in January 2012.

The visa states that no extensions are possible.

My girlfriend and I have been together for over 3 years and have been living together since September 2010, which as I understand it, makes us Common-law partners.

We have a mortgage together, along with a joint bank account, utility bills etc etc.

We are currently trying to understand exactly what we need to apply for to allow me to stay and work here in Quebec.

Even though my visa states no extensions are possible, is there something I can do to allow me to work openly whilst we wait for my residency to be processed?

We have flights booked back to the UK for christmas and are due back in Canada in early January just before my visa expires.

Will this cause me problems?

Should I apply outland to allow me to travel more freely to see family?

Any help is greatly appreciated.

Edit* I obtained my open working permit via BUNAC.

 

[CharlieD10]

1) Definitely apply Outland, there would be no advantages to you to applying Inland. True, you would be able to apply for an OWP, but that would not be approved before stage 1, and that is taking 10+ months, currently. Applying through London would see you approved and landed as a PR well before that (they are currently approving applications in London that were filed in July 2011!).

2) Is your current employer willing to submit an LMO application in your favour? If they obtained a positive Labour Market Opinion, you would be able to continue working for them under a closed work permit.

3) If you can't extend your work permit, you can apply to vary your status as a visitor. You would not be able to work, but it would not be for more than 6 months, in all likelihood.

4) No, it shouldn't be a problem to return just before the work permit expires, you are visa exempt and wouldn't need the work permit to enter Canada anyways.

 

[Brian Vantana]

Thanks for the reply.

The outland route does seem to be by far the quickest route.

I am not currently employed. I am currently looking into a couple of things But I am concerned that requiring them to submit an LMO will put them off.

So after my application and my visa expires will there be no possible way I can work until I am accepted?

 

[scylla]

Thanks for the reply.

The outland route does seem to be by far the quickest route.

I am not currently employed. I am currently looking into a couple of things But I am concerned that requiring them to submit an LMO will put them off.

So after my application and my visa expires will there be no possible way I can work until I am accepted?

The only way you'll be able to work before your application is approved and you land is if you find an employer who is willing to go through the LMO process (and the LMO is approved).

 

[Brian Vantana]

Is this definitely the only way I will be able to work?

 

[CharlieD10]

Yes, definitely.

 

[Brian Vantana]

Well I just received completely contrary advise from the CIC advisor I just spoke to on the phone.

She says the best thing for me is to apply INLAND and request and Open Working Permit at the same time.

She says it will take about 11 months to get 1st stage approval and at that time I will receive my open work permit.

In the mean time she says I will have implied status that will allow me to work openly whilst I wait for my PR and open work permit.

Totally confused now! HELP!!!!

 

[CharlieD10]

Are you already employed? If yes: then yes, you can apply Inland and submit an OWP and continue working for them under implied status. The bad news is, you are not supposed to leave Canada until the application for PR status is approved. Can you afford to remain in Canada for at least the next 1.5 years without leaving? You are visa-exempt, which means if you leave, the chances are greatly reduced that you won't be denied entry in order to return, but it's still a chance you take. If you leave and are denied re-entry, your application goes out the door and you have to start again. Additionally, Inland applications carry no right of appeal.

If you are not already employed, then the bad news is implied status won't help you, because it does not permit you to seek out employment. Implied status only means you can keep doing what you were doing before you made the Inland application and OWP request.

I would still weigh 11 months for Approval in Principle and OWP versus 4-6 months for a PR visa from London, in your shoes.

 

[sa_ja]

Well I just received completely contrary advise from the CIC advisor I just spoke to on the phone.

She says the best thing for me is to apply INLAND and request and Open Working Permit at the same time.

She says it will take about 11 months to get 1st stage approval and at that time I will receive my open work permit.

In the mean time she says I will have implied status that will allow me to work openly whilst I wait for my PR and open work permit.

Totally confused now! HELP!!!!

I totally understand what you are going through..I am the sponser of my british boyfriend....and we went through the same thought process, we decided to go inland even though it was the longer route as he had a job and with the implied status he could still work ( he has WHP with Bunac as well) when we applied the delay for first stage approuval was 8 to 9 months....we now have been waiting for 10 1/2...very long !!


Going outland would have been way faster but he would basically would have lost his job as he could not get LMO.

Both ways are good it just depend of you...

outland advantage:
- faster, london is about 8 months

outland disadvantage :
- if you need to go for an interview you will have to travel to London
- No possibilities to work avec your WHP expires ... you have to make sure you keep a legal status in Canada

Inland advantage
- you get implied status so you can keep work

inland disadvantages
- hard to get a job on implied status as you don't get a ''official letter'' from CIC...this is good if you already have an employer
- Can'T traval outside Canada for the whole processing time
- Long processing time...and it can get longer


This is a very personnal choice....you have to weight the pros and cons of each..

BTW ..look again at the work holiday program as it changed..http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/index.aspx

Read it cafully but I think you can go outland and apply for a new WHP....this could be the way forward for you...

 

[Brian Vantana]

Thank you very much for your response. It is nice to know other's have the EXACT same thing.

When you said you CANNOT leave the country during the entire process. Do you mean you choose not to because of the risk of not being allowed back in and therefore forfeiting the entire application?

Is it really that hard to get work on implied status? I did ask the advisor that and she did mention it may be harder to find work but effectively it is an OPEN permit to work.

BUNAC is full for this year and I am waiting to hear when 2012 applications will be available.

I tried registering for canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience but the site kept crashing.

The problem is, we already have all our xmas plans booked for the UK with my family and therefore I have to leave Canada and will be returning about a week before my current visa expires. Is that running a high risk if I apply for the INLAND process?

 

[sa_ja]

Thank you very much for your response. It is nice to know other's have the EXACT same thing.

When you said you CANNOT leave the country during the entire process. Do you mean you choose not to because of the risk of not being allowed back in and therefore forfeiting the entire application?

Is it really that hard to get work on implied status? I did ask the advisor that and she did mention it may be harder to find work but effectively it is an OPEN permit to work.

BUNAC is full for this year and I am waiting to hear when 2012 applications will be available.

I tried registering for canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience but the site kept crashing.

The problem is, we already have all our xmas plans booked for the UK with my family and therefore I have to leave Canada and will be returning about a week before my current visa expires. Is that running a high risk if I apply for the INLAND process?

Implied status...I can only speak for our experience. I was tough to explain to his current employer what is implied status, as you do not get anything in writing from CIC....basically it is just your word andcopies of papers that you sent ; Basically your work permit is expired ans your SIN # as well....hard to prove that you can work legally....your employer or future employer needs to trust you !

About returning 1 week before your current WP expire...there is always a risk to be refused...however I think you would still be legal....would you have a return ticket to england ?

Once you get on implied status definatly you can't leave because you would loose the ''implied status''....so when you would re-enter you would be on a tourist visa....and you always have the risk of being refused...and I could also be seen as you abandoned your PR demand.


This requires a lot of thinking and see what would work for you....To my opinion if you do not have a job already do the outland route and apply for a new WHP.... worst case you would wait 6-8 weeks before you get your new visa and then you are good for a year and by then you would probably have your PR....maybe even before us ;-)....This is my personal opinion....but I am no professional ! your call buddy !

 

[Brian Vantana]

Thats a great response again.

You have raised more questions for me. How can you work/pay taxes etc without a SIN?

All the companies I have worked for so far have required a SIN!

I see what you mean about it being a bit risky doing the INLAND. I will NOT have a return ticket for the UK when I come back to Canada after our Xmas break.

My girlfriend thinks I should do the INLAND and IMPLIED status route and I feel I should do the OUTLAND and try to get a new WHP.

Choices choices......

 

[CharlieD10]

Remind her that if you go Inland, 1) the wait is much longer 2) implied status does NOT guarantee you will be able to find work 3) there is no right of appeal if your application is denied or declared abandoned if for some reason you cannot re-enter Canada.

The possibility of being able to work while on implied status does not really outweigh the high probability that you will be approved by London in far less time than AIP, but that's just my opinion. As I mentioned before, London is approving July 2011 applications now. That's 3 months' processing time (total) on these applications, with many of them waiting 45-55 days for just sponsor approval. This is as opposed to persons who may have filed Inland in July 2011 knowing for sure that their applications will not be reviewed until May 2012!

 

[Brian Vantana]

Thanks for the input. I do tend to agree with you.

After our chat tonight we are again erring on the OUTLAND process. I will try to contact the Consulate in London tomorrow to see if they have any news on when WHP for 2012 will be issued.

I am wondering whether I can re-enter Canada on my return from our xmas break on just a visitor visa, even though I will still have a valid WHP for a week or so?

I was wondering what opinion is about me asking them to ignore my working permit and just to give me a visitor visa whilst I wait for the new WHP to be issued.

Also, what is the opinion on me entering Canada without a return flight booked for the UK? I could take bank statements proving that I have sufficient funds to pay for one if needed.

 

[CharlieD10]

Yes, you can ask the immigration officer to give you a visitor record instead of just waving you through on the WHP. If you can pay your fees for the PR application by that time, take the receipt along, this would show them that you intend to file for PR and are taking steps to do so.

You are visa-exempt, so Canada may not have a problem letting you in without a return ticket. With that said, though, I understand airlines are quite sticklers for not letting someone board a plane with a one-way ticket when they can't prove status in the country of destination. I know of someone here who was made to purchase a return ticket at the airport desk coming back to Canada from Manchester. The airline refused to board her without it, as at the time her PR application was still in process.