HELLP!:Application to Change Conditions / Extend Your Stay in Canada as a Worker

[bankerguy]

My girlfriend is in Canada on a post grad work permit. It was originally 3 years, but she only has 1 year left remaining on it.

She is currently applying for PR - through family class as a common-law status with me.

We are applying 'INALND' and the current processing times are like 18 months. So there will be a 6 month window where her Post Grad Work Permit has expired but she'll be waiting for her PR application to be finally approved.

Because she is applying through family class, she does not qualify for an OPEN WORK VISA ...It looks like those are only for Economic class immigration applicants.

So my question is, can she do the "application to change conditions extend your stay as a worker" application.
She wants to change from post grad work permit to Open worker ...
She would submit the documents to change ALONG with her PR documents when we send them to ontario.

Does anyone know if this would work!?!?
worst case scenario would be that she would have to leave the country for aprox 6 months while we await her PR to go through! also, she'd lose her job which is an awesome job.

 

[Spikey92]

She IS eligible for an open work permit!
You guys applied inland so she CAN get a work permit with the firsy stage approval.
Most of the times people send the application for the open work permit TOGETHER WITH their PR application as the work permit applc gives you implied status!
So if you havent applied yet ,do it now.

 

[screech339]

She IS eligible for an open work permit!
You guys applied inland so she CAN get a work permit with the firsy stage approval.
Most of the times people send the application for the open work permit TOGETHER WITH their PR application as the work permit applc gives you implied status!
So if you havent applied yet ,do it now.

She is eligible for Open Work Permit once she gets AIP. Since she is on Post Graduate Work Permit, it is not extendable within Canada, thus can only work until the day her PGWP expires. After that, she had to cease working until she gets OWP. If she gets OWP before her PGWP expires, she can continue working on OWP.

Screech339

 

[bankerguy]

She is eligible for Open Work Permit once she gets AIP. Since she is on Post Graduate Work Permit, it is not extendable within Canada, thus can only work until the day her PGWP expires. After that, she had to cease working until she gets OWP. If she gets OWP before her PGWP expires, she can continue working on OWP.

Screech339

I'm a little confused.

Her PGWP expires 1 year from now. If we mail out her INLAND PR application ALONG with her OWP application ....am i correct in thinking that she will be on "implied status" which means that she CAN continue to work even if the AIP takes longer than 1 year and her PGWP expires?

 

[screech339]

I'm a little confused.

Her PGWP expires 1 year from now. If we mail out her INLAND PR application ALONG with her OWP application ....am i correct in thinking that she will be on "implied status" which means that she CAN continue to work even if the AIP takes longer than 1 year and her PGWP expires?

Let me try to make it clear. If you submit application now with OWP, your gf can still work on her PGWP while the papers are in progress, even before AIP. However if she does not not receive her OWP until after her PGWP expires, she must stop working on last day of PGWP. She would have to wait until she gets OWP to go back to work.

AIP has no bearing on her ability to work. AIP only a stage whereby she qualify for PR status, nothing more. Only when she get OWP will she be able to work.

If she gets her OWP before her PGWP expires, then all the better. Nothing gets interupted in her work. If she gets OWP after PGWP expires, she must quit her job until she get OWP.

I hope this clears it up for you

Screch339

 

[bankerguy]

Let me try to make it clear. If you submit application now with OWP, your gf can still work on her PGWP while the papers are in progress, even before AIP. However if she does not not receive her OWP until after her PGWP expires, she must stop working on last day of PGWP. She would have to wait until she gets OWP to go back to work.

AIP has no bearing on her ability to work. AIP only a stage whereby she qualify for PR status, nothing more. Only when she get OWP will she be able to work.

If she gets her OWP before her PGWP expires, then all the better. Nothing gets interupted in her work. If she gets OWP after PGWP expires, she must quit her job until she get OWP.

I hope this clears it up for you

Screch339

Okay, I totally understood what you said above.

But I just got off the phone with someone at the call center for CIC. She said (in a very thick french accent ) that my girl friend qualifies for 'implied status' so even if her post grad work visa expires, she can STILL continue to work until a verdict is reached on her application.
If her application for PR and her OWP is declined, then she would have to STOP working if her PGWP has expired.

 

[screech339]

Okay, I totally understood what you said above.

But I just got off the phone with someone at the call center for CIC. She said (in a very thick french accent ) that my girl friend qualifies for 'implied status' so even if her post grad work visa expires, she can STILL continue to work until a verdict is reached on her application.
If her application for PR and her OWP is declined, then she would have to STOP working if her PGWP has expired.

To me that makes perfect sense. She is telling you she can continue to work on her PGWP until she gets her OWP. I am still convinced that she would have to quit her PGWP when it expires before getting her OWP. Have you asked the agent what would happen if your gf's PGWP expires before getting OWP status? Can she continue working on her PGWP after it expires but before getting her OWP? In your case since your gf has at least 12 months left, I am sure she will get her OWP before her PGWP expires.

Screech339

 

[QuebecOkie]

As frustrating and counter-intuitive as it is, the word of the call centre cannot always be trusted 100%. You can call three different times in the same day, reach three different representatives, and receive three different answers. Hopefully, you'll be lucky and your girlfriend will receive AIP/OWP before her PGWP expires. Then you'll have no issue. But if that doesn't happen, you two must carefully consider the accuracy of the information you have, and the risks of working *if* her PGWP is, in fact, not extendable and she accidentally works illegally.

 

[bankerguy]

To me that makes perfect sense. She is telling you she can continue to work on her PGWP until she gets her OWP. I am still convinced that she would have to quit her PGWP when it expires before getting her OWP. Have you asked the agent what would happen if your gf's PGWP expires before getting OWP status? Can she continue working on her PGWP after it expires but before getting her OWP? In your case since your gf has at least 12 months left, I am sure she will get her OWP before her PGWP expires.

Screech339

Yes i asked her "if my gf's PGWP expires, and she has NOT received her AIP or OWP ..can she still work?"

and the lady said "yes because she is on implied status...she can not change jobs, but she can continue to work until the OWP is either granted or denied"

......so, ive read a few times on this forum that she CAN NOT work if her PGWP expires because PGWP does not qualify for implied...ive also read people saying the opposite.
The call center lady said one thing..but like the poster said below....you cant always believe what the CIC agent says.

So yeah..... lets just hope that AIP and OWP does NOT take longer than a year!!

On a side note, the CIC agent said my gf did not need a LMO with her owp application so thats great.

 

[bankerguy]

As frustrating and counter-intuitive as it is, the word of the call centre cannot always be trusted 100%. You can call three different times in the same day, reach three different representatives, and receive three different answers. Hopefully, you'll be lucky and your girlfriend will receive AIP/OWP before her PGWP expires. Then you'll have no issue. But if that doesn't happen, you two must carefully consider the accuracy of the information you have, and the risks of working *if* her PGWP is, in fact, not extendable and she accidentally works illegally.

I agree 100%.

If i cant get something in writing from the CIC saying she IS on IMPLIED status and SHE CAN continue to work..then she will definitely stop working because the long-time goal is to have her live in Canada...we wouldn't jeopardize that by having her work illegally for a few months while we wait for the AIP/OWP

 

[truesmile]

My understanding is actually in agreement with the thick-accented lady you spoke with. You absolutely can work under implied status under your PGWP until an officer makes a decision on your application.

(You won't get it in writing.)

 

[screech339]

My understanding is actually in agreement with the thick-accented lady you spoke with. You absolutely can work under implied status under your PGWP until an officer makes a decision on your application.

(You won't get it in writing.)

If you can't get it in writing then its safe to assume you can continue working on PGWP until it expires. After that, you have to quit.

Screech339

 

[bankerguy]

Little update here.

My gf applied two weeks ago for family class / OWP.


We called in to the contact center today and asked:

"if her PGWP expires in November 2014, and we have NOT yet received AIP.... can she continue to work under implied status"

This time it was a man with a reeeeally thick french accent...and he said
"Yes, she can work under implied status as long as its with the same employer....she can work until she receives AIP and has her OWP processed... if she is declined then she will have to stop working immediately"

I then said "i read on the CIC that you CAN NOT extend the PGWP"

and he said "working under implied status does not fall within definition of "extending" a work permit"

 

[bankerguy]

Little update here.

My gf applied two weeks ago for family class / OWP.


We called in to the contact center today and asked:

"if her PGWP expires in November 2014, and we have NOT yet received AIP.... can she continue to work under implied status"

This time it was a man with a reeeeally thick french accent...and he said
"Yes, she can work under implied status as long as its with the same employer....she can work until she receives AIP and has her OWP processed... if she is declined then she will have to stop working immediately"

I then said "i read on the CIC that you CAN NOT extend the PGWP"

and he said "working under implied status does not fall within definition of "extending" a work permit. "
He also said "PGWP is a TYPE of open work permit...and OWP does qualify for implied status"

 

[truesmile]

Once again, I'm with the guy with the "thick accent". Nicely put mind you how he phrased that, your post will be reference by many (if easily searchable) in the future.