I with a working holiday visa and I want to apply for PR

[Paloma1988]

Hi Everyone!!

Im with a working/holiday visa since April 2014 for a year. This whole time I have been in Canada I have been living with my boyfriend and we want to apply for the Permanent residence within Canada for Spouse or Common Law. I start a new job by the end of December, and want to send the app out by mid January. We are not using a lawyer... My question is... Do I need to apply for a Open Work Permit?? Or if everything goes well and as planned, by the time my visa expires I should already have my implied status to keep working???? I cant really apply for another work permit, since that app asks me for that LMIA or whatever the name is, and I have no way to get one.... ALSO, someone told me, they sent a form with the app for the permanent residence that allows her to keep the status as a worker... is that right? I have the name of the form... Im just not convinced thats the way, and the CIC call center is not very helpful lol
THANK YOU ALL!!! I appreciate the answers!!!!!!!!!

 

[taffy7]

Which country are you from. You can apply outland and still stay in Canada . It is taking 15 months to get first stage approval inland.

 

[zardoz]

Hi Everyone!!

Im with a working/holiday visa since April 2014 for a year. This whole time I have been in Canada I have been living with my boyfriend and we want to apply for the Permanent residence within Canada for Spouse or Common Law. I start a new job by the end of December, and want to send the app out by mid January. We are not using a lawyer... My question is... Do I need to apply for a Open Work Permit?? Or if everything goes well and as planned, by the time my visa expires I should already have my implied status to keep working???? I cant really apply for another work permit, since that app asks me for that LMIA or whatever the name is, and I have no way to get one.... ALSO, someone told me, they sent a form with the app for the permanent residence that allows her to keep the status as a worker... is that right? I have the name of the form... Im just not convinced thats the way, and the CIC call center is not very helpful lol
THANK YOU ALL!!! I appreciate the answers!!!!!!!!!

Applying for an open work permit as part of the inland PR application process will not allow you to extend a fixed expiry working/holiday permit via "implied status". It's a common error and has led some people into serious problems. Even the CIC call centre have got this wrong. If you choose to believe otherwise, it's at your own risk.

 

[taffy7]

Hi Everyone!!

Im with a working/holiday visa since April 2014 for a year. This whole time I have been in Canada I have been living with my boyfriend and we want to apply for the Permanent residence within Canada for Spouse or Common Law. I start a new job by the end of December, and want to send the app out by mid January. We are not using a lawyer... My question is... Do I need to apply for a Open Work Permit?? Or if everything goes well and as planned, by the time my visa expires I should already have my implied status to keep working???? I cant really apply for another work permit, since that app asks me for that LMIA or whatever the name is, and I have no way to get one.... ALSO, someone told me, they sent a form with the app for the permanent residence that allows her to keep the status as a worker... is that right? I have the name of the form... Im just not convinced thats the way, and the CIC call center is not very helpful lol
THANK YOU ALL!!! I appreciate the answers!!!!!!!!!

If you have only been living with your boyfriend since April 2014 you can not send your application off until you have proof that you have been common law for a full year.

 

[Paloma1988]

Applying for an open work permit as part of the inland PR application process will not allow you to extend a fixed expiry working/holiday permit via "implied status". It's a common error and has led some people into serious problems. Even the CIC call centre have got this wrong. If you choose to believe otherwise, it's at your own risk.

My visa and work permit will expire next april, 2015. And I want to send out my app in Jan 2015, at least 2 or 3 months before it expires. And I dont know what to believe, that is why Im asking question So........ If I dont send an app for an open work permit, am going to be able to get that implied status????

 

[Kayaker]

You MUST prove 12 consecutive months of living together to apply as common-law. So you can apply after May 2015.

If you apply Inland and include an application for an Open Work Permit, you might be able to start working again around August 2016.

You cannot get an extension, or implied status, for a working holiday visa. So you will stop working after April 2015 no matter how you apply.

If you apply Inland, you can start working some time after August 2016, maybe.

If you apply Outland, you might have PR before that. Which country are you from?

 

[taffy7]

My visa and work permit will expire next april, 2015. And I want to send out my app in Jan 2015, at least 2 or 3 months before it expires. And I dont know what to believe, that is why Im asking question So........ If I dont send an app for an open work permit, am going to be able to get that implied status????

Paloma believe these forum member they are very experience. If it wasn't for them i wouldn't have had a clue how to even start an application . We need to know what country you are from to advise you more and in the right direction.

 

[Paloma1988]

You MUST prove 12 consecutive months of living together to apply as common-law. So you can apply after May 2015.

If you apply Inland and include an application for an Open Work Permit, you might be able to start working again around August 2016.

You cannot get an extension, or implied status, for a working holiday visa. So you will stop working after April 2015 no matter how you apply.

If you apply Inland, you can start working some time after August 2016, maybe.

If you apply Outland, you might have PR before that. Which country are you from?

I am from Chile.... I know you most of you here have way more experience than me in this, but I know people that has the owrking holiday that have gotten the implied status, so there is where I get all my doubts, because some people say yes you can and other people say its impossible....

 

[scylla]

I am from Chile.... I know you most of you here have way more experience than me in this, but I know people that has the owrking holiday that have gotten the implied status, so there is where I get all my doubts, because some people say yes you can and other people say its impossible....

They only think they have implied status. They are actually working illegally and just haven't been caught.

 

[screech339]

I am from Chile.... I know you most of you here have way more experience than me in this, but I know people that has the owrking holiday that have gotten the implied status, so there is where I get all my doubts, because some people say yes you can and other people say its impossible....

Perhaps this may convince you. Notice in red at bottom of letter given to PRsoon.

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

------------------------------------------------------------

 

[Alurra71]

I am from Chile.... I know you most of you here have way more experience than me in this, but I know people that has the owrking holiday that have gotten the implied status, so there is where I get all my doubts, because some people say yes you can and other people say its impossible....

The only way they would have 'implied status' would be if you include the OWP with your PR application, but then quit working after your IEC expires. You would benefit from implied status, but that implied status would be that of a visitor and not a worker. The only way for you to 'extend' your IEC is if your country allows you to apply for or have more than one IEC. A few countries allow up to a maximum of 2.

You can not have implied status and continue working on your current IEC permit after it expires.