IEC visa expiring soon - how to stay?

[daveclark]

Hello,

I am a UK citizen currently living in Canada (since August 2011) on a 1 year IEC "working holiday" visa. I am eligible to apply for a second time under this scheme but it is at full quota for the year, so I am seeking a way to prolong my stay. I am filing an spousal application for PR having lived with my partner (a Canadian citizen) for the last 3 years in both the UK and Canada. Am I right in thinking that this permits me to stay in the country while my application is processed?

Additionally, I have an offer for a 6 month contract as an Events Manager for a Slovak company (within EU) but I would be based in Toronto for this. As my work permit under IEC expires in August, I cannot currently fulfill the 6 months of the contract. Does the fact that I would be employed and paid by the Slovakian entity affect my eligibility to work, or is it the location I reside when working that matters? The other sticking point for work permits is that while this is a professional position, I have less than 2 years of experience in this field.

I am first and foremost seeking a way to remain in the country with my partner and continue to support myself financially. I would also really love to be able to accept the employment I have been offered.

Any knowledge or guidance would be greatly appreciated, thanks.

 

[scylla]

Since you are from the UK, make sure you apply for spousal sponsorship using the "outland" route (not inland). Outland is much much faster for UK citizens.

No - applying for spousal sponsorship does not permit you to stay in the country while the application is being processed. You must keep you status valid separately (i.e. once your working holiday visa is close to expiring, apply to change your status to a visitor - note that you won't be able to work as a visitor).

If you want to accept the six months contract, then I believe the company would have to obtain an approved labour market opinion and then you would have to apply for a work permit to be able to work past the expiry of your IEC visa.

 

[daveclark]

Hi, thanks very much for your response. Is it relevant that I would be employed by and invoicing a Slovak based and registered company rather than Canadian? Would this allow me to work from home (in Canada) as a freelancer and as a visitor until my PR is approved, as Slovakia in within the EU? Or is it the country which I am working in that is relevant, not the country of my employer?

 

[daveclark]

There's another possible alternative that i'm not sure about the legality of. If I extended my stay in Canada as a visitor while my PR was being processed, and continued to periodically travel to work overseas on freelance projects for short periods, would this be allowed? If I was only paid for my work outside Canada, by a non-Canadian company?

 

[scylla]

There's another possible alternative that i'm not sure about the legality of. If I extended my stay in Canada as a visitor while my PR was being processed, and continued to periodically travel to work overseas on freelance projects for short periods, would this be allowed? If I was only paid for my work outside Canada, by a non-Canadian company?

Sure - you can work outside of Canada.

But as soon as you leave Canada the extension on your visit visa would be automatically canceled. This means that each time you are entering Canada you would be going entering as a visitor from scratch and have to go through the usual immigration inspection.

 

[MKK]

Hi All, can you give me some idea.? I am married, applying under skilled worker category for PR, can i apply individually and forward my documents as my wife and kid's documents are not ready for some reason.is there any restrictions in applying individually for a married person, what if i am not willing to take my family with me now...? Does my application gets reject..?Please suggest..

 

[Leon]

Hi All, can you give me some idea.? I am married, applying under skilled worker category for PR, can i apply individually and forward my documents as my wife and kid's documents are not ready for some reason.is there any restrictions in applying individually for a married person, what if i am not willing to take my family with me now...? Does my application gets reject..?Please suggest..

You must include your family in your application, either as accompanying or non-accompanying. If you list them as non-accompanying, they will still need to do the medicals and background checks. They will not get a PR visa but you can sponsor them later.

 

[MKK]

Thanks Leon, In such case their documents need to be submitted along with me..?, i am not including them because their documents are not ready as of now.

 

[scylla]

Thanks Leon, In such case their documents need to be submitted along with me..?, i am not including them because their documents are not ready as of now.

Yes - their documents must be submitted along with yours. Don't submit the application until all of your documents are ready.

 

[Leon]

You must include them. If you put their names on your application but send it with their documents missing, your application is incomplete and will be returned to you. If you leave their names off the application, you are committing misrepresentation and will never be able to sponsor your family as well as they could revoke your own PR if they find out.

 

[MKK]

Thanks a lot, Leon & Scylla.... So i shall wait for some other chance, may be LMO offer or other arranged employment.