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Is it possible to switch from Family Class to Temporary Worker?

egerman41

Full Member
May 13, 2016
34
13
Hi all,

I was hoping I could get some advice.

I am from the US and I submitted a Family Class (Inland Common Law Partner) PR application in January 2016. I received an Open Work Permit in May 2016, but have not yet paid the Right to Permanent Residency Fee and have not received Approval in Principal.

My partner has decided to end our relationship. What, if any, are my options for staying in Canada?

Is it feasible to switch from Family Class to Temporary Worker, Express Entry, or Canadian Experience Class?
I am employed at a private language school as a teacher at 25 hrs/week.

Appreciate any and all advice.

Thanks!
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You can remain in Canada and work as long as your open work permit is valid.

To switch to a temporary work permit (close work permit), you would need a full time job offer from an employer in Canada and an approved LMIA. An LMIA is unlikely to be approved for a teaching position - however your employer can certainly try.

You cannot switch your application to Express Entry or CEC. However you can certainly create an Express Entry profile and hope to have enough points to be selected under an economic immigration program.
 

profiler

VIP Member
Aug 10, 2016
9,456
2,846
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
Med's Request
Upfront; Passed
Interview........
Waived
LANDED..........
05-MAY-2017
Assuming your OWP has been issued for the two full years, if you found another partner, you could potentially have enough time to build the Common Law requirement again as well.

Not that I'm recommending that fast of a transition, it's possible to refile.

Additionally, you could apply for a study permit and attend post-seconday education...
 

egerman41

Full Member
May 13, 2016
34
13
Hi Profiler and Scylla, thanks for your responses.

I don't think I am interested in another Common Law process or post-secondary education (at least at international student prices). I might look into creating an Express Entry profile.

I would actually be OK with remaining in Canada just for the period of my open work permit, since that lasts until May 2018, but I thought that if my partner were to cancel the PR application my OWP would be voided. Is this not the case? Is my OWP still valid even if my PR application is revoked and/or I don't pay the Right of Permanent Residency fee?
 

profiler

VIP Member
Aug 10, 2016
9,456
2,846
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
Med's Request
Upfront; Passed
Interview........
Waived
LANDED..........
05-MAY-2017
egerman41 said:
Hi Profiler and Scylla, thanks for your responses.

I don't think I am interested in another Common Law process or post-secondary education (at least at international student prices). I might look into creating an Express Entry profile.

I would actually be OK with remaining in Canada just for the period of my open work permit, since that lasts until May 2018, but I thought that if my partner were to cancel the PR application my OWP would be voided. Is this not the case? Is my OWP still valid even if my PR application is revoked and/or I don't pay the Right of Permanent Residency fee?
You paid for the OWP holder fee and the OWP. You can use it as long as it is valid (the date on it).