Maintaining my status in Canada

[jedmonds85]

Hi all,

So I've sent off my INLAND application for permanent residency through the spousal sponsorship route (applying from within Canada). My IEC work permit is due to run out on June 14th 2017 (just over 2 weeks from writing this). I am aware that this work permit cannot be extended, and for that reason I will be no longer eligible to work after this date, until my Open Work Permit is approved (which I applied for at the same time as applying for PR).

NOW, my question is this...although I know I have to wait to be able to work again, what will happen to my status in Canada between now and getting the Open Work Permit? I was led to believe that by applying for the new work permit, I am allowed to stay in Canada while I wait for approval. In fact, I believe I HAVE to stay in Canada now as it's an inland application. I sent my application and it was received into the Case Processing Center's mailroom about 4 weeks ago, although they have not yet begun processing.

Yesterday I saw this on facebook from CIC themselves:
"If you are in the middle of applying for permanent residence, it is very important to maintain your temporary resident status in Canada. Applying for PR does not grant temporary resident status."

Do I need to do anything in order to avoid breaking the law by staying in Canada? As far as I'm aware I'm not allowed to leave, but this implies that I'm not allowed to stay either. Any thoughts guys?

 

[sylvain1]

Hi all,

So I've sent off my INLAND application for permanent residency through the spousal sponsorship route (applying from within Canada). My IEC work permit is due to run out on June 14th 2017 (just over 2 weeks from writing this). I am aware that this work permit cannot be extended, and for that reason I will be no longer eligible to work after this date, until my Open Work Permit is approved (which I applied for at the same time as applying for PR).

NOW, my question is this...although I know I have to wait to be able to work again, what will happen to my status in Canada between now and getting the Open Work Permit? I was led to believe that by applying for the new work permit, I am allowed to stay in Canada while I wait for approval. In fact, I believe I HAVE to stay in Canada now as it's an inland application. I sent my application and it was received into the Case Processing Center's mailroom about 4 weeks ago, although they have not yet begun processing.

Yesterday I saw this on facebook from CIC themselves:
"If you are in the middle of applying for permanent residence, it is very important to maintain your temporary resident status in Canada. Applying for PR does not grant temporary resident status."

Do I need to do anything in order to avoid breaking the law by staying in Canada? As far as I'm aware I'm not allowed to leave, but this implies that I'm not allowed to stay either. Any thoughts guys?

I believe that applying for your OWP automatically extends your status in Canada until CIC make a decision on your OWP application.

 

[canuck_in_uk]

Yesterday I saw this on facebook from CIC themselves:
"If you are in the middle of applying for permanent residence, it is very important to maintain your temporary resident status in Canada. Applying for PR does not grant temporary resident status."

Do I need to do anything in order to avoid breaking the law by staying in Canada? As far as I'm aware I'm not allowed to leave, but this implies that I'm not allowed to stay either. Any thoughts guys?

Applying for PR doesn't grant status. However, you also applied for the OWP, which does maintain your status. You will have Implied Status after your current work permit expires while IRCC processes the OWP app.

You are perfectly within your rights to leave Canada. The risk with an inland app is that if you are refused re-entry into Canada, the PR app is considered abandoned and you have to start all over again outland.

 

[jedmonds85]

Thank you both - I assumed that was the way it should work but just wanted to double check!

 

[lukeaidan97]

Hi there yes simply by submitting a OWP Application with the Sponsorship Application you will have implied status but only as a visitor until your new open work permit arrives, IEC cannot be extended therefore you don't get implied status to work in Canada until you get your permit.

I submitted my application on April 10th and I received my work permit a few days ago so it took me just over a month but could take up to 4 months so don't worry if it takes a little longer.

When you get your OWP it'll state the validity period and when it expires I'm not sure if there is a standard time frame for the OWP or not or if they differ.