PR and Work permits

[ajcreggan]

Hello all, My wife and I married just over 2 months ago, and I have but a few days until my visitors visa runs out in Canada. I have my extension and application for permanent residence completed and all my documents in order, all my bacckground checks and medicals done. I am ready to send them to Vegreville.

I have hired a lawyer who advised me to apply for an extension on my visitors visa, mail in my application for permanent residence and then apply for a work permit. However, i just got off the phone with Canadian Immigration and the agent said that i should apply for Permanent Residence along with a work permit application , and not to bother with the extension. This is because if apply for a work permit and an extension it would give me two difference immigration statuses, making the extension redundent. Is this true!

Should i leave out the extension, and send in the Work Permit with the application for permanent residency. If so does my status get frozen until i heard back?

Thank you to all in Advanced - It seems like people helping people works better than hiring a lawyer!

 

[dony h]

You have done the correct things in applying your permanent residency in accordance with the official rules and regulation published by the Citizenship and Immigration. Why bother to hire a lawyer who gave you the wrong advice of applying a work permit prior to your PR application pending final approval. Furthermore, you have got no help from the Immigration agent who has mislead you to apply for a work permit along with an extension of your visa which was ,by the way, amount to a conflict of interest, if not contraditory to the rule of law. I wondered!

 

[Karlshammar]

You will not get a work permit until you receive approval in principle, and since your status is likely to expire before that time you would become illegal if you don't apply for an extension.

It sounds like your lawyer was right to me.

 

[dony h]

I have a personal interest in this case as my son and daughter-in-law was encountering a similar situation with advisors who do not interprete the rule of law as a law abiding citizen. Let us go to the CIC web site and to review what was written: "Maintaining legal status in Canada. You have two options available to ensure that your legal temporary status in Canada remain valid until permanent residency confirmed.

1. You can apply for both an extension of your temporary resident status and permanent status at the same time. If you choose this option, complete both an application to extend your status and an application for permanent residence."

And don't forget that you should apply for your extension at least two months before your temporary resident status expires. You may look up option 2 on your own.

 

[prof456]

Hello all, My wife and I married just over 2 months ago, and I have but a few days until my visitors visa runs out in Canada. I have my extension and application for permanent residence completed and all my documents in order, all my bacckground checks and medicals done. I am ready to send them to Vegreville.

I have hired a lawyer who advised me to apply for an extension on my visitors visa, mail in my application for permanent residence and then apply for a work permit. However, i just got off the phone with Canadian Immigration and the agent said that i should apply for Permanent Residence along with a work permit application , and not to bother with the extension. This is because if apply for a work permit and an extension it would give me two difference immigration statuses, making the extension redundent. Is this true!

Should i leave out the extension, and send in the Work Permit with the application for permanent residency. If so does my status get frozen until i heard back?

Thank you to all in Advanced - It seems like people helping people works better than hiring a lawyer!

The immigration officer is right. As far as you send in your PR application + WP application before your status expires, you should be fine. In principle, until you hear from Immigration, you have an implied status. Extending the visitor's status is quite redundant.

 

[Karlshammar]

It is my understanding that they do not begin to process the open work permit application until it is time for them to grant approval-in-principle, meaning that he could become an illegal before that time. Someone please correct me if I'm wrong.

 

[job_seeker]

Apply for the extension of visitor status. Submit PR/OWP Application together.

 

[dony h]

It is my understanding that they do not begin to process the open work permit application until it is time for them to grant approval-in-principle, meaning that he could become an illegal before that time. Someone please correct me if I'm wrong.

They don't and need not to process open work permits while you were applying under the family class sponsorship program. Once you were successful in your application you will be able to work legally without asking.

 

[Karlshammar]

Yes, Dony, but between the time of approval-in-principle and granting of PR you need a work permit to work.

That aside, it was not what the questions was about.

 

[dony h]

Yes, Dony, but between the time of approval-in-principle and granting of PR you need a work permit to work.

That aside, it was not what the questions was about.

I do agree

Granted that you were correct, Karl; I know where are you coming from knowing that you need a work permit to work but you should observe the rule of law in case of a family class sponsorship program which reads as follows: "When you sponsor persons...you must sign an undertaking ...promising to provide financial support for their basic requirements...food, clothing, shelter and other basic requirements for daily living. Dental care, eye care and other health needs not covered by public health services...

I know people do need work but this is an exception!

 

[Karlshammar]

I don't understand where you are coming from. First of all, the question was about legal status and the need to file an extension of stay, and not anything else.

Second of all, you agreed with me that you need that work permit to work, so I guess we are all set then.

 

[wasted_year]

just listen to your lawyer, isnt that why you hired him? our lawyer got my husband an extension on his visitor's visa 3 months before his was going to expire.

as for the work permit application, you should send it in with your residency application. once you have first stage approval they will then issue you your open work permit at the same time. we didnt send his application for work permit until we had first stage approval and that wasted another 2 months to process the work permit.

 

[Karlshammar]

Hello Mr. Attitude,

I am a Permanent Resident of Canada and do have the right to work. We are not speaking about me, however. The question was from the original poster, which was regarding how to maintain legal status in Canada.

Since you seem to be so anti-immigrant and pro-law, surely you agree that a person making an attempt to comply with the laws of Canada is doing something honorable and should be supported?

You seemed to believe that we owe you a right to work while applying for permanent residency. In the meantime, while you were waiting for that approval you may stay in your place of original residency whereby you don't need to apply a work permit in order to make a living.