Query on Closed work permit

[query5577]

I have closed work permit valid until March 2016. My project has ramped down and I am asked to go back to India in July 2015. My wife is working on spouse open work permit With the same expiry date as my closed work permit.

We have filed for our permanent residency in September 2014 and have received the AOR number (application number) in February 2015.

Can I go back to India and work for my employer. And can my wife continue to work in Canada on her spouse open work permit and rejoin my wife after our Permanent residency comes.

OR

Can I quit my job instead of going back to India and continue to stay in Canada and my wife to continue her job in spouse open work permit.

Appreciate response.

 

[nov_2014]

Yes as long as you are with same company, your closed WP is valid until expiry date and you wife can continue to work on her open work permit..

I have closed work permit valid until March 2016. My project has ramped down and I am asked to go back to India in July 2015. My wife is working on spouse open work permit With the same expiry date as my closed work permit.

We have filed for our permanent residency in September 2014 and have received the AOR number (application number) in February 2015.

Can I go back to India and work for my employer. And can my wife continue to work in Canada on her spouse open work permit and rejoin my wife after our Permanent residency comes.

OR

Can I quit my job instead of going back to India and continue to stay in Canada and my wife to continue her job in spouse open work permit.

Appreciate response.

 

[query5577]

Thanks for your reply.I still had the following questions:

1.You just said that I can go back to India and continue working in offshore and my wife can continue working here in her open work permit.Just wanted to know is this legally allowed under the Canadian immigration law,if yes ,did you see any such provision under the Canadian immigration law or have you read somewhere it's allowed,just wanted to be sure.If you could share any such link,that would be great.

2. Lets assume if I go back and my wife stays here,how do we take care of my PR application.I am waiting for medicals.So can my wife and kids do their medicals from Toronto and I from Bangalore,India. Do I need to inform CIC that only I am going back.Similarly can the passport request be handle from Toronto and Bangalore respectively?Wanted to know if there would be no hassles in the PR process and landing.

3.Lastly if I decide to quit my job in Toronto,can I continue to stay in Canada and my wife continue with her job in OWP till we get our PR.I would have to stay jobless as mine is an closed WP.

Friends ,please share as much information,any insight will be helpful.Your replies will help me take the right lawful step.Please advise.
Thanks

 

[Amisnic]

As the previous poster said:

1. You can go to India and work and your wife can stay here and work under 2 scenarios:

a: you work for the same company in India or anywhere as is stated in your closed work permit
b: you go anywhere in the world and work for anyone and your wife stay here and work on her open work permit provided you don't come back prior to the granting of your PR. Because as soon as you step back into Canada you and your wife will lose status of TFW as you no longer have bona fides of a TFW as you do not have a job anymore

2. You can stay here until your TFW Permit expires, your wife can keep working on her OWP. You can apply for a BOWP when eligible - i.e. 4 months to go on your TFW WP and/or you can apply now and give a good explanation for a BOWP if you have more than 4 months to go.

Thanks for your reply.I still had the following questions:

1.You just said that I can go back to India and continue working in offshore and my wife can continue working here in her open work permit.Just wanted to know is this legally allowed under the Canadian immigration law,if yes ,did you see any such provision under the Canadian immigration law or have you read somewhere it's allowed,just wanted to be sure.If you could share any such link,that would be great.

2. Lets assume if I go back and my wife stays here,how do we take care of my PR application.I am waiting for medicals.So can my wife and kids do their medicals from Toronto and I from Bangalore,India. Do I need to inform CIC that only I am going back.Similarly can the passport request be handle from Toronto and Bangalore respectively?Wanted to know if there would be no hassles in the PR process and landing.

3.Lastly if I decide to quit my job in Toronto,can I continue to stay in Canada and my wife continue with her job in OWP till we get our PR.I would have to stay jobless as mine is an closed WP.

Friends ,please share as much information,any insight will be helpful.Your replies will help me take the right lawful step.Please advise.
Thanks

 

[query5577]

Thanks Amisnic....Do you know anyone or anyone in this forum who was in a similar situation as mine andhe/she went back and re-entered Canada once the PR came while the spouse continued working in Canada for that period...Is this tried and tested?

Is there any link which you can share just for my information which allows for this provision?
Or anyone whom I can speak to who himself/herself has gone through the same scenario as mine.

Appreciate your advise.

Thanks

 

[query5577]

Friends,

Thanks for throwing light on my above questions.Really appreciate it.
Could you please also clarify the below:

1.Do I need to mail CPC Ottawa that I am going back to India and my family is staying in Toronto?Do I need to update Indian address or will there be 2 addresses(since my family will still be in Toronto and I in India)though it's a single PR application.Right now I have my Canadian address updated in CIC's records.
2.Can I do my medical In India and my wife and kids in Toronto?
3.Similarly,on getting passport request ,my passport I guess will go to New Delhiand my family will have to send their passports to the concerned authorities in Canada,is this allowed?
4.Lastly,completing the landing formalities separately ,will that be any issue?

These might be basic questions for some of you,but for me it's imperative that I am not doing anything illegal and unlawful which might endanger my PR application.

Hence any response to the above questions will be highly appreciated.Thanks once again.
Thanks.

 

[query5577]

Seniors,would appreciate if you could throw some light on the above questions.
@Amisnic-Please advise.

 

[Tonimir]

First you have to decide, what are you going to do? Want to return back to India?

Regarding your wife, there is nothing to worry about, her work permit allows her to continue to work without any issues at all for the period of the permit.

Now, regarding your eventual trip to India. Are you going there for a period more than 6 months?
Also, is your wife will be staying at the same resident/mailing address you have in the PR application?

You will be able to apply for an Open Work Permit in December 2015. (less than 4 months from March 2016)
So put it as a target for you to apply for an Open Work Permit by the end of the year.

 

[query5577]

@Tonimir-I am going to go back to India and work for my employer offshore.My wife and kids will stay in the same address updated in my PR application.

I applied PR in Sep 2014,I am hoping that PR should at least come by Nov or Dec 2015,so it's definitely going to be less than 6 months,since I am planning to leave for India in first week of July.

Can you now please answer those questions,as to how to take care of medicals /passport request/landing?Do you see any hassles?

Appreciate your response.Thanks so much.

 

[Tonimir]

Since you gonna go back to work off-shore from India for the remaining period of the PR Application, then I'd suggest you the following:

1) Notify CPC-Ottawa via email, that your resident address is changing for you only. ( I don't know if you gonna need to give them a different Mailing address for you only in India )
The PR Application dependent(s) are remaining unchanged, their Resident address, mailing address, working place is the same.

2) In the email, since you are sure that you gonna be in India until your passports got requested, it is good to remind them, that when they arrange the VISA for landing, they have to arrange the visa to be placed in India. (This applies only for you)

3) Regarding Medicals. Nothing difficult here. Whenever you get your Medical Request (for you and your wife) , she will go in Canada, and you will go in India for medicals CIC website has a list of supported Panel Physicians around the globe
( Link: http://www.cic.gc.ca/pp-md/pp-list.aspx | currently the website have some issues, it doesn't show any options to show )

4) Passport Request, the VO has to organize this. That is why, CPC-Ottawa has to know your resident addresses.

5) Landing, I'm afraid this one could be a bit tricky. From what I know, Landing all of you have to land together. Maybe when this comes, your wife can fly back to India for a visit and together you fly back to do your landing.

I hope I was helpful.

Regarding, the processing time, I'd recommend you not to rely too much on the timeline of 12 months that CIC is claiming. No one can be sure the "12 months" when actually starts, lol ... Your AOR is from February 2015, so they might consider the 12 months from this AOR date.

Also, expect CPC-Ottawa to decide to move your Application to Delhi Canada Embassy. Search in the forum about people, whom PR Application was transferred from Ottawa to Delhi. Check this thread here: http://www.canadavisa.com/canada-immigration-discussion-board/-t248107.0.html

Of course, nothing to worry about. All what I'm saying is just energize yourself with full capacitor of patience

 

[query5577]

@Tonimir-Thanks for such a detailed explanation.This really helped.Thank you so much...

 

[Amisnic]

To apply for BOWP one has to be in Canada.

@ Tonimir-I am going to go back to India and work for my employer offshore.My wife and kids will stay in the same address updated in my PR application.

I applied PR in Sep 2014,I am hoping that PR should at least come by Nov or Dec 2015,so it's definitely going to be less than 6 months,since I am planning to leave for India in first week of July.

Can you now please answer those questions,as to how to take care of medicals /passport request/landing?Do you see any hassles?

Appreciate your response.Thanks so much.

 

[Tonimir]

To apply for BOWP one has to be in Canada.

You are correct. For Open Work Permit to be issued, you have at least to be in Canada. Here is the link: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17