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Student to Work Permit while waiting for PR?

alylynn122

Newbie
Jul 30, 2018
5
1
Alright, so long story short, I have a Canadian spouse who is sponsoring me for Permanent Residence. In order to be able to work so I could save up money for the application, I took a study permit (open work permit for 20 hours off campus) and used my student loans from the US (where I am a citizen) to pay for the school. I lost that funding due to slipping grades (the school fought me on accommodation for my ADHD for 2 years and I ended up getting a C- average). Now I owe $3,000 for the winter semester, and they won't release my transcripts or let me register for classes until that is paid. So I can't enroll for the semester or transfer to another school as they won't give me the paperwork.

I have been working for Petro Canada (gas station) for a year, in full compliance with my work permit, but come September I will not be enrolled in school and thus my student visa will be void, and my work visa will be as well. I am applying for PR before that happens (this week) under the spouse sponsorship with an open work permit application. My question is, can I work while I wait for that or do I need to stop come September? I am still officially enrolled at the school, but I know taking a semester off isn't an option for international students.

The open work permit I have been told takes about 60 days to process, but probably more. My current employer has no idea what a LMIA is or how to get one, so I'm not holding my breath for a work permit tied to my company, and don't have the skills or degrees to get an express entry job that is LMIA exempt.

So, what are my options? Is there any way I can work while I wait for my open work permit to be accepted? I don't want to violate my current student visa.

Thanks!
 

scylla

VIP Member
Jun 8, 2010
94,889
21,538
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
Alright, so long story short, I have a Canadian spouse who is sponsoring me for Permanent Residence. In order to be able to work so I could save up money for the application, I took a study permit (open work permit for 20 hours off campus) and used my student loans from the US (where I am a citizen) to pay for the school. I lost that funding due to slipping grades (the school fought me on accommodation for my ADHD for 2 years and I ended up getting a C- average). Now I owe $3,000 for the winter semester, and they won't release my transcripts or let me register for classes until that is paid. So I can't enroll for the semester or transfer to another school as they won't give me the paperwork.

I have been working for Petro Canada (gas station) for a year, in full compliance with my work permit, but come September I will not be enrolled in school and thus my student visa will be void, and my work visa will be as well. I am applying for PR before that happens (this week) under the spouse sponsorship with an open work permit application. My question is, can I work while I wait for that or do I need to stop come September? I am still officially enrolled at the school, but I know taking a semester off isn't an option for international students.

The open work permit I have been told takes about 60 days to process, but probably more. My current employer has no idea what a LMIA is or how to get one, so I'm not holding my breath for a work permit tied to my company, and don't have the skills or degrees to get an express entry job that is LMIA exempt.

So, what are my options? Is there any way I can work while I wait for my open work permit to be accepted? I don't want to violate my current student visa.

Thanks!
No - you cannot work while you wait for your open work permit to be accepted. You have to stop working at the end of the summer. If you aren't physically attending school in September, then you cannot legally work (either full time or part time). Submitting the OWP does not give you the right to work while you wait for it to be processed. You will have to wait until the OWP is approved before you can start working again.

OWP will likely take 4 months to process - but it's possible it could be done a bit sooner.
 

canuck78

VIP Member
Jun 18, 2017
54,488
13,211
@scylla If he doesn't attend school in the fall would have have the right to work full-time over the summer? He had already lost his funding after the fall term (I'm guessing) and didn't pay for the winter term. You could have easily stayed in the US in order to make enough money for your application. You are probably losing money since you now have loans and debts. Your school debt will probably end up in collections so you need to pay that asap and should delay your application if you don't have enough money for the proof of funds and application fees if you pay off your school fees. This is a very convoluted and expensive way to remain living together. Would have been faster to work full-time in the US and apply for outland sponsorship much earlier.