Switch from TFW to TRV

[frealaf]

Hello,

I am terribly confused regarding my situation. To brief you on my Canadian history. I am citizen of Czech republic (visa exempt country) came to Canada in February 2012 with my girlfriend (czech as well) via IEC, After expiration of our open work permits our employer received LMOs and currently we have work permits till march 2016. Shortly after we received our LMOs we applied for PNP. We obtained our nomination certificates but in the meantime situation got complicated and we are not going to submit our applications for PR as we don't intend to work for our employer anymore. We want to leave in January 2015 and then travel to US and back to Canada, to sell our truck and stuff and move back to Europe.

Now, I have some questions I cannot find answers for (and I may be confusing some things together as it is very difficult for me to make any sense of my situation).

A) Our employer is obligated to inform provincial government about termination of employment immediately after we quit. Does it mean that we are no longer considered to be workers and we are going to be without a status?

B) When we apply for TRV while still working, can we work until we receive the decision on our applications?

C) Can we apply online or do we have to send the applications to our embassy (for us that means Vienna)?

D) Or could we just apply to extend our stay as visitors, travel a bit in Canada and US (for approximately 3 months) and then come back to Canada (as we are from visa exempt country), sell all the things and leave the country for good? Or the only way to be granted with entry back to Canada is to apply for TRV? Or would immigration officer at the border consider us to be potential illegal workers/whatever?

During our stay in Canada we did everything by the books and we do not want to be left stuck at the US-Canada borders with all our belongings.

Thank you for any advice and help,

frealaf

 

[frealaf]

Or does it work like this:

Apply for TRV while on work permit -> work and wait -> receive TRV and work for a bit longer -> quit the job, change status to visitor and be able to travel freely out of/into Canada?

Makes sense to me, but can someone please clarify this?

Thanks in advance

 

[Jalex23]

A) Our employer is obligated to inform provincial government about termination of employment immediately after we quit. Does it mean that we are no longer considered to be workers and we are going to be without a status?

The WP allows you to work for the employer cited in the WP.

If you are working or not for that employer has no effect on the status given by the WP.

So you will be a worker until the expiration date of the WP.

B) When we apply for TRV while still working, can we work until we receive the decision on our applications?

TRV doesn't grant any status by itself.

In fact you are not eligible even to apply for a TRV as you are from a visa exempt country.

C) Can we apply online or do we have to send the applications to our embassy (for us that means Vienna)?

You are not eligible.

D) Or could we just apply to extend our stay as visitors, travel a bit in Canada and US (for approximately 3 months) and then come back to Canada (as we are from visa exempt country), sell all the things and leave the country for good? Or the only way to be granted with entry back to Canada is to apply for TRV? Or would immigration officer at the border consider us to be potential illegal workers/whatever?

I think you want to rethink this question after reading all of mine.

 

[frealaf]

Thank you for an answer Jalex23. I think it sounds reasonable, as I too was kind of questioning our eligibility to apply for TRV being from the visa exempt country, but...then I really don't know what to do, because even though my work permit is still valid for a long time, I've read that we might have a problem to come back to Canada once we leave, since we won't be employed, anymore. On top of that our work permits clearly states that they do not authorize re-entry, so I guess that some kind of a multiple entry visa (even though we don't need one in theory) would be nice, just to be sure.
If I got this right, do you have any recommendation how I should proceed? Or am I just worrying too much (it would be anything new to me)?

Thanks, I know that I have lot of questions, but I really feel totally lost and cannot see myself figuring this out by myself.

 

[Jalex23]

I've read that we might have a problem to come back to Canada once we leave, since we won't be employed, anymore.

Sure the officer will ask where are you working and when you say you are unemployed that will sound suspicious. I think honesty is the best policy.

On top of that our work permits clearly states that they do not authorize re-entry, so I guess that some kind of a multiple entry visa (even though we don't need one in theory) would be nice, just to be sure.

You are not eligible for a TRV as you are from a visa exempt country.

Work permits are not used for entering Canada. TRVs are the way to go if you are from a country that REQUIRES a VISA.

If I got this right, do you have any recommendation how I should proceed? Or am I just worrying too much (it would be anything new to me)?

You are overthinking it.

Go, do your stuff, when you come back tell the CBSA that you have a WP but are no longer employed. He would know how to proceed.