Temporary work permit and PR application

[billy218]

Hi guys,
We've just been swamped trying to figure all this stuff out the last couple of weeks, until I found this forum. It looks so great full of helpful people I had to ask my questions here.

I'm a Belgian citizen currently working and living in Alberta on a working holiday since June. I live with my girlfriend with whom I've been together for 2 years. We have lived together now for over 18 months of those 2 years.

End of May my work visa expires and were trying to get PR before that, or at least AIP. I've read that if you add a temporary work permit extension with your application for PR, you can continue working during the application time. Could somebody confirm this?

Also, on IM0008, they ask which immigration office requested ? Is this just "CPC Mississauga"? do you have to write an adress?

And whats the deal with the policestatement? Do i have to attach a letter of clear criminal records I got from my police in Belgium or do I have to do something with this letter? "Request for Police Certificates/Clearances and Authorization for Release of Information"


Any help or tips are sooo much appreciated, this stuff is soo insane.

 

[canuck_in_uk]

I'm a Belgian citizen currently working and living in Alberta on a working holiday since June. I live with my girlfriend with whom I've been together for 2 years. We have lived together now for over 18 months of those 2 years.

End of May my work visa expires and were trying to get PR before that, or at least AIP. I've read that if you add a temporary work permit extension with your application for PR, you can continue working during the application time. Could somebody confirm this?

Also, on IM0008, they ask which immigration office requested ? Is this just "CPC Mississauga"? do you have to write an adress?

And whats the deal with the policestatement? Do i have to attach a letter of clear criminal records I got from my police in Belgium or do I have to do something with this letter? "Request for Police Certificates/Clearances and Authorization for Release of Information"

Hi

There are 2 ways to apply, inland and outland. With an inland application, you can submit an Open Work Permit app with the PR app. As you are on a non-extendable working holiday visa, you would NOT be able to continue working after your permit expiry in May; you would have to wait until Stage 1 approval when you are granted the OWP to start working again. Stage 1 is currently taking about 11 months.

There is no advantage for you to apply inland, you are better off applying outland through Paris. Current posted processing time for Paris is 9 months, plus one month for sponsor approval. You can be in Canada while applying outland. Before your working holiday visa expires, you would need to submit an app to change your status to visitor to allow you to stay in Canada while the PR app processes.

On IMM0008, you would select Paris. All outland apps first go to Mississauga for sponsor evaluation; they are then forwarded on to the applicant's visa office.

You need to follow these instructions on getting a Belgian police cert http://www.cic.gc.ca/english/information/security/police-cert/europe/belgium.asp. If you have lived in any other countries for more than 6 months (except Canada), you will need to provide police certs from there as well.

 

[billy218]

Thank you so much for your reply!

I still don't quite understand.

My girlfriend called CIC and they told us to apply inland and then I would be able to work during my application. they send us this in an email:

" If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle."

Are you saying this doesn't work with a working holiday visa?

It doesn't really matter if i have to wait longer, i just want to be able to keep my job. If I have to wait 9 or 11 months starting now its still going to be past the expiry of my working holiday. What should I do?

 

[scylla]

Correct. The implied status rule doesn´t apply to working holiday visas because IECs cannot be extended. We´ve unfortunately seen several instances here where the CIC call centre has given out incorrect information regarding applying for PR inland and continuing to work on an IEC visa. Because IEC visas cannot be extended, you must stop working once you hit your expiry date and applying for PR inland (or outland) won´t allow you to continue working legally. As proof of this, we´ve seen two examples on this forum where people have run into serious problems with their inland applications because they thought they could continue working legally after the expiry of their IEC visas (under implied status) and CIC is now saying they were working illegally. In one case the applicant was refused landing as a PR even after the PR visa was issued (unfortunately she never came back to tell us what happened with her case). In the second example, the applicant´s first stage approval has been delayed while CIC looks into the illegal work.

In short, if you want to continue working legally past the expiry date of your IEC visa then your employer must obtain an approved Labour Market Opinion and then you will have to apply for a closed work permit attached to that specific employer (all this before your IEC expires).

 

[billy218]

Really?!

This is horrible news!

So is the IEC officially the worst way to come to canada then?

 

[scylla]

No - it's a great way to come to Canada! Only a few countries are allowed to participate and those that are, can come to Canada to work without first finding an employer and going through the LMO process. It's a great opportunity given that it's extremely difficult to find an employer willing to go through the time and expense to apply for an LMO these days. Hopefully you've established a strong relationship with your employer and they will be willing to deal with the LMO process. If not, then yes, you'll have to stop working for a few months and change your status to that of a tourist. But many have it a great deal worse than that (i.e. being separated from their spouses for many months or even years at a time).

 

[little_apple]

Can't you apply for a second IEC visa? That's what I did.

I came to Canada on a Working Holiday then applied for Young Professional and PR outland at about the same time. The other possibility is to find an employer with a positive LMO but that's kind of difficult right now because they changed the requirements a few months ago.

But even if you get a positive LMO there is no implied status and continue working for you until you actually hold your new work permit in your hands. Working after an expired IEC visa is always illegal even with an inland PR application in process.

Unfortunately almost every CIC agent on the phone tells you something else because they have no clue. IEC is not a "real" extendable work permit. It is a special agreement between two countries.

 

[billy218]

Sadly, belgium is not eligible for a young professionals program or a 2nd year extension.

If I was to apply with an outland visa, it says fase 1 only lasts 27 days. Would I have implied status or aip after that time? Would I be able to work then

I can't see why any employer would go through the lmo process. I have a good relationship with my employer but I'm just an hr consultant. I got that position through a very competitive interview process and I'm extremely happy that I got it. How could they possibly show that there are no Canadian people to do this job, when in fact there are hundreds..

I have 6 months until my work permit expires, and i just want to stay here and continue my job. I have the languages, a common law partner, good education.. . There must be something I can do?

 

[Sweden]

No - unfortunately, there isn't - you're in the same boat as lots of other applicants on this forum, and there is no "miracle solution" that will fix that. You can apply for Outland PR and hope that it comes through before the expiry of your IEC, or try and convince your employer that they could do an LMO ( but yes, it's difficult, for them, so it's unlikely).

Outland doesn't give you an AIP or a work permit after stage 1 - only once you're done.

The good news is: stage 1 is short, and stage 2 can also be short if you have an uncomplicated case. Visa-exempt, on an IEC visa, living together - if you don't have anything specific ( criminal background, previous children, previous sponsorship for your partner etc.), then it could be short. Paris is a fairly fast office, and you MIGHT be able to be done within 5 months - but it's pure speculation, and nobody will be able to guaranty anything... so apply as soon as you can, and hope for the best. Explain the situation to your employer, try and negotiate to see if you could be on unpaid leave if there is a gap between IEC and your PR coming through, etc.

Good luck,
Sweden

 

[billy218]

Ok I guess I will send it to Paris and hope for the best. Can I still send it from within canada or should I have my parents send it from Belgium? Maybe in order to not have a Canadian stamp on it or anything?

 

[canuck_in_uk]

Ok I guess I will send it to Paris and hope for the best. Can I still send it from within canada or should I have my parents send it from Belgium? Maybe in order to not have a Canadian stamp on it or anything?

It doesn't matter where the application is sent from. Outland and inland refer only to where the application is processed, not where the applicant is. It is perfectly fine for you to apply outland while in Canada.

The entire application must first go to Mississauga for sponsor evaluation. After sponsor approval, it will be forwarded on to Paris.