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Transition from temp-resident visa to PR - from Inside Canada - Will this work?

waxweasel

Star Member
Jul 29, 2011
148
0
I just noticed on the CIC website that there is a type of application for temp.visa workers living in Canada for a certain amount of time (3-5 years.min) to apply to transition to PR... - cic.gc.ca/english/information/applications/permit.asp

It simply states living in Canada on a valid temp res visa. Doesn't mention anything about work/skilled work/etc

This seems to only be something for temp.visa holders currently living in Canada to transition to PR, not for those outside the country.

Now here's my situation:

I am an Australian passport-holder who lived in Canada on a 2yr WHP (temp visa) from beginning of 2008 - beginning of 2010 - for 2 years, and then re-applied for the same visa again (Aus passport-holders can get multiple open 24-month WHP visas up to age 31), and was again approved for what was then a second 24-month visa. However after the first 6 months, I left Canada to return to Aus to undertake a study course and due to some family issues I had to deal with back in Aus (after living in Canada for 30 months)

My temp work permit is still Valid until June this year. Now what I am wondering is:

Can I return to Canada before June this year, and apply for PR based on 2x - 24-month consecutive temp.res visas (ie. 4yrs - even though I wasn't in Canada for 14+ months during the validity of the second)..... ?
Would this still count?

I know the CIC website states: Applicants must have lived continuously in Canada as permit holders for a minimum of three to five years - but wouldn't holding 4yrs worth of temp.res permits still qualify? Would anyone even know for certain whether I was in Canada continuously during that period or not? Since the Australian WHP visas are open work/travel permits under the Canadian Experience Class for youths under 31yrs, and it's probably hard to keep track of people travelling/working sporadically across Canada during the validity of their WHP-visa....

Would this work?

And if I return to Canada just before June again (before my WHP expires) and apply for this (based on "4-years 'living' in Canada on temp visas), I can still change my status when my WHP expires in June to a 6-month Visitor visa. That would give me "technically speaking" 4.5 years of "living in Canada" on valid temp visas, which should cut it for 3-5 year requirement....

What do people here think?
For all-intensive purposes, I am still living in Canada on that second WHP visa (even though I am currently physically abroad travelling), I still have a Canadian address (with a long term-subletter in my rental) and a Canadian bank account and social security card - although I have no record of employment for the last 14 months (though I could have been travelling the country, not working)

So if I return to Canada in the next few months and apply for this from within the country, as if I have lived there continuously the whole entire 4 years (the 2x 24-month work permits would suggest I had), you'd think I'd be eligible to apply for PR on this basis, right?

Any experts on this kind of matter?

cheers,

Ww
 
Jan 11, 2012
3
0
I'd phone one of the agents on the CIC.gc.ca "Contact Us" page (it takes some time and you have to try to get info via the automated system before it proposes you an agent by pressing 0). The info I have got from them has not been bad, and may be faster than waiting on this site.
 

scylla

VIP Member
Jun 8, 2010
95,856
22,114
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
Unfortunately this application stream doens't apply to you. This process is for people who are here on a temporary resident PERMIT (Minister's Permit). This is not the same thing as a temporary resident VISA. Temporary resident permits are given to people who would otherwise be inadmissible to Canada. It's a special and fairly rare category.
 

scylla

VIP Member
Jun 8, 2010
95,856
22,114
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
Just to add - if you have two years of skilled work experience in Canada, you should look into the Canadian Experience Class immigration stream to see if you might qualify to immigrate via that route.
 

waxweasel

Star Member
Jul 29, 2011
148
0
scylla said:
Just to add - if you have two years of skilled work experience in Canada, you should look into the Canadian Experience Class immigration stream to see if you might qualify to immigrate via that route.
Thanks for the reply scylla!

Ahhh I see... I didn't realize there was such a big difference in the wording - permit v visa. I just know I had work permits through a temporary visa, so this seemed to me to be exactly what that category was referring to. ugh!

I am not eligible under the Candian experience class, as I have been out of Canada for over 1 year. The experience must be within 12 months of applying under that category. but thanks...
 

scylla

VIP Member
Jun 8, 2010
95,856
22,114
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
waxweasel said:
ps.

just out of curiosity.... what exactly is a 'Minister's permit' ?

Is that for foreign diplomats?
Here's a good summary:

http://www.canadavisa.com/canadian-temporary-resident-permit.html