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TRV - PR and in between Working Visa .. Possible?

nash_avatar

Star Member
Jul 8, 2011
187
40
Brampton , Canada
Category........
FAM
Visa Office......
Buffalo , USA
App. Filed.......
23 Nov 2011
Passport Req..
12/12/12
VISA ISSUED...
19/12/2012
LANDED..........
09-02-2013
Hi Guys,
I was just wondering about one thing about TRV - PR and work visa of Canada. I am on H1B in USA.
Here is my case.
One option.
I have a TRV to Canada. I am also trying to apply for my PR there as my wife resides there and she is a Canadian citizen. I don't want to be job less and PR process takes 1 year or more and me and my wife want to be together ASAP.
So, I am trying to find a job in Canada. Can I get work permit if I am on TRV and My PR is on file? and If i can get work permit and my work permit expires before my PR(inland) approves, can I stay in Canada on the basis of my TRV?
If yes, can TRV be extended until I get my PR?
??? ??? ??? ??? ???
The Other option is i can stay here in USA for 1 year and move there after PR (out land) is done. :p
:-\ :-\
Can Any body have knowledge about it, please give me some information.
Thanks ,
N V
 

Kaycee1

Hero Member
Jan 17, 2011
398
11
Edmonton, Alberta
Category........
Visa Office......
Paris
Job Offer........
Pre-Assessed..
App. Filed.......
20-01-2011
Nomination.....
Sponsor Approved 24-02-2011
AOR Received.
02-03-2011
Med's Request
In process 20-05-2011
Med's Done....
26-04-2011
Interview........
Waived
Passport Req..
17-06-11
VISA ISSUED...
15-06-11
LANDED..........
14-08-11
To get a work visa for Canada, your prospective employer has to get a positive Labor Market Opinion (LMO) which shows that they have been unable to find a Canadian suitable for the position. Then once they have that and you have a contract/job offer from them, you can submit it for your work visa. The whole process is completely separate from your Permanent residency. If you can find something like this, whether you have a PR application on file or not shouldn't matter.

You can also do an inland application while staying in Canada and apply for an Open work permit along with your application, but that isn't granted until about 9 or 10 months when the first stage of approval is done, so you wouldn't be able to work for that length of time.
 

omm

Champion Member
Aug 27, 2009
2,341
337
USA
Job Offer........
Pre-Assessed..
your wife is Canadian citizen!! than you don't need PR or work permit!! why don't you go for family sponsor visa!!

OMM

nash_avatar said:
Hi Guys,
I was just wondering about one thing about TRV - PR and work visa of Canada. I am on H1B in USA.
Here is my case.
One option.
I have a TRV to Canada. I am also trying to apply for my PR there as my wife resides there and she is a Canadian citizen. I don't want to be job less and PR process takes 1 year or more and me and my wife want to be together ASAP.
So, I am trying to find a job in Canada. Can I get work permit if I am on TRV and My PR is on file? and If i can get work permit and my work permit expires before my PR(inland) approves, can I stay in Canada on the basis of my TRV?
If yes, can TRV be extended until I get my PR?
??? ??? ??? ??? ???
The Other option is i can stay here in USA for 1 year and move there after PR (out land) is done. :p
:-\ :-\
Can Any body have knowledge about it, please give me some information.
Thanks ,
N V
 

RobsLuv

Champion Member
Jul 14, 2008
1,837
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
A spousal sponsorship visa will not get you a work permit until (inland) at least 9-10 months into the application process - so you'd have to be in Canada for at least that long without being able to work. If you apply outland, you could still visit Canada, or continue working in the States until your application is finalized - which would be within 11 months once the ap gets to Buffalo.

The only way to be able to work in Canada right away would be if you could find an employer who can offer you a job that they can prove nobody else but you is qualified to do. That's the "positive Labour Market Opinion" referred to earlier. With that and a job offer, you go to CIC and apply for a restricted work permit. It would not interfere with your permanent resident application and you could still apply outland (faster processing and right of appeal) even if you were in Canada on a work permit. However, typically getting a WP this way will take longer than getting spousal permanent status via the outland process.

My advice: if you have to work, stay in the States and work while being sponsored outland and just come up to visit as often as you can. A straight forward application process should easily finalize within a year.
 

nash_avatar

Star Member
Jul 8, 2011
187
40
Brampton , Canada
Category........
FAM
Visa Office......
Buffalo , USA
App. Filed.......
23 Nov 2011
Passport Req..
12/12/12
VISA ISSUED...
19/12/2012
LANDED..........
09-02-2013
omm said:
your wife is Canadian citizen!! than you don't need PR or work permit!! why don't you go for family sponsor visa!!

OMM
Yes Ommbhai
I will apply on family sponsor visa. :)
 

nash_avatar

Star Member
Jul 8, 2011
187
40
Brampton , Canada
Category........
FAM
Visa Office......
Buffalo , USA
App. Filed.......
23 Nov 2011
Passport Req..
12/12/12
VISA ISSUED...
19/12/2012
LANDED..........
09-02-2013
RobsLuv said:
A spousal sponsorship visa will not get you a work permit until (inland) at least 9-10 months into the application process - so you'd have to be in Canada for at least that long without being able to work. If you apply outland, you could still visit Canada, or continue working in the States until your application is finalized - which would be within 11 months once the ap gets to Buffalo.

I am quite naive but you mean second step right?

The only way to be able to work in Canada right away would be if you could find an employer who can offer you a job that they can prove nobody else but you is qualified to do. That's the "positive Labour Market Opinion" referred to earlier. With that and a job offer, you go to CIC and apply for a restricted work permit. It would not interfere with your permanent resident application and you could still apply outland (faster processing and right of appeal) even if you were in Canada on a work permit. However, typically getting a WP this way will take longer than getting spousal permanent status via the outland process.

You are 100% correct on this.

My advice: if you have to work, stay in the States and work while being sponsored outland and just come up to visit as often as you can. A straight forward application process should easily finalize within a year.
That is what i decided. Thank for advice, i am on right track so far. :D
It was really good answer.
just that 11 month is too long that is quite bugging me.
Thanks RobsLuv
 

Stumpedmom

Hero Member
Sep 16, 2010
541
14
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
22/03/2011 Receivd CPC-M
AOR Received.
16/06/2011
File Transfer...
06/05/2011 Received in Buffalo, 06/2011 to Los Angeles
Med's Done....
12/10/2010
Interview........
waived...obviously cuz we got the PPR
Passport Req..
16/8/2011
VISA ISSUED...
24/8/2011 in our hands 8/29/2011
LANDED..........
3/9/2011
omm said:
your wife is Canadian citizen!! than you don't need PR or work permit!! why don't you go for family sponsor visa!!

OMM
Completely and totally WRONG....just because you are married to a Canadian Citizen, does NOT give you the right to come to Canada with out a visa unless you are from a visa exempt country, even that is not a right, and in order to work YES you do have to have a work permit as listed above...