When to apply for PR.

[anns]

Hi

We came to canada on Aug 2012 with work permit(for my husband) valid for an year. I have SWOP and I started working on Dec 2012. We both are IT professionals.

When can we apply for PR status? do we have wait till the completion of a year or can we do it before? if so when? Instead of my husband can I be the main applicant?

Thanks
Anu

 

[Johnny31]

Hi

We came to canada on Aug 2012 with work permit(for my husband) valid for an year. I have SWOP and I started working on Dec 2012. We both are IT professionals.

When can we apply for PR status? do we have wait till the completion of a year or can we do it before? if so when? Instead of my husband can I be the main applicant?

Thanks
Anu

you can apply after you work for 12 months (Dec 2013 or after).

both of you are working? if so, either of you can be the principle applicant. whoever has the 12-months of work experience can apply as the principle applicant and the other can be the dependent.

 

[anns]

Thanks for the reply.

Yes we both are working. I'm on Spousal Open WP.

My husband would be completing 1 year by Aug 2013. But he is here on intra-company transfer and our WP is also valid only till Aug 2013. If we apply for a PR status by then, are we eligible to continue our stay here even if our WP/TRV doesnt get extended by my husbands company?

Is it legal for me to continue my stay till Aug 2013 in case my husband has to go back to india before that?

 

[Johnny31]

Thanks for the reply.

Yes we both are working. I'm on Spousal Open WP.

My husband would be completing 1 year by Aug 2013. But he is here on intra-company transfer and our WP is also valid only till Aug 2013. If we apply for a PR status by then, are we eligible to continue our stay here even if our WP/TRV doesnt get extended by my husbands company?

I'm not 100% sure, but if you don't have legal status / visa in Canada, you can't stay in Canada and you would need to apply from your home country. The process is the same, you'll just wait for your PR in your country instead of in Canada.

 

[saruyashi]

Hi

We came to canada on Aug 2012 with work permit(for my husband) valid for an year. I have SWOP and I started working on Dec 2012. We both are IT professionals.

When can we apply for PR status? do we have wait till the completion of a year or can we do it before? if so when? Instead of my husband can I be the main applicant?

Thanks
Anu

If you want to apply by CEC, you have to wait for a year experience. If you like to apply FSW, you may apply after May 04, 2013. Both need IELTS. If you start collecting documents now, you can apply through FSW.

 

[prasamp]

Thanks for the reply.

Yes we both are working. I'm on Spousal Open WP.

My husband would be completing 1 year by Aug 2013. But he is here on intra-company transfer and our WP is also valid only till Aug 2013. If we apply for a PR status by then, are we eligible to continue our stay here even if our WP/TRV doesnt get extended by my husbands company?

Is it legal for me to continue my stay till Aug 2013 in case my husband has to go back to india before that?

your open wp is issued on your husbands papers and you continuing post your his travel to india will be deemed illegal as the record will state clearly your paper depends on his papers. you might not see issues immediately but at the time of filing taxes CRA will know when the sIN was credited salary etc..there are so many things linked on our SIN. which province you are in? why dont you try for provincial programmes? r why not ask your employer to sponsor sometihng on PR side...convince your employer to offer you a new work permit so that you dont get dependent on your husbands paper.

hth

 

[anns]

My company is willing to process the work permit for me. But my husband is leaving this weekend. I also want to keep my daughter with me who is also on dependent on my husband's visa. When I submit my application I'm planning to make her my dependent so that she can stay with me.

But there might be a time gap between my husband return and my work permit application is submitted. So is it okay for myself and my daughter to remain here till then?

Is there any immigration lawyers whom i can talk to?

 

[jsm0085]

Yup lots of lawyers. Canadavisa.com has a lawyer, a quick search on google will give you lots of other lawyers. My lawyer is Chantal Desloges - Toronto.

Your situation I believe is as follows: -

- Husband has a 1yr permit based on intra company transfer.
- You subsequently have a spousal permit.
- Your husband will have 1 yr experience come Aug 2013.

If he cannot have this visa prolonged, then you will all have to leave Canada and apply from your home country. If, however, he can have the ICT extended for say another year, you can do the following: -

- Put in CEC application while working in Canada.
- Receive Acknowledgement of Receipt (AOR).
- As soon as you receive the AOR, you will then have the option to apply for the bridging open work permit, which allows you (and husband) to work for any company while the application is being processed. However you can only apply for this permit when their is four months or less remaining on the ICT work permit.

Hope this helps!

 

[Johnny31]

My company is willing to process the work permit for me. But my husband is leaving this weekend. I also want to keep my daughter with me who is also on dependent on my husband's visa. When I submit my application I'm planning to make her my dependent so that she can stay with me.

But there might be a time gap between my husband return and my work permit application is submitted. So is it okay for myself and my daughter to remain here till then?

Is there any immigration lawyers whom i can talk to?

What province do you live in? The lawyers that I personally know and trust are:

Tim Leahy- http://forefrontmigration.ca/home.php (Toronto and Calgary)
Mario Bellissimo - http://www.bellissimolawgroup.com/ (Toronto)
Portia Tang - http://www.lawyers-bc.com/0-directory-victoria/canada-immigration-lawyers-victoria.html#portia-tang-chinese (Victoria / Vancouver)

 

[RabbiGill]

Yup lots of lawyers. Canadavisa.com has a lawyer, a quick search on google will give you lots of other lawyers. My lawyer is Chantal Desloges - Toronto.

Your situation I believe is as follows: -

- Husband has a 1yr permit based on intra company transfer.
- You subsequently have a spousal permit.
- Your husband will have 1 yr experience come Aug 2013.

If he cannot have this visa prolonged, then you will all have to leave Canada and apply from your home country. If, however, he can have the ICT extended for say another year, you can do the following: -

- Put in CEC application while working in Canada.
- Receive Acknowledgement of Receipt (AOR).
- As soon as you receive the AOR, you will then have the option to apply for the bridging open work permit, which allows you (and husband) to work for any company while the application is being processed. However you can only apply for this permit when their is four months or less remaining on the ICT work permit.

Hope this helps!

I think jsm0085, has come up with a good solution if your husband can get the ICT extended. But, in case he doesn't then you would have to leave Canada. But, I believe you can still apply before leaving for PR, your eligibility under CEC would still be met. Also you have said that your employer is willing to offer you a closed work permit, my suggestion is, have it done. Furthermore, if your husband is leaving this weekend, is he leaving for good or is he coming back after some time? Because that might create some problems for the 12 month eligibility timeline under CEC.

 

[anns]

Thanks for all your replies.

My current status is


I have decided to apply for Work Permit through my employer, continue my work till I complete 1 year and then apply for PR.

I have some clarification regarding my work permit application. I'm on Open WP valid till Aug.

1) Is it 'Application to Change Conditions or Extend Your Stay in Canada as a Worker' that i need to fill up?

My kid has a visitor status (through my husband) also valid till Aug. She will be staying with me even if my husband leaves the country.

2) What do I have to do if I want to change the status of my kid ie. to make her dependent on me?

 

[jes_ON]

I have decided to apply for Work Permit through my employer, continue my work till I complete 1 year and then apply for PR.

I have some clarification regarding my work permit application. I'm on Open WP valid till Aug.

It's important that you clarify what you meant by "my husband is leaving this weekend." What do you mean, is he still employed, coming back, not coming back? This is important because your OWP is tied to his - if he left his job and Canada - according to PMM - your work permit is no longer valid.

http://www.canadavisa.com/canada-immigration-discussion-board/-t132187.0.html

 

[anns]

His stay has been extended for another couple of weeks. It is just his project with the client which is getting over. But his current WP is valid til Aug 2013 so is mine, so is our daughter's TRV.

He may or may not come back -- depends on his next assignment.

We have clearly clarified this with CIC and the answer we got was that, even if my husband leaves country, myself and my daughter can stay back till Aug 2013. But its always safer to process my WP and make my daughter dependent on me. We have clarified this point legally as well.