Work permit after sponsorship approved

[Suin]

Hello,
could you please advise whether there's a chance to get a work permit once the 1st stage of the outland application - sponsorship is approved?
Thank you in advance

 

[jdwhite21]

If its an out of country application for sponsorship, you can't get an open work permit after the 1st stage approval. You have to through the whole process of LMO, work permit, etc.

 

[Suin]

but if there's a work offer from the employer in Canada - will the application for the work permit be approved while the sponsorship application is sent to the local Visa Office?
thank you

 

[Boncuk]

It's called DUAL INTENT read up on it.. many threads on this forum

 

[Suin]

Hello, Boncuk, thank you for your reply to this question of mine.
I have read that post - Dual Intent - but I just do not know why the application for the work permit can be considered as a dual intent. The problem is that it is very hard for two loving people to be separated for months while the sponsorship is in process in the local visa office. There was an option to try to obtain a work permit so as to have a chance to stay together in Canada until the PR status granted. By no means we wanted to sound as a possibility of commiting the Dual Intent. Thank you that you warned us against doing it. We do appreciate it very much.

 

[jdwhite21]

I talked to the CIC office in Canada and dual intent is not a big deal... they told me that an individual whose application for Permanent Residence in Canada is pending is subject to the same requirements as others when seeking entry into Canada temporarily. The individual should therefore have a reasonable purpose for entry, be prepared to leave Canada at the end of the temporary stay and understand that if a Canada Immigration Visa is issued, he or she must leave and re-enter Canada in order to officially land as a Permanent Resident.

An application for Temporary Status may be scrutinized more closely when a Permanent Resident application is under review, as there is an obvious intention to settle in Canada permanently. If the individual’s ties elsewhere can be demonstrated, however, an application for Temporary Status should succeed.

I am sponsoring my husband right now, but we also got him a work permit so that he can work here for 2 years while the application process is taking place.

 

[Suin]

Thank you for your reply - I guess, you are filing inland application?

 

[jdwhite21]

Yes we are doing an inland application. Originally we were going to file one for out of country but the visa office where the application would get sent to would actually take longer than doing it here in Canada.

 

[Suin]

as I see - dual intent is explained as coming on one visa, and applying inland for another - but if the 1st stage of the outland application is approved will not it be a proof of that there's no intent to apply for inland? I guess, I am confused here a bit myself.

 

[Boncuk]

Yes that is fine for inland as that is the procedure to receive a work permit after first stage approval. It wouldn't be fair to have someone unable to earn funds for their family. Some inland applications don't get approval and are sent to local offices pending interview etc so the process can extend 12-24 months depending on which office it gets sent to . There are pluses and minuses to both situations. You have a chance of appeal as well with outland applications. I think they are so backlogged in Canada most people are wise to go through outland. Even some offices may state its 9-12 months average to get a PR but this is the average for the last 12 months since they last updated the website. So it is possible that they are processing faster than before. IE someone received their PR within 3 months when the average for that office was listed as 6 months.
Suin applying for a work permit or other is difficult these days as you have to find an employer that is willing to hire you that can prove this job cannot be filled by someone else already in Canada.. The times are tough these days and jobs are limited. Dual intent is not a big deal but it is something to keep in mind as much as people want to be with their loved ones as fast as possible it can almost seem too desperate.. Why not go through the due process.. etc etc the thread has a lot of different opinions and some from experience. So take it all into consideration