Work permit extension during waiting for PR result

[rjessome]

rjessome,

My husband is from Greece. He can go in to the USA with no problems. He does not need a visa for Canada or the USA.

You know how they say if you apply inland then it is not a good idea to leave Canada because if you leave and come back and they do not let you in then your application becomes null and void. That is what I would be worried about.

I spoke to a co-worker that is doing the exact same thing with getting an LMO and he told me that you just explain at the border what you are doing and they will let you cross and then come back in as they see these things all the time. Plus, you do not actually go in to the USA as there is bridge to cross before you get in to the USA and the bridge is where you turn back around to come in to Canada.

Yes, it's called flagpoling and you make it VERY clear when you hit border guards at the US side that you (hubby) do NOT want to enter the US. You tell them you are flagpoling. It's common and they are used to it.

Unfortunately yes, immigration breeds paranoia! But with an LMO, everything should be fine. Be completely honest at both borders and take a copy of your inland application and fees receipt with you. Show them you are playing by the rules. They like that.

 

[angtao]

Thanks rjessome.

You are awesome. How do you know so much about everything?

 

[lorela]

hi rjessome,

thanks for reply well you answer me right but the problem I am a contract foreign worker and my work permit is already expired
I'm still working in the same company and my PR application and OWP is on process. But somebody told me that i still need to extend my working permit. I keep telling them my application is already on process and I'm Implied status. but they said open work permit and extension is different and im gonna have a trouble in Service Canada cause my SIN is expired.

Do you know about this? Do you think that is gonna affect the processing of my PR application
if i contineous working and my SIN is expired .

hope for the answer.
thank you.

 

[rjessome]

hi rjessome,

thanks for reply well you answer me right but the problem I am a contract foreign worker and my work permit is already expired
I'm still working in the same company and my PR application and OWP is on process. But somebody told me that i still need to extend my working permit. I keep telling them my application is already on process and I'm Implied status. but they said open work permit and extension is different and im gonna have a trouble in Service Canada cause my SIN is expired.

Do you know about this? Do you think that is gonna affect the processing of my PR application
if i contineous working and my SIN is expired .

hope for the answer.
thank you.

You sent in your inland spouse application and OWP before the WP expired right? If that is the case, you are on implied status. Tell them they don't understand the process for inland sponsorships. Or ignore them. Probably easier. I wouldn't worry about your SIN number expiring. CRA is not going to hunt you down and tell you to STOP paying taxes to them. No, they are used to the implied status thing. If anything, they would contact your employer before they contact you. Leave well enough alone and don't worry about the SIN. I would be more worried about health insurance. Implied status does NOT give you the right to provincial health insurance. Get some private health insurance to cover you until you receive the OWP.

 

[lorela]

rjessome,

thank you so much for the information.
your so kind!!!

 

[Lavenderyyt]

Hi,

What you should have done was send the WP extension WITH the Inland application. Then you could have remained working on implied status. Technically, you are not supposed to be able to do that as you cannot extend a PGWP. However, it's being done and CIC is turning a blind eye to it since it kind of contradicts itself given the Regs that RobsLuv already posted.

Now you are in a tricky situation. I believe you must now apply for restoration as a visitor because you missed your window of opportunity. Hmmm, would your employer be willing to apply for an LMO for you? No advertising requirements if it's a skill category 0, A or B position. Either way, you have to stop working NOW since you've received a refusal.

Unfortunately, the suggestions of sending the application with the request to NOT assess until AIP is not going to work. CPC Vegreville is processing them as they get them and not matching them up.

PMM might also be able to shed some insight on this too. He really knows his stuff and is much more adept at the inner workings of CIC than I am and may know of a loop hole. I doubt there is one but if anyone knows, he would.

Hi, rjessome

I have another question now. Do you know how much money should I have to apply a visitor visa in order to extend my stay in Canada? My work permit does not expire yet. If I try to apply another one and addressing I have sent out my PR application on Feb 24th, 2011. Is there any chance I can get an extension? Thank you so much.

 

[rjessome]

Hi, rjessome

I have another question now. Do you know how much money should I have to apply a visitor visa in order to extend my stay in Canada? My work permit does not expire yet. If I try to apply another one and addressing I have sent out my PR application on Feb 24th, 2011. Is there any chance I can get an extension? Thank you so much.

Money won't really be an issue as you are living with your sponsor and have applied through the inland process. You must advise them of this in your Change of Conditions application, send a copy of your fees receipt for the inland process (because you may not have a file number yet) and just be honest about the money you have. CIC will expect that your sponsor will also support you financially through this wait period until you get AIP (hopefully) and their policy it seems is NOT to kick you out of Canada while that application is ongoing, assuming you are following all the rules. So show what you have and while more is always better when it comes to money, it is not such a big issue given the other factors. Your sponsor should also sign a letter for you to include in your application that they will be responsible for your financial needs.

 

[suenim]

Hi, rjessome

I have another question now. Do you know how much money should I have to apply a visitor visa in order to extend my stay in Canada? My work permit does not expire yet. If I try to apply another one and addressing I have sent out my PR application on Feb 24th, 2011. Is there any chance I can get an extension? Thank you so much.

Since you have had study/work permits, she would have a client ID #. You could try and explain like you did here and see if what happens. Most likely, the OWP would not be issued until AIP though.

 

[karinn]

Hello, rjessome.
My husband first came to Canada with Study permit and then his private school applied for him a work permit (which I believed it is a co-op work permit since it states the employer is the school), but the school's program is 2 years (1 year study and 1 year co-op). The school was not helpful at all in finding a co-op job for him, that's why he had to find by himself. He finally got a full time job in Edmonton, Canada, this job which is not related at all with the school's co-op program.

- His study permit and that "co-op" work permit will expired this August 2011

- His employer (which is a small company) does not agree to do the LMO. He is working as computer tech.

- His TRV is one way, which is crossed by the immigration officer when he first entered into Canada.
We already got marriage certificate (married date was April 17,2011). I am currently is permanent resident of Canada. We are planning to do spousal sponsorship in-canada class application.

SO, OUR QUESTIONS ARE:

- How should he apply for a Open work permit? Is he working now considered legal or illegal? Can he change status from co-op work permit to an open work permit?

THANK YOU SO MUCH FOR ANY HELP / SUGGESTIONS
WE APPRECIATE YOUR IDEAS

 

[rjessome]

If you are applying via In Canada spousal send in the application for the OWP with the inland sponsorship. It should keep him on implied status and he may be able to continue working. It's a gray area really. Technically he shouldn't be able to extend the co-op work permit without an LMO but CIC has been allowing all kinds of things when it comes to this implied status on inland sponsorships. I don't like giving advice on this because the rules say he needs an LMO but CIC has been allowing this stuff. If you send in the application for inland sponsorship and the OWP (you MUST send this at the same time) BEFORE his current status expires he will definitely remain in status and be able to stay in Canada but it's the ability to work that remains a gray area.

 

[karinn]

If you are applying via In Canada spousal send in the application for the OWP with the inland sponsorship. It should keep him on implied status and he may be able to continue working. It's a gray area really. Technically he shouldn't be able to extend the co-op work permit without an LMO but CIC has been allowing all kinds of things when it comes to this implied status on inland sponsorships. I don't like giving advice on this because the rules say he needs an LMO but CIC has been allowing this stuff. If you send in the application for inland sponsorship and the OWP (you MUST send this at the same time) BEFORE his current status expires he will definitely remain in status and be able to stay in Canada but it's the ability to work that remains a gray area.

Thank you so much for your help rjessome!!!!!!!!!!!!!!
I have another question: he needs another TRV, are we mailing it as an individual application? If he can get a new multiple TRV, can we go back to our country in Dec 2011 during this PR process, is there a possibility that he will be stopped by the custom officer and our PR application is cancelled? (I knew that we are advised not to go out)

 

[rjessome]

Thank you so much for your help rjessome!!!!!!!!!!!!!!
I have another question: he needs another TRV, are we mailing it as an individual application? If he can get a new multiple TRV, can we go back to our country in Dec 2011 during this PR process, is there a possibility that he will be stopped by the custom officer and our PR application is cancelled? (I knew that we are advised not to go out)

If he gets the TRV before he leaves Canada then he should be allowed re-entry with no problems. However, I strongly advise that he applies for the TRV before he leaves Canada and waits for a decision before making travel plans. If he is refused, then don't leave. Also, you are messing around with his implied work status. I told you this was a gray area. If he gets the TRV, leaves and then re-enters, he may be issued a visitor record at the POE and then he can't work FOR SURE. This stuff is tricky and you are already walking a fine line with the implied work status. Be careful.

If he wants to go home and wait out the processing of the PR application, file outland.

 

[karinn]

If he gets the TRV before he leaves Canada then he should be allowed re-entry with no problems. However, I strongly advise that he applies for the TRV before he leaves Canada and waits for a decision before making travel plans. If he is refused, then don't leave. Also, you are messing around with his implied work status. I told you this was a gray area. If he gets the TRV, leaves and then re-enters, he may be issued a visitor record at the POE and then he can't work FOR SURE. This stuff is tricky and you are already walking a fine line with the implied work status. Be careful.

If he wants to go home and wait out the processing of the PR application, file outland.

rjessome thankssssssssssss a lot for your advice we will definitely take it and follow the safe path by staying inside Canada. We couldnt do anything without your advice..Thank s so much!!!!!!!

Also, I have a question for IMM 1249 OWP form: i know that i should check off C box for initial work permit and write in D-My Request question 10 is "AND CHANGE CONDITIONS - I WOULD LIKE TO BE ISSUED AN OWP WHEN MY PR APP. REACHES THE FIRST STAGE APPROVAL". My question is : in that question 10, should I also check off "extend my stay in Canada until ....date" ?? OR just check off "change conditions" OR check off BOTH OF THEM ??? Sorry i'm a bit confused here Could u plss help me?

 

[rjessome]

rjessome thankssssssssssss a lot for your advice we will definitely take it and follow the safe path by staying inside Canada. We couldnt do anything without your advice..Thank s so much!!!!!!!

Also, I have a question for IMM 1249 OWP form: i know that i should check off C box for initial work permit and write in D-My Request question 10 is "AND CHANGE CONDITIONS - I WOULD LIKE TO BE ISSUED AN OWP WHEN MY PR APP. REACHES THE FIRST STAGE APPROVAL". My question is : in that question 10, should I also check off "extend my stay in Canada until ....date" ?? OR just check off "change conditions" OR check off BOTH OF THEM ??? Sorry i'm a bit confused here Could u plss help me?

No worries. Check both.

 

[NISHANTK14]

Re: NEED ADVICE!! URGENT

I arrived in Canada in 2003 as a student. I was a full-time student till 2008 and graduated in July 2008 with a bachelors degree. Currently, I hold a post graduation work permit. I have lived in Canada for almost 8 years.

I have applied for Permanent Residence under Canadian Experience Class in July 2010 and am awaiting a decision. My application was transferred by CIC from Buffalo, NY to The Canadian Consulate General in New York, NY to expedite the process on April 12/2011.

I had also applied to renew my current work permit in order to keep my documentation valid and be able to continue my employment till I receive a decision regarding my permanent residence application. My current work permit expired on May 14/2011.
I just received a letter saying they have refused my work permit renewal due to lack of LMO and confirmation from HRSDC.

My work permit has expired now.. what do I do??? Do i apply for restoration/renewal?? I am not sure if my employer is willing to give me a LMO since it's a contract position. The company I work for wants to hire me on full time soon. I have rent, car payments, bills etc etc. Do I have to quit my job if I can't get an LMO??

PLEASE ADVICE!! NEED HELP!