Work Visa will expire before Permanent Residence accepted

[Annaj]

I am currently on my 2nd IEC work visa through Australia and it expires Jan 2015. I am about to apply for permanent residence through spouse sponsorship and as it takes a long time (not actually sure how long?? ) my current work permit will most likely expire before I get PR. What are my options if I want to continue working at my permanent full time job while I wait for PR? Apparently you can also submit with PR application an open work permit so you can continue working. I have also read you cannot do that if you have worked for 4 years in Canada (each Visa I have had has been a 2 year work visa) on working permits and this is my forth year. Not sure what to do...I have a job offer that needs to know if I will be able to work when my visa expires

 

[canuck_in_uk]

I am currently on my 2nd IEC work visa through Australia and it expires Jan 2015. I am about to apply for permanent residence through spouse sponsorship and as it takes a long time (not actually sure how long?? ) my current work permit will most likely expire before I get PR. What are my options if I want to continue working at my permanent full time job while I wait for PR? Apparently you can also submit with PR application an open work permit so you can continue working. I have also read you cannot do that if you have worked for 4 years in Canada (each Visa I have had has been a 2 year work visa) on working permits and this is my forth year. Not sure what to do...I have a job offer that needs to know if I will be able to work when my visa expires

A straightforward outland app through Sydney should be done in around 6 months, possibly sooner; Sydney is pretty much the fastest office around. I STRONGLY advise against sending an inland app; outland is definitely the better option.

No matter how you apply, if the PR app isn't approved by Jan 2015, the only way you'd be able to keep working beyond your IEC expiry is if the employer got a positive Labour Market Opinion and you received a closed work permit.

You can only submit an OWP app with an inland PR app but because IECs do not benefit from implied status, you would NOT be able to continue working after your IEC expires.

If you apply outland and still don't have approval by Jan 2015, you would have to apply to change conditions and extend your stay as a visitor. Obviously, as a visitor, you can't work.

 

[Annaj]

Thanks canuck_in_uk.

This is all so confusing. I'm meeting with an immigration lawyer possibly on Monday to discuss my options as over the phone she said not to worry I can submit another application with my PR application which can keep me working. But I've done so much reading up I feel she has to be wrong.

For my employer to do the Labour Market Opinion, is that quite the process for them to have to go through? It's a new job so I don't want to be asking for massive favors! At least I still have until January.

So I can go through the outland app even though I will be living and working in Canada? If so how come everybody doesn't just do it that way?

 

[BubbOZ]

Hi Annaj...

There's a specific thread for the Sydney VO.
http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-applications-through-sydney-australia-office-t46958.1680.html

Most of the applications have been Outland Spousal PR even though the spouse is physically in Canada, just like your case. Most of the cases on the thread have been completed in less than 100 days from filing the application to landing. So apply soon!

I think it took us longer to get all the supporting documents than waiting through the application!

G'luck...

I am currently on my 2nd IEC work visa through Australia and it expires Jan 2015. I am about to apply for permanent residence through spouse sponsorship and as it takes a long time (not actually sure how long?? ) my current work permit will most likely expire before I get PR. What are my options if I want to continue working at my permanent full time job while I wait for PR? Apparently you can also submit with PR application an open work permit so you can continue working. I have also read you cannot do that if you have worked for 4 years in Canada (each Visa I have had has been a 2 year work visa) on working permits and this is my forth year. Not sure what to do...I have a job offer that needs to know if I will be able to work when my visa expires

 

[canuck_in_uk]

And I would STRONGLY advise against using an immigration lawyer. There is really no need.

I'm guessing the lawyer was speaking of a Canadian Experience Class app, CEC. In order to qualify for CEC, you need one year of skilled (NOC A, B or 0) experience in Canada. If you apply for CEC and receive AOR before your IEC exipres, you can then apply for a Bridging Open Work Permit.

The LMO process is not simple. It costs the employer $275 to apply for it, even if the LMO is refused. They must advertise the job using several methods for at least a month to show they couldn't find a Canadian citizen or PR for the position. The processing time is usually around 4 months or more.

There is no problem applying outland while being in Canada. Most visa-exempt people in Canada choose this method. However, if you have a look at the outland processing times, some offices take 2 years or more; Islamabad currently has a processing time of 32 months. Inland takes around 1.5 years and they get to be in Canada the whole time with their spouse, so if they can mange to get to Canada in the first place, it's usually a better option for them to apply inland.

http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

 

[Annaj]

OK thanks people, so you think for sure I can apply using the Outland method? even though Im living here full time, been living here for at least 4 years and am on a temporary work visa and working? The immigration lawyer new all my details - that my spouse is sponsoring me, im on my 2nd temporary work visa as im an australian citizen/passport holder, when my current visa expires. So I'm surprised she did not mention doing it this way. Maybe I will not meet with her after all.

 

[scylla]

Yes - you can definitely apply outland.

 

[Annaj]

OK thanks Scylla, so should I still be putting my Canadian address down everywhere it asks for country of residence, current address etc?

 

[canuck_in_uk]

So I'm surprised she did not mention doing it this way. Maybe I will not meet with her after all.

Outland through Sydney is definitely the best option in your situation, so if this lawyer wasn't aware of that, stay far, far away.

OK thanks Scylla, so should I still be putting my Canadian address down everywhere it asks for country of residence, current address etc?

Yes, you can use your Canadian address.

 

[Annaj]

Ok pretty sure I will do the outland process. But I'm just worried it will not be processed in time before my current IEC work permit expires in January. Especially because my spouse who is sponsoring me has not yet done his taxes and I need to submit his notice of assessment, so that alone will take around 6 weeks!

I have also just been informed by a friend of my husbands, (who actually works in immigration for canada) that I can continue to work if my visa runs out and my pr is processing through the inland option. Which is what the immigration lawyer also told me. If it is true it may be best as I cannot loose my job. Downside would be how long it takes to process inland and I will not be able to leave the country

 

[Alurra71]

Ok pretty sure I will do the outland process. But I'm just worried it will not be processed in time before my current IEC work permit expires in January. Especially because my spouse who is sponsoring me has not yet done his taxes and I need to submit his notice of assessment, so that alone will take around 6 weeks!

I have also just been informed by a friend of my husbands, (who actually works in immigration for canada) that I can continue to work if my visa runs out and my pr is processing through the inland option. Which is what the immigration lawyer also told me. If it is true it may be best as I cannot loose my job. Downside would be how long it takes to process inland and I will not be able to leave the country

IEC work visas do NOT qualify for extensions via the OWP 'implied status' for inland applications. This has been a point of contention for as long as I have been on these boards, but the consensus is that if it is IEC or PGWP neither of them qualify under implied status, unless you are filing a CEC immigration application. In which case they can be 'bridged'. However, it does appear you are speaking about family class immigration and as sad as it sounds, the friend that works for immigration doesn't even know their own rules.

You can do a search here on the forums about those who have had their application denied because they continued working, and even some who were denied their landing after approval because they continued working.

You are in the same boat as many of us here are/were. You may have to stop working for a few months if your employer does not wish to do a LMO for your job. Of course, you could continue to work illegally and hope they don't catch on, but that is not a suggested method as the risks are high and the rewards very low.

Good luck.

 

[Annaj]

Is the notice of assessment from my sponsor (spouse) vital, or would it be ok to just include say financial information that his work can probably produce, and bank account statements?

Also I have requested a police check from NZ and I assume its the only one I need as even though I am applying as an Australian citizen I have not lived in Australia for more than 6 months and the only other country that I have, asides from NZ, is Canada. And I believe I do not need to request a Canadian one.

I have also read in these Forums that my spouse also needs to fill in their own copy of the form IMM5406 - Additional Family Info. Was this incorrect? I'm sure only I have to fill in my own copy.

This has been such an amazing site, I have found out so much useful information in no time at all, as apposed to looking at the official cic website. I feel like by the end of this process I will know more than official immigration employees!!

 

[canuck_in_uk]

I have also just been informed by a friend of my husbands, (who actually works in immigration for canada) that I can continue to work if my visa runs out and my pr is processing through the inland option.

http://www.canadavisa.com/canada-immigration-discussion-board/issue-with-working-before-pr-is-granted-t162220.0.html. Someone who didn't stop working got in trouble.

http://www.canadavisa.com/canada-immigration-discussion-board/recent-unread-topics/-t177162.0.html;topicseen. There is a letter an applicant received from CIC stating:

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

Is the notice of assessment from my sponsor (spouse) vital, or would it be ok to just include say financial information that his work can probably produce, and bank account statements?

Also I have requested a police check from NZ and I assume its the only one I need as even though I am applying as an Australian citizen I have not lived in Australia for more than 6 months and the only other country that I have, asides from NZ, is Canada. And I believe I do not need to request a Canadian one.

I have also read in these Forums that my spouse also needs to fill in their own copy of the form IMM5406 - Additional Family Info. Was this incorrect? I'm sure only I have to fill in my own copy.

The Option C is required for sponsors in Canada, as it shows if they have received any welfare. If it will be awhile to get it, you can send the app without it, including a letter explaining that you've requested it and will send it in when it arrives. However, there is the possibility that the app would be returned as incomplete without it.

No need to get a Canadian PCC. If you never lived in Australia or any other country for 6 months or more after the age of 18, just the NZ one is needed.

Your sponsor does not fill out an IMM5406.

 

[Annaj]

I have found a lot of threads which state things similar to this...

"I spoke with a CIC call center agent earlier, asking them to explain how the above statement applies. They said, "if applying to extend an IEC visa or apply for your second IEC visa (if applicable to your originating country), you will NOT have implied status to continue working while this IEC visa is being approved. However, if you are applying for a new OWP along with PR, you WILL have implied status and can continue to work with your current company until your PR application is approved in principle (approx. 1 year later)."[
This is exactly what I am doing and many others which I know who are doing the same.
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This is also what the immigration lawyer (who I still havent decided if I should pay for a consultation or not) has mention I can do, as well as the immigration officer (friends with my husband) has mentioned this.

Now I really don't know what to think! so many people are saying I can do this since it will not be implied status through my IEC visa but a totally different Visa. A new OWP. But so many people are also saying I cannot do this.

confused as ever now!! Never been so stressed!! And I was just offered a job yesterday as a junior accountant, which has been my goal for the past 4 years, but it is subject to my visa situation and I don't want to run out of time if I do the outland process. Which is what I want to do but my visa expires Jan 13th. This gives me roughly 7 months to get my PR. My husband is yet to do his taxes so I also need to wait probably 6 weeks from the time he submits it to when we receive his notice of assessment. Do you think my chances are pretty high applying outland and getting PR within 5-6 months? Mine is very straight forward, married 6 months ago, lived together 3 years, no red flags

 

[screech339]

Perhaps this will make you feel better. This person wrote to CIC enquiring about "implied status" for IEC and PGWP work visas. This is CIC's response.

Hey guys, I received this email from CIC that might answer our questions about the implied status for IEC and PGWP.

Note the "*" in the end of the message. It states clearly that international youth exchange programs do not apply for Implied Status.

At the same time, it clearly states that this relates only to international youth exchange programs. That means it does not apply to PGWP. So yes, people with expired PGWP are indeed allowed to continue working under implied status.

------------------------------------------------------------

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

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Notice at bottom in red that it specifically stated that IEC do not get any implied status.