Working Holiday Visa to Visitor Status

[Cherem]

Hello,

Here is my situation: I have a Working Holiday Visa valid until June 11th (expires in 3 weeks). I applied to the new TR to PR on May 6th in the French-Speaking, Essential Workers, non-Health care stream. I try to find the answers to my questions but I couldn't find a situation close to mine to really help me understand.

My questions are about how to stay in Canada after my Open Work Permit expires.

1. I am planning to apply to extend my stay as a visitor. Until my visitor status is approved/rejected, and after my OWP expires, am I allowed to stay in Canada? If yes, can I keep working? It seems that the Working Holiday Visa is a bit special and I am not sure if I can have the maintained status.

2. If my application to stay as a visitor is rejected, do I have to leave Canada right away or can I leave within 2 weeks?

3. I read about people who got their visitor application rejected being told to restore their status within 90 days. I am not sure to understand what it means. Does it mean that if within those 90 days I find a company willing to sponsor me for a Work Permit, I can apply as an inland applicants? (I read that we are not supposed to apply for a WP within Canada if we don't already have valid Work Permit). What the point to restore your status if the visitor application has been rejected?

Thank you for those who can answer my questions.

 

[scylla]

Hello,

Here is my situation: I have a Working Holiday Visa valid until June 11th (expires in 3 weeks). I applied to the new TR to PR on May 6th in the French-Speaking, Essential Workers, non-Health care stream. I try to find the answers to my questions but I couldn't find a situation close to mine to really help me understand.

My questions are about how to stay in Canada after my Open Work Permit expires.

1. I am planning to apply to extend my stay as a visitor. Until my visitor status is approved/rejected, and after my OWP expires, am I allowed to stay in Canada? If yes, can I keep working? It seems that the Working Holiday Visa is a bit special and I am not sure if I can have the maintained status.

2. If my application to stay as a visitor is rejected, do I have to leave Canada right away or can I leave within 2 weeks?

3. I read about people who got their visitor application rejected being told to restore their status within 90 days. I am not sure to understand what it means. Does it mean that if within those 90 days I find a company willing to sponsor me for a Work Permit, I can apply as an inland applicants? (I read that we are not supposed to apply for a WP within Canada if we don't already have valid Work Permit). What the point to restore your status if the visitor application has been rejected?

Thank you for those who can answer my questions.

1. Yes, you can stay in Canada. No, you cannot keep working. You'll need to stop working as soon as your IEC expires.
2. Rather than leaving, you should apply to restore your status if this happens (hopefully it won't).
3. No, that's not what it means.It means that within 90 days of being refused, you submit an application to request that your status be restored to visitor status. No need to find an employer.

 

[Cherem]

1. Yes, you can stay in Canada. No, you cannot keep working. You'll need to stop working as soon as your IEC expires.
2. Rather than leaving, you should apply to restore your status if this happens (hopefully it won't).
3. No, that's not what it means.It means that within 90 days of being refused, you submit an application to request that your status be restored to visitor status. No need to find an employer.

Thank you for answering so quickly.

1. I am still confused by this 'restore your status' thing. If my visitor application got rejected, why would I apply for my status to be restored as visitor?

2. I may have found a company to sponsor a WP but if they give me a positive answer while I have a visitor status, can I still applied for the WP (through the International Mobility Program, exempted for LMIA)? If I can prove that I applied for the job and had the interview before the expiration of my current work permit, will it be an issue?

Thanks again

 

[scylla]

Thank you for answering so quickly.

1. I am still confused by this 'restore your status' thing. If my visitor application got rejected, why would I apply for my status to be restored as visitor?

2. I may have found a company to sponsor a WP but if they give me a positive answer while I have a visitor status, can I still applied for the WP (through the International Mobility Program, exempted for LMIA)? If I can prove that I applied for the job and had the interview before the expiration of my current work permit, will it be an issue?

Thanks again

1. If the application to change your status to visitor is rejected, you will fall out of status in Canada. Your options at that point will be to either leave - or if you want to remain in Canada, apply to restore your status.

2. I'm not sure I understand this question. When you applied for the job and had the interview is irrelevant. If you have visitor status in Canada and then find an employer, then you can apply for a work permit. Once the work permit is approved, you can start working for that employer.

 

[Cherem]

1. If the application to change your status to visitor is rejected, you will fall out of status in Canada. Your options at that point will be to either leave - or if you want to remain in Canada, apply to restore your status.

2. I'm not sure I understand this question. When you applied for the job and had the interview is irrelevant. If you have visitor status in Canada and then find an employer, then you can apply for a work permit. Once the work permit is approved, you can start working for that employer.

Thank you, this is definitely easier to understand now.

Regarding my second question, I had an interview for a job yesterday and if the company decides to retain my application, they will sponsor me for a WP. My question was more about what if I need to apply for the WP after my current one expires because I read online that you're not supposed to apply jobs with a visitor status since it is for tourism.

 

[scylla]

Thank you, this is definitely easier to understand now.

Regarding my second question, I had an interview for a job yesterday and if the company decides to retain my application, they will sponsor me for a WP. My question was more about what if I need to apply for the WP after my current one expires because I read online that you're not supposed to apply jobs with a visitor status since it is for tourism.

There's no such rule.

 

[Cherem]

There's no such rule.

Got it.

Thank you

 

[Cherem]

There's no such rule.

Sorry, I actually have one more question.

If I applied for a WP with the company as a sponsor before my current OWP expires, will I get the maintained status until approval, and thus, can I keep working or is it like the visitor application and I won't be able to work until IRCC make a decision?