Working in Canada While PR Application is Processing

[daveclark]

Hi everyone,

I am currently putting together an application to be sponsored for PR as a spouse by my Canadian partner. We have lived together in a conjugal relationship for almost 5 years, first in the UK and then in Canada. We have lots of evidence of our relationship so I don't foresee any major issues with the application (touch wood).

I am currently living and working in Canada under an IEC Working Holiday visa, which expires in October of this year. I would like to know if a mechanism exists by which I can remain in Canada and continue working while my PR application is being processed once my current permit expires? If so, is this something I should attach to my PR application to expedite the process?

I really appreciate all the insights and experiences that are shared on this forum, and i'm looking forward to your responses.

Cheers!

 

[rhcohen2014]

the only way a family class PR applicant can work while the application is in process is if they are already in Canada on a work permit or if they are applying INLAND. When you apply inland, you are eligible to receive an Open Work Permit after stage 1 approval is complete (average time is about 8 months). If your employer is willing to apply for an LMO and offer you continual employment, that is also an option, but you will not be able to work until that is approved by CIC. OTherwise, the applicant can only be in canada as a visitor.

 

[daveclark]

Thanks for the fast reply.

That doesn't sound unrealistic - I would be looking at (on average) a period of about 2 months where I would be in Canada and unable to work if everything goes smoothly. My only concern is that I would need to leave and re-enter Canada at the end of my current permit to change status to visitor, which i've heard is a little risky when making an Inland application.

An alternative would be to make an Outland application and return to the UK (without my partner) for a short period so that I can work there while my application processes. But might something like this be considered a breaking of our conjugal relationship, and void the application?

 

[Zarilenth]

I would say you should apply as common law not conjugal. There is a huge difference, mainly being conjugal only applies if you cannot get married or be together for 1 year continuously.

Also if you apply common law you can return to the UK without your SO, without breaking your common law relationship. It only matters that you've lived together for 1 year or more up until the day you apply.

 

[truesmile]

Also you should be aware, that you absolutely CAN apply "outland" while you are still in Canada. This allows you the flexibility of being able to leave Canada, for whatever reason. With outland however, there is no option for an OWP (open work permit), but then the outland process is usually much faster.

 

[rhcohen2014]

Thanks for the fast reply.

That doesn't sound unrealistic - I would be looking at (on average) a period of about 2 months where I would be in Canada and unable to work if everything goes smoothly. My only concern is that I would need to leave and re-enter Canada at the end of my current permit to change status to visitor, which i've heard is a little risky when making an Inland application.

you can apply for change of status and ask to extend your stay as a visitor before your current IEC permit expires. This allows you to stay in canada until a decision is made. if it's rejected, then you have to leave voluntarily.

 

[daveclark]

Incredibly useful responses everyone, thank you!

One question about making an Inland application. The IEC permit allows for free coming and going from Canada. If I apply via Inland, am I still be able to come and go from the country while my IEC permit is valid? I am planning on visiting California in July, but would this trip void an Inland application? If that was the case it would appear that I would have to either apply Outland or cancel my trip.

 

[rhcohen2014]

Incredibly useful responses everyone, thank you!

One question about making an Inland application. The IEC permit allows for free coming and going from Canada. If I apply via Inland, am I still be able to come and go from the country while my IEC permit is valid? I am planning on visiting California in July, but would this trip void an Inland application? If that was the case it would appear that I would have to either apply Outland or cancel my trip.

nope... inland requires the applicant to stay in canada the entire time. if the applicant leaves they can risk being denied re-entry even for short trips. then the application will be considered abandoned and you will have to start all over again. it's really best to apply outland if you need to travel back and forth. there is no risk to your applicaiton, and you can make regular visits, and apply for extensions to stay for the duration of the process. again, the only down side is you can't work legally until you get PR status. many people who have gone through the inland process have mentioned they would have chosen differently now.