12 months left on TWP?

Old Mar 25th 2008, 7:18 am
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Default 12 months left on TWP?

Hi, the wife and I are finally getting round to applying for permanent residency.

She came across in Oct 06 on an intra company transfer TWP. Her company have given us a letter explaining how they're willing to employ her full time on the basis that she'll be granted residency so we're applying to London, UK.

One hitch is that the forms say you must have 12 months left on your TWP when you apply (She only has until Nov 08).

Will it just be a case of extending it at the customs office at Pearson or is it more complicated?

Thanks in advance
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Old Mar 25th 2008, 10:55 am
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Default Re: 12 months left on TWP?

It sounds as though we are in a similar situation to you, though I'm no expert. We are here on a intra comapny transfer with my husband and our WP was only valid for 1 year as that's is all the immigration would allow us when we landed. We have been here just over a year and are waiting for the WP renewal to come through. In the meantime, we applied for PR around October time (to London) and we had our passport request a couple of weeks ago so are waiting for them to be returned. It all went very smoothly and would have been even quicker if it hadn't been for the inefficent doctor we used for the medical. I don't recall anything about needing time left on the WP and it didn't prove a problem for us. Hope this helps.
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Old Mar 25th 2008, 1:52 pm
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Default Re: 12 months left on TWP?

The admission to Canada must have been for at least a year. It does not mean that you have to have a year of legal status remaining.
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Old Mar 25th 2008, 2:06 pm
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Default Re: 12 months left on TWP?

Originally Posted by welshchem

One hitch is that the forms say you must have 12 months left on your TWP when you apply (She only has until Nov 08).
Which form says it?
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Old Mar 25th 2008, 2:39 pm
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Default Re: 12 months left on TWP?

Originally Posted by Andrew Miller
Which form says it?
The website says to read 'factor 5' to determine eligability for the fast tracking.

http://www.cic.gc.ca/english/informa...uides/EG74.asp

"You are currently working in Canada on a temporary work permit (including sectoral confirmations).

* Your work permit is valid for 12 or more months after the date you apply for a permanent resident visa;
* Your employer has made an offer to give you a permanent job if your application is successful.
"

Thanks for looking into this
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Old Mar 25th 2008, 3:20 pm
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Default Re: 12 months left on TWP?

As I have pointed number of times - info on CIC website and any application instruction/guide are not legal documents. All guides/instructions (including the one you refer to) have the following disclaimer (usually bottom of page 2):

This is not a legal document. For legal information, refer to the Immigration and Refugee
Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.


And here is what the law (in Regulations) say about Arranged Employment:

http://www.canlii.org/ca/regu/sor2002-227/sec82.html

Where it states that WP must be valid for 12 or more months after the date you apply for PR? I can't see it my friend.

Look also into Immigration Manual:

http://www.cic.gc.ca/english/resourc...s/op/op06e.pdf

section 10.14 on page 24 and tell me where it says that work permit must be valid for at least 12 months?

Both, R82 and section 10.14 of OP06, state that work permit must be valid at the time of application and at the time visa is issued. Nothing about any 12 months.
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Old Mar 25th 2008, 11:05 pm
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Default Re: 12 months left on TWP?

Originally Posted by Andrew Miller
As I have pointed number of times - info on CIC website and any application instruction/guide are not legal documents. All guides/instructions (including the one you refer to) have the following disclaimer (usually bottom of page 2):

This is not a legal document. For legal information, refer to the Immigration and Refugee
Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.


And here is what the law (in Regulations) say about Arranged Employment:

http://www.canlii.org/ca/regu/sor2002-227/sec82.html

Where it states that WP must be valid for 12 or more months after the date you apply for PR? I can't see it my friend.

Look also into Immigration Manual:

http://www.cic.gc.ca/english/resourc...s/op/op06e.pdf

section 10.14 on page 24 and tell me where it says that work permit must be valid for at least 12 months?

Both, R82 and section 10.14 of OP06, state that work permit must be valid at the time of application and at the time visa is issued. Nothing about any 12 months.
That's absolutely fantastic. Thanks for clearing that up for me.
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Old Mar 27th 2008, 6:37 am
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Default Re: 12 months left on TWP?

Hi,
I'm from India, in Toronto since last two years and my TWP expired on march 15th. I am under implied status now.I am not claiming AE.Can I send my PR application to Buffalo before getting the renewed TWP.

Mr. Miller could you please give your suggestion on this.

Thanks,
Sbhusan
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