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Advice needed - work permit expiring end of August

Advice needed - work permit expiring end of August

Old Jul 9th 2014, 7:31 am
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Default Advice needed - work permit expiring end of August

Hi everyone

Hoping someone can point me in the right direction here. Just to give you some background on my situation:

My partner and I moved to Vancouver in January 2013 and I currently have an open spousal work permit attached to his (he was sponsored by the company we moved to Vancouver for). Our work permits expire at the end of August 2014 and his contract ended so he needs to find a new job in order to extend our permits. However, things aren't looking good so far so I wondered if there is an alternative way we can extend our stay at such short notice? I currently work full-time and have been since moving here so if I don't find a way around this I will lose my job (which I love and would be extremely upset about!).

We have filled in our permanent residency application under the Canadian Experience Class route and are ready to submit it, however since it takes a very long time to get approved this doesn't help short-term. I spoke to an immigration lawyer who told me we can apply for an 'open work permit' to bridge the gap between submitting the application and getting approved....however I looked into this and can't find much useful information on it. The lawyer himself didn't know much about it. Not sure whether it's relevant but my partner has an LMO valid until next year some time.

If you have any ideas or advice please reply and also let me know if you need more info.

Thanks so much in advance!
Amy
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Old Jul 9th 2014, 7:50 am
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Default Re: Advice needed - work permit expiring end of August

I *think* you can apply for a BOWP - Notice of new “Bridging” Open Work Permits for Certain Federal Economic Class Applicants

I am not 100% certain, hopefully someone else will be here shortly to confirm this...
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Old Jul 9th 2014, 7:59 am
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Default Re: Advice needed - work permit expiring end of August

Thanks for the quick response SchnookoLoly. I did look into that and we meet the criteria but the difficult part is this:

"- They have made application for an open work permit."

I had a look into what that involves and it was unclear to me whether we are eligible. Also I read that there is a cap on the number of applicants and it has been reached but I don't know if I was looking at the right info. Hopefully somebody reading this will be able to provide some more information.

Thanks again
Amy
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Old Jul 9th 2014, 9:19 am
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Default Re: Advice needed - work permit expiring end of August

There's no cap for BOWPs, you must have been reading about another type of visa.

However, you don't currently qualify for a BOWP if you haven't even submitted your CEC app yet - as you can see from the link above, you'd need to have received your AOR to be eligible.

Unfortunately you've left it rather late and I don't think there's any way you'd get your AOR by the end of Aug, even if you sent your app off this week.

Your partners LMO is no longer valid if the job it was for doesn't exist anymore either, so although he can stay in Canada until his TWP expires, that's only as a visitor and he can't work for anybody else without a new LMO/TWP. Again, that's not going to happen by the end if August as LMOs take quite a bit longer than that.

Is a LMO and new TWP for your job an option? You'd still have to stop work between your current TWP expiring and the new one, but at least it would be an option.
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Old Jul 9th 2014, 9:41 am
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Default Re: Advice needed - work permit expiring end of August

Thanks christmasoompa. Yeah we've left it very late I read that it takes 30 days to get an AOR so could there still be a chance if we submit the application by Friday?

Unfortunately my employer doesn't issue work permits so a new one through them wouldn't be an option.

Do you know where I can find the BOWP application form? Every time I go through the eligibility form (Application to Change Conditions or Extend Your Stay in Canada as a Worker) it points me to the International Experience Canada website.

Thanks
Amy
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Old Jul 9th 2014, 9:56 am
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Default Re: Advice needed - work permit expiring end of August

30 days would be rather optimistic IMO, but you can try!

And the BOWP form is here, although obviously you can't apply until you've got your AOR and file number from CIC. Extend your work permit – Economic class applicants

HTH.
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Old Jul 9th 2014, 10:02 am
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Default Re: Advice needed - work permit expiring end of August

Ok yeah it would be pushing it. Thanks so much for your advice
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Old Jul 9th 2014, 10:04 am
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Default Re: Advice needed - work permit expiring end of August

Yep. I'd say 6-8 weeks is more likely with the usual summer slowdown, but all you can do is try. Get your app off as a matter of urgency, and fingers crossed.
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Old Aug 26th 2014, 12:07 pm
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Default Re: Advice needed - work permit expiring end of August

Hi all

Related to my above situation, I was informed today that I should be eligible to apply for an extension to my work permit! That way I should be able to continue working on Implied Status until they make a decision.

Please would someone advise whether this is correct and whether there is an obvious reason why we would not be eligible? I'm wondering why I didn't hear about this sooner as it seems like the simplest solution.

Thanks
Amy
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Old Aug 26th 2014, 1:47 pm
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Default Re: Advice needed - work permit expiring end of August

Originally Posted by Littlebunny
Hi all

Related to my above situation, I was informed today that I should be eligible to apply for an extension to my work permit! That way I should be able to continue working on Implied Status until they make a decision.

Please would someone advise whether this is correct and whether there is an obvious reason why we would not be eligible? I'm wondering why I didn't hear about this sooner as it seems like the simplest solution.

Thanks
Amy
Who informed you?
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Old Aug 26th 2014, 2:08 pm
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Default Re: Advice needed - work permit expiring end of August

Originally Posted by Littlebunny
Hi all

Related to my above situation, I was informed today that I should be eligible to apply for an extension to my work permit! That way I should be able to continue working on Implied Status until they make a decision.

Please would someone advise whether this is correct and whether there is an obvious reason why we would not be eligible? I'm wondering why I didn't hear about this sooner as it seems like the simplest solution.

Thanks
Amy
To extend your current work permit you would need a positive LMIA or PER from a PR application. My understanding is your current work permit runs out at the end of this month?

LMIA application can take on average 12-8 weeks and processing of PR apps to the stage of PER is taking between 2-4 months
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Old Aug 26th 2014, 3:34 pm
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Default Re: Advice needed - work permit expiring end of August

Thanks for the info. I went through the eligibility questionnaire on the CIC site and it said I was eligible. It didn't mention an LMIA or PR PER in the application form or requested documents, do you know at what stage they ask for that? Would it make any difference to my eligibility if I applied alone or with my common-law partner?
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Old Aug 26th 2014, 3:47 pm
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Default Re: Advice needed - work permit expiring end of August

Originally Posted by Littlebunny
Thanks for the info. I went through the eligibility questionnaire on the CIC site and it said I was eligible. It didn't mention an LMIA or PR PER in the application form or requested documents, do you know at what stage they ask for that? Would it make any difference to my eligibility if I applied alone or with my common-law partner?

The CIC online questionnaire can be a little misleading and to be honest you really need to get your head around what you need and then research rather than rely on that questionnaire. As your already on a work permit you can extend it with an LMIA (labour market impact assessment it replaced the old LMO process) The other option would be a bridging open work permit but that's based on getting PER (positive elgibility review) from a PR application whether that be CEC, FSW,FSW2 etc.

If you want to extend or get a BOWP you would need to send the positive LMIA or PER at the time of applying. To be honest I can't see how you would obtain either before your current permit runs out, sorry for the bad news.


Your elgibility for PR would only be affected by your partner if for example your partner had a medical condition that might be a drain on the health system, your partner has a criminal record. If you needed the points and your partner had not taken the IELTS that make affect it or if your partner has any connections of a terrorist or criminal nature. Otherwise whether your single or common law or married your application would be processed at the same speed as anyone else's.
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Old Aug 26th 2014, 6:37 pm
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Default Re: Advice needed - work permit expiring end of August

Originally Posted by Littlebunny
Thanks for the info. I went through the eligibility questionnaire on the CIC site and it said I was eligible. It didn't mention an LMIA or PR PER in the application form or requested documents, do you know at what stage they ask for that? Would it make any difference to my eligibility if I applied alone or with my common-law partner?
I don't know which Province you are in, but would your employer consider sponsoring you for Provincial nomination? It is quicker processing (generally) and once nominated you would be able to obtain a TWP on the back of your nomination (while the Federal part of your PR application is being processed).

You would need to stop working in the interim (perhaps an extended leave of absence if they would keep your job open for you) but it may be quicker to get a new TWP that way (depending on Province) than going through the CEC option, unless you have already applied?

As to applying for a new TWP, no, you would not qualify unless you had a new LMIA or PER as Mikeypm said. You can't be on implied status to work unless you qualify for a TWP (IMO) in the first place and you would risk your PR application if you continued to work illegally.

If you wish to remain in the country while you are waiting for PER (or nomination), you will need to apply to change your conditions to visitor before your current work permit expires.

I should point out that neglecting to put down a common law partner on an application for PR could result in you never being able to sponsor them for PR in the future and risking having your PR status revoked for misrepresentation.

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Old Aug 28th 2014, 4:59 am
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Default Re: Advice needed - work permit expiring end of August

Thanks all for the great advice and information
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