Canada work permits renewal - leaving canada while in process
Aug 13th 2009, 5:05 am
#1
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Joined: May 2008
Location: NE England, moving to Montreal
Posts: 9
Canada work permits renewal - leaving canada while in process
Hi I need a quick answer if possible please as our HR are being, well HR.
For example. A TWP runs out in October, it has been lodged to immigration to apply for a renewal already.
I am due to leave Canada in September for a trip home. However I have been told that once the renewal is lodged I can't technically leave Canada, come back, and continue working.
Is this actually the case, and can anyone point me in the right direction of some backup information?
This is what HR has told me and my husband a few months ago, now a colleague is being told, it's fine, he can leave as his permit is valid until October. We were in a similar situation where we lodged docs for renewal in the April, even though permit not expiring until June.
Thanks a lot
For example. A TWP runs out in October, it has been lodged to immigration to apply for a renewal already.
I am due to leave Canada in September for a trip home. However I have been told that once the renewal is lodged I can't technically leave Canada, come back, and continue working.
Is this actually the case, and can anyone point me in the right direction of some backup information?
This is what HR has told me and my husband a few months ago, now a colleague is being told, it's fine, he can leave as his permit is valid until October. We were in a similar situation where we lodged docs for renewal in the April, even though permit not expiring until June.
Thanks a lot
Aug 13th 2009, 5:26 am
#2
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Joined: Sep 2003
Location: Upstate South Carolina
Posts: 30,771
Re: Canada work permits renewal - leaving canada while in process
Far as I know a valid work permit is a valid work permit.
You do intend to re enter before the permit expires right?
Anyway, I'm not 100% sure, been a while since I was on a TWP. I'll move this to immigration, hopefully someone who knows for sure will see it. I am not a lawyer and have not even played one on TV.
A quick google found this on the UBC website regarding implied status;
To me that looks like it says that you can stay in canada working after the expirey date until you get a yes/no from CIC, BUT IF YOU LEAVE, you need a new TWP in place (if you come back after the original one has expired)...its the bit in brackets that is not crystal clear...
If all else fails there is always the "tepid" line to CIC...1 888 242‑2100
The CIC threw up this operational bulletin regarding implied status:
http://www.cic.gc.ca/english/resourc...2008/ob087.asp
What it boils down to is that the immigration officer will go by the expiration date on your twp when you return to canada, if its expired, the fact you have applied for an extension wont matter. Your employer on the other hand can keep paying you based on the fact you have applied for an extension and not yet had a reply.
You do intend to re enter before the permit expires right?
Anyway, I'm not 100% sure, been a while since I was on a TWP. I'll move this to immigration, hopefully someone who knows for sure will see it. I am not a lawyer and have not even played one on TV.
A quick google found this on the UBC website regarding implied status;
IMPLIED STATUS
Implied Status refers to a foreign worker's status when they are continuing in the same position, have applied for a new work permit prior to the expiry of their current permit and are awaiting a decision from CIC. It is important to note that should a foreign worker leave Canada while they have implied status their status expires and they will have to re-apply for status.
If a faculty member has not received their work permit prior to the expiry of the current one they must provide a copy of the fee receipt to Faculty Relations/Human Resources. This provides UBC with the confirmation that the member has implied status, which allows UBC to continue to pay the faculty member.
Implied Status refers to a foreign worker's status when they are continuing in the same position, have applied for a new work permit prior to the expiry of their current permit and are awaiting a decision from CIC. It is important to note that should a foreign worker leave Canada while they have implied status their status expires and they will have to re-apply for status.
If a faculty member has not received their work permit prior to the expiry of the current one they must provide a copy of the fee receipt to Faculty Relations/Human Resources. This provides UBC with the confirmation that the member has implied status, which allows UBC to continue to pay the faculty member.
To me that looks like it says that you can stay in canada working after the expirey date until you get a yes/no from CIC, BUT IF YOU LEAVE, you need a new TWP in place (if you come back after the original one has expired)...its the bit in brackets that is not crystal clear...
If all else fails there is always the "tepid" line to CIC...1 888 242‑2100
The CIC threw up this operational bulletin regarding implied status:
http://www.cic.gc.ca/english/resourc...2008/ob087.asp
What it boils down to is that the immigration officer will go by the expiration date on your twp when you return to canada, if its expired, the fact you have applied for an extension wont matter. Your employer on the other hand can keep paying you based on the fact you have applied for an extension and not yet had a reply.
Last edited by iaink; Aug 13th 2009 at 5:39 am.
Aug 13th 2009, 5:33 am
#3
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Joined: Apr 2008
Posts: 401
Re: Canada work permits renewal - leaving canada while in process
Sounds like something is getting there wires crossed with Implied status on a extension IE your old visa has expired and you are working while your extension is being process on the implied status that it will be issued. As long as your permit is valid past your return data you can continue to work.
Hi I need a quick answer if possible please as our HR are being, well HR.
For example. A TWP runs out in October, it has been lodged to immigration to apply for a renewal already.
I am due to leave Canada in September for a trip home. However I have been told that once the renewal is lodged I can't technically leave Canada, come back, and continue working.
Is this actually the case, and can anyone point me in the right direction of some backup information?
This is what HR has told me and my husband a few months ago, now a colleague is being told, it's fine, he can leave as his permit is valid until October. We were in a similar situation where we lodged docs for renewal in the April, even though permit not expiring until June.
Thanks a lot
For example. A TWP runs out in October, it has been lodged to immigration to apply for a renewal already.
I am due to leave Canada in September for a trip home. However I have been told that once the renewal is lodged I can't technically leave Canada, come back, and continue working.
Is this actually the case, and can anyone point me in the right direction of some backup information?
This is what HR has told me and my husband a few months ago, now a colleague is being told, it's fine, he can leave as his permit is valid until October. We were in a similar situation where we lodged docs for renewal in the April, even though permit not expiring until June.
Thanks a lot
Aug 13th 2009, 7:00 am
#4
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Thread Starter
Joined: May 2008
Location: NE England, moving to Montreal
Posts: 9
Re: Canada work permits renewal - leaving canada while in process
That must be it then, if the TWP hasn't expired by the time he comes back into the country even though the renewal is in process, he should be ok.
Would be nice if HR knew these details when they were processing ours!
Thanks very much for the replies and info.
Would be nice if HR knew these details when they were processing ours!
Thanks very much for the replies and info.
Dec 8th 2009, 6:38 am
#5
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Joined: Feb 2008
Location: Aberdeen -> Calgary, AB
Posts: 162
Re: Canada work permits renewal - leaving canada while in process
hey, I know it's been a while, but i've been researching this and reading the posts above and was wondering if anyone had any thoughts, or could provide clarification on our situation.
Firstly, i'm on a TWP that doesn't expire until 2011. However, my wife is on an OWP that expires before mine, due to her UK passport not running to the date of the 2-year TWP expiry (April 2011),
My wifes original passport (and therefore SOWP) expires on the 8th feb 2010. She has applied, and received, a new passport and now needs to extend her OWP to run the full length. fine. This falls under the Unit 202 address for Vegreville, which is currently posting a 80 day(ish) turn around.
We go on holiday on February first, leaving Canada. I understand 'implied status' but we will both return AFTER her original OWP has expired, and I doubt we'll have her new one by then.. I, of course, will as mine isn't an issue.
It states that Implied status only works if you don't leave the country, however because we're out of the country when it expires, does that mean that technically, my wife isn't eligible for implied status?
do we cancel the holiday? I guess she'll still be able to come back in as a visitor and just need to wait for her new WP to come through??
EDIT: can I apply for an extention of this SOWP at POE on re-entry when we return?
Firstly, i'm on a TWP that doesn't expire until 2011. However, my wife is on an OWP that expires before mine, due to her UK passport not running to the date of the 2-year TWP expiry (April 2011),
My wifes original passport (and therefore SOWP) expires on the 8th feb 2010. She has applied, and received, a new passport and now needs to extend her OWP to run the full length. fine. This falls under the Unit 202 address for Vegreville, which is currently posting a 80 day(ish) turn around.
We go on holiday on February first, leaving Canada. I understand 'implied status' but we will both return AFTER her original OWP has expired, and I doubt we'll have her new one by then.. I, of course, will as mine isn't an issue.
It states that Implied status only works if you don't leave the country, however because we're out of the country when it expires, does that mean that technically, my wife isn't eligible for implied status?
do we cancel the holiday? I guess she'll still be able to come back in as a visitor and just need to wait for her new WP to come through??
EDIT: can I apply for an extention of this SOWP at POE on re-entry when we return?
Last edited by Alanandson; Dec 8th 2009 at 7:13 am.
