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Extending work permit during PR application

Extending work permit during PR application

Old Jan 30th 2013, 12:04 am
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Default Extending work permit during PR application

Hi everyone! My husband and I recently received our marriage certificate, after waiting waaay longer than we were hoping and will soon send off his application for permanent residence. He's currently on an IEC visa which expires in June, which means that there will be a (possibly large) gap between the end of that visa and when he gets through the appropriate stage of the PR application to get permission to work again. I'm wondering two things.

1) At what stage of the PR application is he able to work? Does separate paperwork need to be filled out in order for him to get a work permit, or is it implied with PR/a certain stage of PR? Is there even such a thing as implied work status any more?

2) I've heard that you can apply to extend a work visa and keep working until they officially turn down an extension request. While I know that 2nd year IEC visas are not extendible, I wonder if it's possible to submit an application knowing that the answer will be 'no' for the sake of buying a few extra weeks of work time. My husband was unemployed for a bit recently and our savings took a big hit, so the less time he's unemployed, the better.

Thanks in advance for all your help!
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Old Jan 30th 2013, 4:37 am
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Default Re: Extending work permit during PR application

I'm in a similar situation; 2nd year of an IEC visa, getting the paperwork together for a common law spousal sponsorship, and worrying about being able to stay and work in the grey area between one running out and the other (hopefully) being granted.
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Old Jan 30th 2013, 5:38 am
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Default Re: Extending work permit during PR application

Hi


Originally Posted by thousandtrees
Hi everyone! My husband and I recently received our marriage certificate, after waiting waaay longer than we were hoping and will soon send off his application for permanent residence. He's currently on an IEC visa which expires in June, which means that there will be a (possibly large) gap between the end of that visa and when he gets through the appropriate stage of the PR application to get permission to work again. I'm wondering two things.

1) At what stage of the PR application is he able to work? Does separate paperwork need to be filled out in order for him to get a work permit, or is it implied with PR/a certain stage of PR? Is there even such a thing as implied work status any more?

2) I've heard that you can apply to extend a work visa and keep working until they officially turn down an extension request. While I know that 2nd year IEC visas are not extendible, I wonder if it's possible to submit an application knowing that the answer will be 'no' for the sake of buying a few extra weeks of work time. My husband was unemployed for a bit recently and our savings took a big hit, so the less time he's unemployed, the better.

Thanks in advance for all your help!
1. Assuming you are apply as "out of Canada" spousal, then he won't be able to work until he receives his PR. An "in Canada" where you apply to Vegreville with an Open work permit application, he would be apply to work once first level approval is received, about 6 months. Otherwise he would require an approved LMO from an employer before he could get a work permit.
2. No there is no implied status as an IEC is not extendable. He tries, he gets caught, can end up receiving a removal order.
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Old Jan 30th 2013, 5:40 am
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Default Re: Extending work permit during PR application

Originally Posted by thousandtrees
Hi everyone! My husband and I recently received our marriage certificate, after waiting waaay longer than we were hoping and will soon send off his application for permanent residence. He's currently on an IEC visa which expires in June, which means that there will be a (possibly large) gap between the end of that visa and when he gets through the appropriate stage of the PR application to get permission to work again. I'm wondering two things.

1) At what stage of the PR application is he able to work? Does separate paperwork need to be filled out in order for him to get a work permit, or is it implied with PR/a certain stage of PR? Is there even such a thing as implied work status any more?

2) I've heard that you can apply to extend a work visa and keep working until they officially turn down an extension request. While I know that 2nd year IEC visas are not extendible, I wonder if it's possible to submit an application knowing that the answer will be 'no' for the sake of buying a few extra weeks of work time. My husband was unemployed for a bit recently and our savings took a big hit, so the less time he's unemployed, the better.

Thanks in advance for all your help!
Just as a note, you did not need to wait for the marriage certificate to put in the application - you could have sent them a copy of the one you were given at the time of marriage and informed them that you would forward the official marriage certificate once received. I was never asked to send one.

He would only get a work permit if you did an 'inland' application and not until you got 1st stage approval, which at present is taking approximately 6 months to process. Unless there are good reasons to do so, I wouldn't recommend that route. If you did decide to, you would receive a letter at 1st stage approval stating that he can now apply for an open work permit.

Once 1st stage approval is received it takes approximately a further 8 months to actually obtain PR - a total of 14 months.

http://www.cic.gc.ca/english/informa...es/perm-fc.asp

If he applies "outland" (which he can still do even if living in Canada) the processing time at present is 55 days for 1st stage approval and then up to a further 9 months for PR - however, if the application is well put together and there are no issues (such as further medical tests) some people have been receiving PR in as little as 4 months.

As you can see from the time frames given, if you make an application for 'outland' he would have PR before your 1st stage approval was given if you were doing an 'inland' application.

Theoretically, if you submit your application within the next couple of weeks he 'could' have PR shortly after his IEC visa runs out.

Regarding your enquiry about the extension, he would not be able to continue working past the end of his IEC visa and if he did so he would jeopardise his PR application as he would be working illegally.



Edit: Apologies to PMM, I did not see your response until after I posted mine.
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Old Jan 30th 2013, 1:13 pm
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Default Re: Extending work permit during PR application

Originally Posted by siouxie
Just as a note, you did not need to wait for the marriage certificate to put in the application - you could have sent them a copy of the one you were given at the time of marriage and informed them that you would forward the official marriage certificate once received. I was never asked to send one.

He would only get a work permit if you did an 'inland' application and not until you got 1st stage approval, which at present is taking approximately 6 months to process. Unless there are good reasons to do so, I wouldn't recommend that route. If you did decide to, you would receive a letter at 1st stage approval stating that he can now apply for an open work permit.

Once 1st stage approval is received it takes approximately a further 8 months to actually obtain PR - a total of 14 months.

http://www.cic.gc.ca/english/informa...es/perm-fc.asp

If he applies "outland" (which he can still do even if living in Canada) the processing time at present is 55 days for 1st stage approval and then up to a further 9 months for PR - however, if the application is well put together and there are no issues (such as further medical tests) some people have been receiving PR in as little as 4 months.

As you can see from the time frames given, if you make an application for 'outland' he would have PR before your 1st stage approval was given if you were doing an 'inland' application.

Theoretically, if you submit your application within the next couple of weeks he 'could' have PR shortly after his IEC visa runs out.

Regarding your enquiry about the extension, he would not be able to continue working past the end of his IEC visa and if he did so he would jeopardise his PR application as he would be working illegally.



Edit: Apologies to PMM, I did not see your response until after I posted mine.
HELL ASS DAMN I wish I'd known that about the marriage certificate thing. I don't remember reading that in any of the information available online.

Thank you for your explanation. I was definitely wondering about the Outland vs. Inland thing. Is it risky to apply Outland if you're already here? He is currently here and working legally, and if he had to fly over for an interview, we'd be able to afford it. Is there anything you have to do differently to apply Outland from within Canada?

What I'm a little confused about is that it seems like getting to first stage only gives you permission to apply for the open work permit - is that correct? Like, wait the six months, then you're just starting the work permit application. Since there will be a gap either way, we might as well apply Outland since it will likely make the gap shorter by as much as six months, no?

I guess I just want to be sure we won't get penalized for applying Outland if we aren't actually... out of the land.
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