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That 'No Man's Land' time between work visa expiration and PR...

That 'No Man's Land' time between work visa expiration and PR...

Old Feb 2nd 2012, 7:16 pm
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Default That 'No Man's Land' time between work visa expiration and PR...

Hi folks,

I am coming to the end of my 1 year IEC visa, and I am not eligible for another one having spent more than 18months outside of the UK. I have applied for PR through the spousal sponsorship route.

My PR application was sent off by my lawyer (regrettably I wish I hadn't done it that way) in late December. Going by the current processing times I may have to wait for another 7-8 months before I am granted PR.

I am wondering what my options are in order to stay in Canada, and legally work if possible in the interim period?

I was once told that there is an 'implied status' option? Would that help me?

Although I have a lawyer handling my case I'm terrified of any more fees! (I already feel like I've been bent over!) but I know how knowledgeable people here are!

Many thanks for any advice you can give?
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Old Feb 2nd 2012, 7:19 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Implied status isn't an option I'm afraid, as it's not applicable to those on IEC's.

LMO and normal TWP seems to be your only option from what you've said.

Good luck.

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Old Feb 2nd 2012, 7:24 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Oh good!

Thanks for the quick answer. Better start looking.
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Old Feb 2nd 2012, 8:18 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

In any case you should seek an extension of temporary status in some form before your time runs out.
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Old Feb 2nd 2012, 8:20 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

I was going to do a flagpole trip, or visit Buffalo etc, to come back in as a visitor if nothing else comes up. Hoping that explaining the situation to them will suffice
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Old Feb 2nd 2012, 8:38 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by conjonway
I was going to do a flagpole trip, or visit Buffalo etc, to come back in as a visitor if nothing else comes up. Hoping that explaining the situation to them will suffice
I was going to do that and was advised not to, because there is a risk they might not let you back in. Far better to apply online to extend your visitor status and pay the fee - I believe it is $75, not very much in the grand scheme of things.

As others have said the only option is to find a job, get offered it and the employer then has to apply for a LMO. I guess if you already have a job, there is a chance your employer will agree to doing this. Whether the government will agree to issue the LMO is another matter. The reality is though that you might be facing a period of unemployment because as a visitor you cannot legally work. The good thing is that, the application could well be sorted by the summer. I applied at the end of August, and they've just made a decision on my file, so fingers crossed they'll be sending my COPR (confirmation of PR) in the post as we speak. All in all it will have been just over 5 months for me.
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Old Feb 2nd 2012, 8:45 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

If you already have an application for a spousal sponsorship in the re entering as a visitor is an option. Yes there is a risk you could not be admitted but if you meet all the requirements and have sufficient funds then I dont see why you would be refused especially if you inform CBSA of your circumstances. Getting an LMO and finding someone to give you a job might be a challenge.
Its convincing CBSA that you wont be working and will leave that is also a challenge but I cant see why it wouldnt work. CBSA has access to your application as long as its in the system.
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Old Feb 8th 2012, 2:56 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by Former Lancastrian
If you already have an application for a spousal sponsorship in the re entering as a visitor is an option. Yes there is a risk you could not be admitted but if you meet all the requirements and have sufficient funds then I dont see why you would be refused especially if you inform CBSA of your circumstances. Getting an LMO and finding someone to give you a job might be a challenge.
Its convincing CBSA that you wont be working and will leave that is also a challenge but I cant see why it wouldnt work. CBSA has access to your application as long as its in the system.
Never actually thought that re-entering would ever be a problem.

It'll be hard to convince them that I'm going to leave though, my PR application's strength is based upon the fact my gf (still not sure how I feel about calling her my common-law-er yet) and I own a house, car etc in Toronto.

Think I'll just stick with being honest. Or as victorfoxtrot said - applying online
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Old Feb 8th 2012, 3:01 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Never actually thought that re-entering would ever be a problem.

Several thousand Allowed To Leaves or Removal Orders might nullify that train of thought.
If already here then applying within might be the safest route though no guarantees it will be accepted then you get the dreaded letter asking you to leave.
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Old Feb 8th 2012, 5:14 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by Former Lancastrian
Never actually thought that re-entering would ever be a problem.

Several thousand Allowed To Leaves or Removal Orders might nullify that train of thought.
If already here then applying within might be the safest route though no guarantees it will be accepted then you get the dreaded letter asking you to leave.
Definitely pushing me towards a TWP option.

As usual thank you so much for all the input Seriously not sure where I'd be without this website.

Probably still the UK.
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Old Feb 8th 2012, 5:29 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by christmasoompa
Implied status isn't an option I'm afraid, as it's not applicable to those on IEC's.

LMO and normal TWP seems to be your only option from what you've said.

Good luck.

A lawyer at a session I attended last year actually advised otherwise. She was advising people who were applying for a spousal permit that they could continue working on implied status as long as the application was filed with the normal 30 day notification period.
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Old Feb 8th 2012, 5:33 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by DigitalGhost
A lawyer at a session I attended last year actually advised otherwise. She was advising people who were applying for a spousal permit that they could continue working on implied status as long as the application was filed with the normal 30 day notification period.
If its a spousal open work permit that is totally different to IEC.
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Old Feb 8th 2012, 5:36 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by Former Lancastrian
If its a spousal open work permit that is totally different to IEC.
No the participants were on IEC or the old WHV's at the time and she was adivising them that they could continue working on implied whilst their spousal application was in progress or if not spousal then they could just apply for a TWP extension to buy them some time.

I have noticed that the old WHV's had 'No Extensions under this program' printed on them but the new ones don't.
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Old Feb 8th 2012, 5:46 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Maybe she was reading this
http://www.cic.gc.ca/english/resourc...2010/ob242.asp

Maybe she should have read this
Extending Your Stay in Canada

I'm currently in Canada as an IEC working holiday participant. Can I extend my current work permit, or do I have to apply again?

You cannot extend your work permit for a second year. In order to take part in the IEC initiative you will need to apply again, ensuring that you meet the new criteria. If you are accepted, you will have to leave Canada and re-enter with your new Letter of Introduction in order to be issued your new work permit.
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Old Feb 8th 2012, 5:48 pm
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Default Re: That 'No Man's Land' time between work visa expiration and PR...

Originally Posted by Former Lancastrian
Maybe she was reading this
http://www.cic.gc.ca/english/resourc...2010/ob242.asp

Maybe she should have read this
Extending Your Stay in Canada

I'm currently in Canada as an IEC working holiday participant. Can I extend my current work permit, or do I have to apply again?

You cannot extend your work permit for a second year. In order to take part in the IEC initiative you will need to apply again, ensuring that you meet the new criteria. If you are accepted, you will have to leave Canada and re-enter with your new Letter of Introduction in order to be issued your new work permit.
I think she was referring to extending it under a normal TWP but then purposefully not including an LMO etc so that the application is refused. It would obviously take them a number of months to even process and refuse the application though.
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