PR pending, BUNAC expires soon
Jun 28th 2009, 5:07 pm
#1
Just Joined
Thread Starter
Joined: Jan 2008
Location: London
Posts: 22
PR pending, BUNAC expires soon
Hi all,
It's been a while since my last post but it's nice to see the same user names still appearing!
I'm having some problems finding advice on my query:
My partner and I are half way through the PR process (PNP route). We have just received our medical requests. To cut a long story short I am on a BUNAC visa that expires mid September and my partner is on a TWP. I am worried if we do not get PR by mid September I will have to go home. My questions are:
1) Can I apply for a change of status (BUNAC ----> Spousal Work Permit) and if so will I receive it in time?
2)Do I have implied status?
3) If BUNAC does run out do I have to leave Canada for a certain amount of time before I can re-enter?
3)Does anyone know of a better solution?
Thank you in advance for any advise....
It's been a while since my last post but it's nice to see the same user names still appearing!
I'm having some problems finding advice on my query:
My partner and I are half way through the PR process (PNP route). We have just received our medical requests. To cut a long story short I am on a BUNAC visa that expires mid September and my partner is on a TWP. I am worried if we do not get PR by mid September I will have to go home. My questions are:
1) Can I apply for a change of status (BUNAC ----> Spousal Work Permit) and if so will I receive it in time?
2)Do I have implied status?
3) If BUNAC does run out do I have to leave Canada for a certain amount of time before I can re-enter?
3)Does anyone know of a better solution?
Thank you in advance for any advise....
Jun 29th 2009, 6:05 am
#2
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: PR pending, BUNAC expires soon
Hi
1. Only if your spouse's occupation is level A,B or O of the NOC.
2. No.
3. You could apply for an extension as a visitor to Vegreville.
Hi all,
It's been a while since my last post but it's nice to see the same user names still appearing!
I'm having some problems finding advice on my query:
My partner and I are half way through the PR process (PNP route). We have just received our medical requests. To cut a long story short I am on a BUNAC visa that expires mid September and my partner is on a TWP. I am worried if we do not get PR by mid September I will have to go home. My questions are:
1) Can I apply for a change of status (BUNAC ----> Spousal Work Permit) and if so will I receive it in time?
2)Do I have implied status?
3) If BUNAC does run out do I have to leave Canada for a certain amount of time before I can re-enter?
3)Does anyone know of a better solution?
Thank you in advance for any advise....
It's been a while since my last post but it's nice to see the same user names still appearing!
I'm having some problems finding advice on my query:
My partner and I are half way through the PR process (PNP route). We have just received our medical requests. To cut a long story short I am on a BUNAC visa that expires mid September and my partner is on a TWP. I am worried if we do not get PR by mid September I will have to go home. My questions are:
1) Can I apply for a change of status (BUNAC ----> Spousal Work Permit) and if so will I receive it in time?
2)Do I have implied status?
3) If BUNAC does run out do I have to leave Canada for a certain amount of time before I can re-enter?
3)Does anyone know of a better solution?
Thank you in advance for any advise....
2. No.
3. You could apply for an extension as a visitor to Vegreville.
Jun 29th 2009, 7:15 am
#3
Forum Regular
Joined: Sep 2007
Location: Peterborough, Ontario
Posts: 30
Re: PR pending, BUNAC expires soon
Hi PMM,
I am in the same kind of stuation.
We came over 10 months ago (wife on Study permit, I on OWP and 3 kids). My two oldest were given study permits but my youngest being 4 years old, his passport was only stamped as accompaning his mom. Unfortunately, the date stamp for expiry on it was Sept 2009 to coincide with the expiry date of his passport. We have since renewed his passport.
We have applied for PR and have received a 90 letter and have submitted all relevant document to London at end of May 09. Do I need to renew his visa just in case we do not complete the PR by end of September or does he have implied status as my wife's visa does not run out until September 2010?
I am in the same kind of stuation.
We came over 10 months ago (wife on Study permit, I on OWP and 3 kids). My two oldest were given study permits but my youngest being 4 years old, his passport was only stamped as accompaning his mom. Unfortunately, the date stamp for expiry on it was Sept 2009 to coincide with the expiry date of his passport. We have since renewed his passport.
We have applied for PR and have received a 90 letter and have submitted all relevant document to London at end of May 09. Do I need to renew his visa just in case we do not complete the PR by end of September or does he have implied status as my wife's visa does not run out until September 2010?
Jun 29th 2009, 5:13 pm
#4
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: PR pending, BUNAC expires soon
Hi
If he is specifically listed on your spouses study permit, then you don't have to do anything.
Hi PMM,
I am in the same kind of stuation.
We came over 10 months ago (wife on Study permit, I on OWP and 3 kids). My two oldest were given study permits but my youngest being 4 years old, his passport was only stamped as accompaning his mom. Unfortunately, the date stamp for expiry on it was Sept 2009 to coincide with the expiry date of his passport. We have since renewed his passport.
We have applied for PR and have received a 90 letter and have submitted all relevant document to London at end of May 09. Do I need to renew his visa just in case we do not complete the PR by end of September or does he have implied status as my wife's visa does not run out until September 2010?
I am in the same kind of stuation.
We came over 10 months ago (wife on Study permit, I on OWP and 3 kids). My two oldest were given study permits but my youngest being 4 years old, his passport was only stamped as accompaning his mom. Unfortunately, the date stamp for expiry on it was Sept 2009 to coincide with the expiry date of his passport. We have since renewed his passport.
We have applied for PR and have received a 90 letter and have submitted all relevant document to London at end of May 09. Do I need to renew his visa just in case we do not complete the PR by end of September or does he have implied status as my wife's visa does not run out until September 2010?
Jun 30th 2009, 2:33 am
#5
BE Enthusiast
Joined: Oct 2008
Posts: 422
Re: PR pending, BUNAC expires soon
Keylog:
I'm in roughly the same situation (almost the same dates too) so my plan should apply for you.
You said you were half way through PR via PNP? Does this mean you actually have the provincial nomination? If so then it should be easy.
When you need it ask the PNP office for a letter of support for a work permit for the principal applicant. You then use that letter of support to get a work permit. I haven't yet done the research to determine whether it's best to try this at the border or apply to Vegreville.
Note that, strictly speaking, you can't *extend* the BUNAC work permit. You need to apply for a new one. This makes arguing for implied status a bit difficult and implied status is when you *extend* a work permit.
So, my plan:
90 days (or so) from expiry ask for a letter of support from BC PNP, probably get one from my employer to be safe (my occupation doesn't require LMO), determine whether to flagpole or apply to Vegreville and ensure the thing is sent off well before 60 days before the expiry.
I'd hope something like that would work for you. Note that whichever one of you is not the principal applicant will need to apply for a spousal open work permit (SOWP) at the same time.
Re: expiry deadlines and implied stuff. I'm assuming that lots of people get into this boat. CIC has no reason to get rid of good people (in fact quite the opposite) so as long as you can show that you've applied for things in good faith well before time I'd assume CIC won't be tight arse about things.
A colleague of mine flagpoled for a new work permit (neither were BUNAC) a week or so back. Took him most of the day at Peace Arch.
I'm in roughly the same situation (almost the same dates too) so my plan should apply for you.
You said you were half way through PR via PNP? Does this mean you actually have the provincial nomination? If so then it should be easy.
When you need it ask the PNP office for a letter of support for a work permit for the principal applicant. You then use that letter of support to get a work permit. I haven't yet done the research to determine whether it's best to try this at the border or apply to Vegreville.
Note that, strictly speaking, you can't *extend* the BUNAC work permit. You need to apply for a new one. This makes arguing for implied status a bit difficult and implied status is when you *extend* a work permit.
So, my plan:
90 days (or so) from expiry ask for a letter of support from BC PNP, probably get one from my employer to be safe (my occupation doesn't require LMO), determine whether to flagpole or apply to Vegreville and ensure the thing is sent off well before 60 days before the expiry.
I'd hope something like that would work for you. Note that whichever one of you is not the principal applicant will need to apply for a spousal open work permit (SOWP) at the same time.
Re: expiry deadlines and implied stuff. I'm assuming that lots of people get into this boat. CIC has no reason to get rid of good people (in fact quite the opposite) so as long as you can show that you've applied for things in good faith well before time I'd assume CIC won't be tight arse about things.
A colleague of mine flagpoled for a new work permit (neither were BUNAC) a week or so back. Took him most of the day at Peace Arch.
Jun 30th 2009, 5:31 pm
#6
Just Joined
Thread Starter
Joined: Jan 2008
Location: London
Posts: 22
Re: PR pending, BUNAC expires soon
Thank you both PMM and ESarge,
Esarge, my partner is the principal applicant we have the nomination and she has already got her work permit. It was easy getting her permit once we had that letter from the PNP. We did it at the border and it took an hour or so.
My problem is I didn't apply at the same time ( the boarder officer said there was no need as I still had 10 months left on my BUNAC) and now need to get a SOWP.
Esarge, my partner is the principal applicant we have the nomination and she has already got her work permit. It was easy getting her permit once we had that letter from the PNP. We did it at the border and it took an hour or so.
My problem is I didn't apply at the same time ( the boarder officer said there was no need as I still had 10 months left on my BUNAC) and now need to get a SOWP.
Jul 1st 2009, 2:20 am
#7
BE Enthusiast
Joined: Oct 2008
Posts: 422
Re: PR pending, BUNAC expires soon
Then I'd call CIC and discuss the situation. I just had a look on the CIC website and the work permit documentation doesn't appear to directly address your situation.
I'd imagine they'd suggest applying in-Canada to Vegreville for a new SOWP. If you include with it an explanation of what you've told us then you should be fine. You're entitled to a SOWP so you should be able to get one.
Because I'm curious and some of this will apply to me, I've looked a little deeper - it seems you should just apply to Vegreville and continue on implied status. The limitation of this is that you won't be able to leave and re-enter until the work permit arrives.
The operations manual for foreign workers says:
From the Immigration and Refugee Protection Regulations
I'd imagine they'd suggest applying in-Canada to Vegreville for a new SOWP. If you include with it an explanation of what you've told us then you should be fine. You're entitled to a SOWP so you should be able to get one.
Because I'm curious and some of this will apply to me, I've looked a little deeper - it seems you should just apply to Vegreville and continue on implied status. The limitation of this is that you won't be able to leave and re-enter until the work permit arrives.
The operations manual for foreign workers says:
5.24 Application for a work permit after entry R199
Persons who may apply from within Canada
...
In-Canada permanent resident applicants and their family members who are members of the
following classes, determined eligible for PR status: live-in-caregiver, spouse or common-law
partner, protected persons, H&C;
Persons who may apply from within Canada
...
In-Canada permanent resident applicants and their family members who are members of the
following classes, determined eligible for PR status: live-in-caregiver, spouse or common-law
partner, protected persons, H&C;
186. A foreign national may work in Canada without a work permit
...
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
...
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
Jul 2nd 2009, 1:18 pm
#8
Just Joined
Thread Starter
Joined: Jan 2008
Location: London
Posts: 22
Re: PR pending, BUNAC expires soon
thank you,
I did phone CIC and they confirmed your findings I've sent off my application to change status with an explanation on circumstances in the relevant boxes....CIC said to photocopy partners work permit and declaration of common law (already done) Send to Unit 203 (initial permit applications) Vegraville. The best news is processing time is 20 days!
Thank you again ESarge, keep me posted on your situation ...
I did phone CIC and they confirmed your findings
I've sent off my application to change status with an explanation on circumstances in the relevant boxes....CIC said to photocopy partners work permit and declaration of common law (already done) Send to Unit 203 (initial permit applications) Vegraville. The best news is processing time is 20 days! Thank you again ESarge, keep me posted on your situation ...
