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Question regarding Canadian Experience Class

Question regarding Canadian Experience Class

Old May 3rd 2010, 5:01 am
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Default Question regarding Canadian Experience Class

Hi We are about to start the application for PR through the Canadian Experience Class. We have been in Canada now for 6 years but my husband has been with his current job as manager for over 2 years. He is considering leaving this job and becoming a stay at home dad whilst studying at home whilst the application is being processed. Our work permit runs out July 2011 (I am on an open work permit). If he does quit his current job (which is the one that is stated on his work permit) will we still be able to remain in Canada and will I still be able to work with my open work permit? What happens if our application is not processed by July 2011? DO we have to leave the country until its processed or can we remain in canada - maybe on a visitors permit? Or would we still be able to roll our permit over? I run my own business here so If we did have to leave the country or I wasnt legal to work after July 2011 my business would close and I would lose everything.

Any help would be appreciated.

Thanks
Sally
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Old May 3rd 2010, 11:09 pm
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Default Re: Question regarding Canadian Experience Class

I'm sure I'll be corrected if I'm wrong on any of these points.

My understanding was that if the holder of the TWP invalidates their TWP then any open work permits associated with it become invalid too as they are dependant on the TWP.

I'm not exactly sure what the situation is if he still has a TWP and decides simply to not work for the current employer but not seek employment elsewhere. I would not be shocked to find if you stopped working then it would invalidate the TWP, at which point you would have two/three months to leave Canada.

If you apply for PR before the invalidation then you get "implied" status (not sure if it's on application submittal or on AIP - Application in Principle, probably the latter, which could take a while to come through) which means even if your TWP expires you don't have to leave until the status of your PR application is determined. I don't think it means you can simply go and get another job, I think it's more a case of you don't have to leave until a decision is made, but you are still bound by the terms of the original TWP, which probably limits you to employment with the current employer and no other.

My understanding of CEC is that it's meant to be a quick route for TWP'ers who have been here for 2 years or more to obtain PR, as there aren't that many options available to get PR once you are here apart from PNP, FSW and spousal sponsorship (which won't apply to you as neither of you is a PR or Canadian Citizen). I'm not sure how long it takes to get CEC, my impression was around six months, or possibly quicker. I'm sure I recall people turning up at Buffalo in person and submitting an application and getting it approved on the spot, much like getting a TWP at POE (fly into Pearson, see immigration staff, present paperwork, ask nicely for TWP, get it within an hour - well, that's what happened for me, but I was intra-company transferee, so somewhat different form the normal TWP application)

I'd suggest calling the CIC and posing the question to them as they'll be able to tell you exactly what you need to know.

Last edited by sharkus; May 3rd 2010 at 11:13 pm.
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Old May 4th 2010, 1:11 am
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Default Re: Question regarding Canadian Experience Class

Your WP does not become invalid if you are to stop working or your partner in this case.

Your WP and thus your Visa is still valid until its expiry even if you get made redundant meaning you can continue to work on your open permit even though you husband is no longer working however your husband obviously can not work for anyone other than the company on his TWP.

If however he gets a new TWP issues you will need to change your's to fall in line with his.
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