craig25

Hi i just want to make sure what i plan to do will be ok and if anyone has done the same,

my bunac visa expires on the 28aug 09,i will apply for a extension of a twp etc and would send it round about the 24th aug,i will know this will get refused because i have no lmo but i can continue to work until the decision is made which i have been told could take up to 3 months,i will also be sending outland sponsorship application around the same time,by doing this i can continue to work while the pr goes through and when the twp does get rejected hopefully my pr will almost be done and approved,does this sound correct what i plan to do ?,

also could i go back to england to see family on the 25th aug as i have a flight automatically booked through bunac and come back to canada and continue to work until the twp gets refused

does it really take up to 3 months for the twp to get processed ?,this would be good for me

christmasoompa

I'm not even sure you can apply for a TWP via post from Canada can you? Thought you had to 'flagpole' if you were already there.

And even if you can, you're applying for 'an extension of a TWP' - but you don't have a TWP! You have a Bunac visa, which is something different. So I'm not sure you'll have any status at as you're applying to extend something that you don't have in the first place.

It can take up to 8 weeks (never heard 3 months) via London but only if it's a complicated case i.e. criminal rehab is involved etc. Yours will be rejected instantly as it has no LMO so doesn't even meet the first requirement. So now way will it take 3 months for you to hear back.

I think you need to be very carefully as I suspect you'll end up working illegally which could really jeopardise your PR application. Are you really prepared to risk that?

I will move this to immigration and hope that PMM, Jim Humphries, Paul Wildy or similar will see it and commen as they are the experts and will know if what you are planning to do is feasible, but in my layman's opinion it's a plan with flaws in!

Antstar

Craig, where are you working?

As for going back home at the end of August, if your Bunac visa expires when you return to Canada it will have to be as a visitor since you will no longer have a right to work. You are also faced with the problem that if you try to re-enter Canada whilst your TWP is being processed you will be denied entry since you obviously are not intending to enter purely as a visitor. It's a long flight just to get turned away at the border! One thing to also note, if you applying for PR then your TWP will most definitely be rejected because by running the two applications in parallel you are clearly showing that you are not intending to be a 'temporary' resident and want to be a permanent resident.

I would advise you to stay in Canada until you need to leave. If you are confident your PR will be approved soon then it might be a worthwhile risk. However, most provinces will give a response to TWP's in 6 to 8 weeks, 12 weeks is an 'optimistic' timeframe.

christmasoompa

Sorry but just had to correct the above for the benefit of anybody else reading - TWP's are approved regularly even if PR applications are already in the system. Numerous people on here have gone via TWP to get over there sooner as their PR application is still being processed.

So both can be applied for at the same time and it doesn't stop a TWP beign granted.

Antstar

REALLY? I was told by the company doing my TWP that it was a big no-no........live and learn I guess! Are you sure this still counts for people who are at early stages in the application process? For example, I know that if you apply for the Alberta Nominee Program, once you are approved as a nominee you no longer need an LMO to get your work permit granted while you continue the process along to PR. However, if you apply for both at similar times and you haven't yet been approved as a 'nominee' I was under the impression that your TWP is automatically rejected.......

christmasoompa

Never heard of a TWP being rejected for that reason. Numerous people on here have done it, there are lots currently out there on a TWP who are waiting for PR to come though which they applied for first.

kleinluka

A bulletin was issued to visa officers recently defining the official regulations in regards to "dual intent", meaning a person applying for a temporary visa while a PR application is in progress...

In the bulletin it is clearly stated that dual intent is acceptable and that applicants should not be refused a temporary visa because they have a permanent visa applicatino running in parrallel as long as the officer is convinced that the applicant will leave Canada upon expiry of his/her temporary status.

Read the bulletin here: http://www.cic.gc.ca/english/resourc...2009/ob131.asp

craig25

hi i never thought working after an expired bunac visa was possible to but this is the link where i got some of the information http://britishexpats.com/forum/showt...king+illegally



i will phone cic just to make sure,if other people have done the same please let me know,even if it gets rejected within 8 weeks i would of still earned 8 weeks worth of wages extra

craig25

Regualtions 186 (u) as follows:
A foreign national may work ing Canada without a work permit until a decision is made on an application made by them under subsection 201 (1), if that 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.

christmasoompa

But everything in that thread is about an application with a LMO - which you don't have! That's what the OP in the thread had (they were going to apply to extend work permit with LMO), and Paul Wildy and PMM's responses (both experts in this who know the law) said an LMO was an essential part of it.

So I really don't see how that thread applies to you. When you phone CIC, make sure you say you don't have a LMO as that's a crucial part of it.

I also don't think you'll have anywhere near 8 weeks - they'll take one look at your application, see there is no LMO and reject it instantly. I would imagine you'll be rejected within a few days.

Let us know what CIC say though as I'll be intrigued to find out.

craig25

ok i will let you know,i tried today but i could not get through

craig25

i got through to cic today,according to her i can apply for the twp and can work until they decline or accept it which in my case will get declined,i explained to her that i would not be applying with an lmo and i was just using it so i can work a little bit longer,i also confirmed that i could do this while my outland application goes through and when the twp does get rejected i can go back to england while it still gets processed.