TWP to PR question

Old Dec 30th 2016, 11:33 am
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Default TWP to PR question

Hi all, someone at work has asked about the following:

If a company brought you over on a TFWP and then sponsors you for PR and your contract/TFWP expires before the PR is given/declined do they have to still employal you? Can you carry on working if one is expired before the next one is granted?

TIA
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Old Jan 4th 2017, 4:02 pm
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Default Re: TWP to PR question

Don't mean to bump, but does anyone have any ideas?
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Old Jan 4th 2017, 5:21 pm
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Default Re: TWP to PR question

Originally Posted by Piff Poff
Don't mean to bump, but does anyone have any ideas?
The problem is there's not enough info here to give a sensible answer. The only thing to say is that if someone is here on a WP and they want to keep working, they need to apply for another before their current status expires. Implied status applies if a new WP application is made before the current one expires. That means a person can keep working under the terms of the previous WP until a decision is made on the application for a new one. There needs to be a basis for the new WP to be issued or the application will be refused.

S

Last edited by Snowy560; Jan 4th 2017 at 5:30 pm.
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Old Jan 5th 2017, 8:31 am
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Default Re: TWP to PR question

Originally Posted by Snowy560
The problem is there's not enough info here to give a sensible answer. The only thing to say is that if someone is here on a WP and they want to keep working, they need to apply for another before their current status expires. Implied status applies if a new WP application is made before the current one expires. That means a person can keep working under the terms of the previous WP until a decision is made on the application for a new one. There needs to be a basis for the new WP to be issued or the application will be refused.

S
Situations is: WP expires at the same time as the contract. Employer has sponsored the PR application. What happens if the PR is not completed before the WP/contract expires.
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Old Jan 5th 2017, 9:30 am
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Default Re: TWP to PR question

Originally Posted by Piff Poff
Situations is: WP expires at the same time as the contract. Employer has sponsored the PR application. What happens if the PR is not completed before the WP/contract expires.
Was the work permit obtained by the LMIA process initially? If so then a new LMIA would be required as I highly doubt CIC would extend the current work permit. You might be eligible for the Bridging Open Work Permit.
International Mobility Program: Provincial nominees and permanent residence applications – Bridging open work permits for certain federal economic class applicants
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Old Jan 6th 2017, 8:23 am
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Default Re: TWP to PR question

Thanks, so just to clarify, if the employer has sponsored someone for PR that has not yet been approved and the TFWP expires, then that person cannot work until PR is approved. Does the employer have to still employ them? I'm asking for someone else who is not understanding (clearly neither am I lol).
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Old Jan 6th 2017, 8:40 am
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Default Re: TWP to PR question

That person needs help Piff Poff. You cannot possibly take responsibility for advising them and nor can anyone else on this forum. As you say yourself, you don't understand the situation clearly, they certainly don't and we cannot on the basis of the info you have been provided with.

If they want to ensure they have the maximum chance of staying in Canada legally and the maximum chance of obtaining PR, they have to get help. There are so many variables with what you are asking. That's why no one is giving you a clear and definitive answer. There isn't one to give other than every situation is individual and that each person has to stay within the law.

I know you really want to help that person but I don't think you should take the responsibility.

S

Last edited by Snowy560; Jan 6th 2017 at 8:44 am.
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Old Jan 7th 2017, 2:36 am
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Default Re: TWP to PR question

Originally Posted by Piff Poff
Thanks, so just to clarify, if the employer has sponsored someone for PR that has not yet been approved and the TFWP expires, then that person cannot work until PR is approved. Does the employer have to still employ them? I'm asking for someone else who is not understanding (clearly neither am I lol).
The "someone else" should sign up and ask the questions here themself.
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Old Jan 7th 2017, 6:05 am
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Default Re: TWP to PR question

I've bowed out and mentioned the site numerous times, if I can't help then I can't help! There must be stuff she doesn't want me to know
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Old Jan 7th 2017, 6:29 am
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Default Re: TWP to PR question

Originally Posted by Piff Poff
I've bowed out and mentioned the site numerous times, if I can't help then I can't help! There must be stuff she doesn't want me to know
It seems you've done the best you can. Kudos for trying to help!
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Old Jan 7th 2017, 1:34 pm
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Default Re: TWP to PR question

Yes Piff Poff. You've done the right thing.

Let's say someone on this forum said to do something in response to what you wrote.
And that something was wrong/or misunderstood because the someone didn't know the law or just got it wrong because there was so little information.
Then you told your colleague to do that thing.
They did it and found themselves out of status and/or the PR application ruined either because the thing they did was wrong or they misunderstood something about what they were supposed to do.
They might blame you or at the very least you'd feel terrible ...

Some Qs on the forum are straightforward ("you tick this box" or "make sure you include this form"). This isn't one of those.

S
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