TM75

I have my application as a skilled worker currently in progress in London, UK. I was in Canada as a visitor, living with my fiance/daughter and hoping that my PR would be finalised before my visitor status expired however unfortunately it is still in progress and my visitor's status has expired. I applied for an extension however it was refused. I thought they would allow it under 'duel intent' however ...

I have an HRDC approved job offer, details of which were sent with my PR application. As I do not know how long my application has still to go, and the emplyer would like me to start work asap, I was wondering if I could apply for a work visa - either from within Canda, or go home and apply from there?

Any advice greatly appreciated.

Andrew Miller

If you would have been sponsored then extension of stay could have been obtained much easier. Leave Canada ASAP if you don't want to jeopardize your PR process. You cannot apply for Work Permit in Canada - you need to do it back home and if your job offer has HRSDC validation (Labour Market Opinion). If you only have positive Arranged Employment Opinion from HRSDC then you can't apply for work permit with such offer.

TM75

Thank you for your response.

Since my application for an extension to my visitor's status was denied, I have been in the country on an appeal. I hired a lawyer and he put an appeal in the Federal Court. I have not heard back from them yet as apparantly it takes a long time to get a date. He advises I can legally stay in the country until then. However, I received a letter from CHC London asking for 'proof of departure' which I obviously dont have as I havent left yet. They wont continue processing my application until they have it. My lawyer says I should leave and send them the confirmation of departure, and await the outcome of my immigration application in London Uk.

I was wondering if I should contact CHC and explain the circumstances under which I have not left. I do not want to do anything to affect my PR application, however am desperately seeking a way to legally stay in Canada as I take care of my fiance's daughter and my returning to the UK until I have my PR card is going to devastate her.

Thanks for any advise you may have.

Andrew Miller

You've been advised by Jim and others here to leave Canada immediately as otherwise your PR application in London will be on hold or even worse - if you don't provide proof of departure within the deadline your case will be closed.

Why are you so stubborn and listen to lawyer who advises you to file refugee claim??? If you are UK national then lawyer advising you to file refugee claim is absolutely worthless any money you pay him.