Applied for PR, need new WP!

[a_p]

Hi everyone,

I'm in the process of sponsoring my wife for PR.  I'm a Canadian citizen, she is a U.S. citizen who's been working and living in Canada with me for the past few years with 1-year work permits (renewed annually at the border).

I've sent off the sponsorship paperwork, but it seems like it will take a few months for anything to really happen on the file.  Her current permit (and OHIP, etc.) will expire in February 2011.  Her employer is of course willing to offer her a permanent role, or another "1 year" contract as they have in the past.

My question is, what's the best course of action for her?  Ideally we'd like her to continue with OHIP coverage and her job.  Being unsure whether there will be any adjudication complete on her application for PR within a year, can she get a "2 year" offer/permit, or...

Thanks,

[jes_ON]

The length of the work permit is determined by the length of time approved on the LMO, and the length of the contract.  If the employer is willing to give  2 year contract, they should state 2 years on the LMO application, and in the job offer letter / contract.  If the LMO is approved for 2 years and the contract is only for 1, then the WP will only be for 1.  If the employer is willing to offer permanent employment, then a 2 year contract shouldn't be a problem...

[a_p]

Thanks Jes,.. she's an Architect so never had to obtain an LMO in the past.  So if I'm understanding, she can just ask for a 2 year employment offer to extend her existing permit.  That should (hopefully) cover off the wait on adjudication of my sponsorship / her PR application.

With an offer of employment, and say a receipt of payment to show that her sponsorship / PR work is under way, is there any way for her to obtain an open permit valid until a decision is made on her PR application?  At least that way she can switch employers easier, and in the event her PR takes more than 2 years then it would save another trip to the border??

[jes_ON]

Thanks Jes,.. she's an Architect so never had to obtain an LMO in the past.  So if I'm understanding, she can just ask for a 2 year employment offer to extend her existing permit.  That should (hopefully) cover off the wait on adjudication of my sponsorship / her PR application.

OK, LMO-exempt under NAFTA... Yep, if the employer offered her a 2 year contract, then (most likely) she would be able to obtain a 2-year work permit. 

Given this is a "dual intent" situation, she should make it clear that she understands that she must leave Canada at the end of the period of authorized stay...

With an offer of employment, and say a receipt of payment to show that her sponsorship / PR work is under way, is there any way for her to obtain an open permit valid until a decision is made on her PR application?  At least that way she can switch employers easier, and in the event her PR takes more than 2 years then it would save another trip to the border??

Unfortunately, there is no way to do this that I know of...  but at least if she does want to change employers, being eligible under NAFTA makes things easier...

As I understand it, once your sponsorship application is approved and her PR application is approved "in principal," she will receive a letter authorizing a work permit (open).  But I have no idea how long that would take.

She does not actually have to go to the border to renew the TWP, she can apply to extend the work permit inside Canada (online, even).  The border IS faster, but if she applies at least 2 months before the old work permit expires, she should receive the new one before the old one expires.

http://www.cic.gc.ca/english/work/extend-stay.asp

[a_p]

Jes thank you for all your help.  I was aware of the online application but figured it may be easier at the border insomuch that she can actually speak with an individual face-to-face to clarify anything that may not be crystal clear.  We're actually planning to visit her family in the US over the holidays... is this something she could do on the drive back?  Her work permit expires February 2011... so if she got it "renewed" for 2 years on say January 6th, could they issue one from Feb2011 - Feb2013 or does it have to be from the day of?

The past 2 years they've been asking her why she hasn't yet applied for PR... well now she has... let's see if it makes life easier!  LOL!!

Thanks again,

[jes_ON]

I'm planning to get mine on the way back from the Christmas holidays too   The end date (not the start date) is what is fixed by the job offer, and january is not too soon for a renewal of a WP expiring in February, so I think you will be fine.  If you have any difficulties obtaining it at the border, you still have plenty to time to apply through Vegreville...