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Author Topic: Can I work legally in Canada while waiting inland for PR approval?  (Read 504 times)
squirrel
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Gender: Female
Posts: 16


« on: August 10, 2009, 03:05:45 pm »

Hello everybody,

I would be grateful for your advice. I am currently on visitor visa and I have just lodged my PR application based on spousal sponsorship inland in Vancouver - my husband is Canadian. We all know how long it takes to get things approved.
My question is - Can I work during these long waiting months and contribute to our family budget? What are my options? Can I apply for work permit or else? what would be the easiest and the best way?

Thanks in advance for all your time.


Best,

Maria
Logged

INLAND. VANCOUVER. Application sent September 29th 2009
Application received by CIC-V October 1st 2009
Leon
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Gender: Male
Posts: 5980


« Reply #1 on: August 10, 2009, 03:44:27 pm »

When you sent in your inland application, you could have sent with it an application for an open work permit to be issued at your first stage approval.  If you have your file number already, I suppose you can send it now and ask for it to be added to your file.  Getting the first stage approval takes 5-6 months and then you will get your open work permit.  Until then, you can not work.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
squirrel
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Gender: Female
Posts: 16


« Reply #2 on: August 10, 2009, 03:59:12 pm »

Leon, thank you for a quick response. Just to clarify things - as I understand I cannot lodge "separate" application for work permit as, let's say foreign, worker, so it can be processed quicker while application for PR is on waiting list. It all has to go together? On the other note - how long it takes to process application for open work permit? is it the same long procedure as for PR?

Thanks again!

Maria
Logged

INLAND. VANCOUVER. Application sent September 29th 2009
Application received by CIC-V October 1st 2009
Leon
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Gender: Male
Posts: 5980


« Reply #3 on: August 10, 2009, 04:09:33 pm »

If you wanted to apply for a work permit as a temporary foreign worker, you would a) have to have a job offer b) with a positive LMO and c) prove to Canada immigration that you will leave Canada when your work permit expires.  So even if you can get a) and b) covered, c) would be almost impossible since you are applying for PR and obviously not about to be leaving Canada.

The open work permit you qualify for as an inland spouse at first stage approval is processed alongside your first stage approval and if you had sent them together, you would have gotten your work permit at the same time you would get your first stage approval.  If you send it in to be added to your file as soon as you have your file number, you may get it at the same time.  If you wait for your first stage approval to apply for a work permit, it may take a couple of months to process.

Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
squirrel
Member
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Gender: Female
Posts: 16


« Reply #4 on: August 11, 2009, 10:41:09 am »


The open work permit you qualify for as an inland spouse at first stage approval is processed alongside your first stage approval and if you had sent them together, you would have gotten your work permit at the same time you would get your first stage approval.  If you send it in to be added to your file as soon as you have your file number, you may get it at the same time.  If you wait for your first stage approval to apply for a work permit, it may take a couple of months to process.



Thank you Leon, (this is really helpful forum because of the people like you) - I will take your advice and will lodge my application for the open work permit as well, so they will add it to the file. One thing confuses me - what form I should print out from CIC page? Seems to me that all forms are for the applications with job offers. - standard ones for people who apply for work permits. Is there any "special" form for people who are applying as spouses? The last thing I want to do is to send in wrong paperwork. Maybe you can help?

Thanks again!

Maria
Logged

INLAND. VANCOUVER. Application sent September 29th 2009
Application received by CIC-V October 1st 2009
Leon
VIP Member
*******
Gender: Male
Posts: 5980


« Reply #5 on: August 11, 2009, 02:36:47 pm »

Use this form: http://www.cic.gc.ca/english/information/applications/visitor.asp for change of conditions.  Check C for initial work permit and in "D - My Request - 10" write that you would like to be issued an open work permit when your PR application reaches first stage approval.  Write your file number in there.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
RobsLuv
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Gender: Female
Posts: 656


« Reply #6 on: August 11, 2009, 03:21:58 pm »

Leon, thank you for a quick response. Just to clarify things - as I understand I cannot lodge "separate" application for work permit as, let's say foreign, worker, so it can be processed quicker while application for PR is on waiting list. It all has to go together? On the other note - how long it takes to process application for open work permit? is it the same long procedure as for PR?

Thanks again!

Maria

You could file a separate application for a restricted work permit, but that involves finding an employer willing to hire you who can get authorization to hire a foreign national - which involves the employer proving that there are no qualified Canadian applicants.  If that all went well, then you'd have to use the job offer to apply to Immigration Canada (through your home embassy) for a restricted work permit.  All in all, that would take longer to do than just waiting for first stage approval of your inland PR application.  Problem is, though: you didn't include an extension application, with the work permit option, WITH your inland PR ap - and you needed to do that not only to be eligible for a work permit as soon as your case is assessed for first stage approval, but to protect your temporary status and keep it current (like you're required to do).  Hopefully you have documented, still valid temporary status in Canada AND your application has not been opened yet to assess for first stage approval (they're currently assessing applications received through Jan 27, 2009) or you're going to experience delays in the processing of your inland PR application because they'll ship your application to your local CIC office for special processing and it will sit in a queue until the aps ahead of it are processed.  Some local offices are backlogged for up to two years!!!

If you do have documented status, you should immediately (before the temporary status expires) send an extension application to CPC-Vegreville, checking the box for "initial work permit" and paying the $150 fee.  Send with the application proof of your current temporary status . . . and give CPC-Vegreville as much information as you can to identify your inland PR application so they can match up the extension application with the inland PR ap.  Your best form of identification is your client ID# off your temporary status document because that ID# follows you throughout the application process.  Write across the top of the extension application, "INLAND APPLICATION FILED ON DD/MM/YYYY - OPEN WORK PERMIT APPLICATION - TO BE PROCESSED ONLY AFTER APPROVAL IN PRINCIPLE".   

If you currently have documented proof of your temporary status, CPC-Vegreville should be able to match your inland PR ap and  your extension application - and once they finish finalizing the first stage of assessment and they grant you Approval in Principle (AIP), they then will automatically issue you an open work permit.  You can't work until you have that permit. 
« Last Edit: August 11, 2009, 03:27:57 pm by RobsLuv » Logged

Married Sept '06 after 4 yr LDR.  Applied via outland ap in March 2007 -  refused Jan '08 due to inadmissible adult "dependent child".  Appeal filed Jan '08; still waiting for resolution.
squirrel
Member
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Gender: Female
Posts: 16


« Reply #7 on: August 11, 2009, 10:55:25 pm »

Thank you so much for all information. I am amazed that some of you manage to find time and help us, newbies. I don't think many people are able to figure out many things themselves, especially the ones who deal with the immigration for the first time. This forum helped me heaps so far. I will get on my papers tomorrow, thanks to You and Leon!

(I can't wait to get to work!)

All the best,

Maria



Logged

INLAND. VANCOUVER. Application sent September 29th 2009
Application received by CIC-V October 1st 2009
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