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Author Topic: Can you get a work visa while an outland app in process  (Read 518 times)
tulamoon
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Posts: 116
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 02-03-2011
Doc's Request.: --
AOR Received.: --
Med's Done....: 25-02-2011
Interview........: --
Passport Req..: --
VISA ISSUED...: --
LANDED..........: --

« on: March 30, 2011, 11:14:31 am »

I'm lazy, and don't feel like searching around...

My husband lives with me, was issued a student visa good until December 2012. We thought we were golden. Unfortunately he HATES the program he's taking and doesn't want to go back in September which means technically he has to leave Canada. I'm optimistic that we might have his permanent residency sometime late summer and this will all be a non-issue, but there's no guarantee on that of course... My question is, since he applied outland can he also apply for a temporary work visa so he can stay? He has no where to go if he can't stay with me.... It's never simple being with someone from another country.
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Leon
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Posts: 13684
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« Reply #1 on: March 30, 2011, 11:22:10 am »

He can not get an open work permit based on having an outland application.  If he wants a work permit, he needs to find employment, the employer needs to apply for an LMO and if he gets one, then he can apply for a work permit.
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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
tulamoon
Star Member
****

Posts: 116
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 02-03-2011
Doc's Request.: --
AOR Received.: --
Med's Done....: 25-02-2011
Interview........: --
Passport Req..: --
VISA ISSUED...: --
LANDED..........: --

« Reply #2 on: March 30, 2011, 11:23:21 am »

Ok cool. thanks.
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canadayogini
Star Member
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Posts: 124
Ratings: +2
Category........: FAM
Visa Office......: Sydney
App. Filed.......: 01-11-2010
AOR Received.: 20-12-2010
File Transfer...: 09-12-2010
Med's Done....: 06-10-2010
Passport Req..: 01-04-2011
VISA ISSUED...: 13-04-2011

« Reply #3 on: March 30, 2011, 07:55:17 pm »

Depending what country he's from and his age he may also be eligible to apply for a working holiday visa.
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kelKel
Champion Member
******

Posts: 1300
Ratings: +61
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 06-10-2010
AOR Received.: 17-11-2010
File Transfer...: 04-11-2010
Interview........: Waived
Passport Req..: 28-02-2011
LANDED..........: 03-03-2011

« Reply #4 on: March 30, 2011, 08:02:21 pm »

He could also change his status to visitor until he gets approved. 
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tulamoon
Star Member
****

Posts: 116
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 02-03-2011
Doc's Request.: --
AOR Received.: --
Med's Done....: 25-02-2011
Interview........: --
Passport Req..: --
VISA ISSUED...: --
LANDED..........: --

« Reply #5 on: April 11, 2011, 02:25:45 pm »

Ok so I've been looking into this more...

How does an American change their status from student to Visitor? He's Visa Exempt being American and all ... Can Americans even apply for a temporary visitor visa? I've been looking for info on this and can't find anything.

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Leon
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Posts: 13684
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« Reply #6 on: April 11, 2011, 02:33:04 pm »

He can apply to change his status to visitor, see http://www.cic.gc.ca/english/information/applications/visitor.asp  He should mention that he has applied outland and give a file number if you have one and that he wants to stay with you while waiting for that.

How long has he been studying?  Is he keeping his grades up?  If he has been studying for 6 months or more and is still in the program (the one he hates) and doing ok academically, he can apply for a student work permit, see http://www.cic.gc.ca/english/study/work-offcampus.asp which would allow him to work at any job (open permit) up to 20 hours a week during the semester and once the semester is out, which should happen soon, he can work full time during the summer and if he gets his PR before September, he would not have to return to his course because he doesn't need this work permit any more.
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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
tulamoon
Star Member
****

Posts: 116
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 02-03-2011
Doc's Request.: --
AOR Received.: --
Med's Done....: 25-02-2011
Interview........: --
Passport Req..: --
VISA ISSUED...: --
LANDED..........: --

« Reply #7 on: April 11, 2011, 03:36:34 pm »

Yeah he has been in school since september, and he's currently in good academic standing so he could technically apply for one of those student work visas now. But its looking like he'll likely end up failing a course or two at the end of the term in May, soooo things would then get complicated.

I'm so incredibly stressed out over this.
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tulamoon
Star Member
****

Posts: 116
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 02-03-2011
Doc's Request.: --
AOR Received.: --
Med's Done....: 25-02-2011
Interview........: --
Passport Req..: --
VISA ISSUED...: --
LANDED..........: --

« Reply #8 on: April 11, 2011, 04:32:24 pm »

So I called the CIC.. novel idea I know. haha. And they said he doesn't have to leave canada cuz he is technically here legally. He just can't do anything like work or whatever.... So that's kind of a relief... seems weird to me, but I guess it makes sense.
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Baloo
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Posts: 4946
Ratings: +192

« Reply #9 on: April 11, 2011, 05:05:48 pm »

So I called the CIC.. novel idea I know. haha. And they said he doesn't have to leave canada cuz he is technically here legally. He just can't do anything like work or whatever.... So that's kind of a relief... seems weird to me, but I guess it makes sense.

So, in the end you were not lazy, and did have to search around Smiley
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
tulamoon
Star Member
****

Posts: 116
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 02-03-2011
Doc's Request.: --
AOR Received.: --
Med's Done....: 25-02-2011
Interview........: --
Passport Req..: --
VISA ISSUED...: --
LANDED..........: --

« Reply #10 on: April 11, 2011, 05:50:04 pm »

I'm lazy usually until something really starts to weigh on my mind then i'll do it. Haha.
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Baloo
VIP Member
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Posts: 4946
Ratings: +192

« Reply #11 on: April 11, 2011, 06:03:18 pm »

I'm lazy usually until something really starts to weigh on my mind then i'll do it. Haha.

Now you are accustomed to the feeling (as far as immigration is concerned), we will let you search a bit more in future Smiley
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
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