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Author Topic: Complex situation  (Read 440 times)
Di7bash
Newbie
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Posts: 1
Ratings: +0

« on: January 22, 2012, 04:39:09 pm »

Hi All,

I am in a bit of  Dilemma because of my stupid procrastination.

I am Canadian graduate and I applied a month ago under the Canadian Experienced Class. My problem is that my Work permit expires in July and according to Canada Immigration website the processing time for this type of application can take up to 15 months..

So I was wondering if I have to leave the country before my work permit expires or am I entitled to stay if I have already applied?

The reason for my procrastination is that I am married to a permanent resident and she is dependent on me (she doesn't work because she goes to University full time so I am working and paying all the expenses and that is why I applied under the Canadian experienced class and not the marriage one) and based on my understanding is that in these cases they renew your work permit until a decision has been made on your application.  Now my problem is that something came up and I am strongly considering divorce so I am not sure how will this impact my application and whether or not If we get divorced I will have to leave the country before the expiration of my work permit.


Please help!!!

Di7bash
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scylla
VIP Member
*******

Posts: 4149
Ratings: +105
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #1 on: January 22, 2012, 04:45:42 pm »

The reason for my procrastination is that I am married to a permanent resident and she is dependent on me (she doesn't work because she goes to University full time so I am working and paying all the expenses and that is why I applied under the Canadian experienced class and not the marriage one) and based on my understanding is that in these cases they renew your work permit until a decision has been made on your application.  Now my problem is that something came up and I am strongly considering divorce so I am not sure how will this impact my application and whether or not If we get divorced I will have to leave the country before the expiration of my work permit.

FYI - your wife doesn't have to be working to sponsor you through family class. She just can't be bankrupt or on social assistance (welfare).
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Singh07
Star Member
****

Posts: 129
Ratings: +1
Category........: AINP
Visa Office......: New Delhi
NOC Code......: 2241
App. Filed.......: 31 Oct 2011
Nomination.....: 23 sept 2011
Med's Done....: 7 Dec 2011
Passport Req..: Still waiting, residing in Canada

« Reply #2 on: January 22, 2012, 11:17:47 pm »

Hi All,

I am in a bit of  Dilemma because of my stupid procrastination.

I am Canadian graduate and I applied a month ago under the Canadian Experienced Class. My problem is that my Work permit expires in July and according to Canada Immigration website the processing time for this type of application can take up to 15 months..

So I was wondering if I have to leave the country before my work permit expires or am I entitled to stay if I have already applied?

The reason for my procrastination is that I am married to a permanent resident and she is dependent on me (she doesn't work because she goes to University full time so I am working and paying all the expenses and that is why I applied under the Canadian experienced class and not the marriage one) and based on my understanding is that in these cases they renew your work permit until a decision has been made on your application.  Now my problem is that something came up and I am strongly considering divorce so I am not sure how will this impact my application and whether or not If we get divorced I will have to leave the country before the expiration of my work permit.


Please help!!!

Di7bash

The other option is that you apply for PNP certificate which depends upon your job but if you get it, you can extend your work permit on the basis of that PNP certificate or get a LMO from your employer .These are  the only 2 ways you can get your PGWP extended.
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AINP App
Star Member
****

Posts: 161
Ratings: +1
Category........: AINP
Visa Office......: Buffalo
Job Offer........: Yes
App. Filed.......: 29 - 11 - 2011
Doc's Request.: Yes - Via email asked to justify gaps

« Reply #3 on: January 23, 2012, 12:50:46 pm »

Case 1 - get sponsored by your wife. You can then apply for a work permit on the basis of that.

Case 2 - you get divorced, and you haven't applied for PNP or LMO you must leave the country or move to Visitor Record, or Student Visa.

Case 3 - Apply for PNP. If you are in Sask, Manitoba or Alberta (not sure about BC) its free and on the basis of that extend your work permit to 2 years (closed work permit). PR through PNP is very fast as well.

Just remember once your work permit is extended you can stay in Canada for the Validity of your work permit, even if you get divorced (not a 100% sure - please confirm this), loose job etc

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Leon
VIP Member
*******

Posts: 13691
Ratings: +571

« Reply #4 on: January 23, 2012, 01:04:30 pm »

You are not entitled to stay based on already having applied through CEC.  You should start talking to the employer now about applying for an LMO for you. 

When you are a graduate on a PGWP, you are already exempt from the hardest part of getting an LMO and that is showing recruitment efforts.

In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts. It is recommended that the employer submit the application for an LMO approximately four months before the expiry of the Post-Graduation Work Permit.

Like other people here say, you could apply through PNP but the only thing that will do for you is allow you to get a work permit without needing an LMO.  If the employer is not willing to apply for your LMO, he is probably not willing to sponsor you through PNP either.

Worst case scenario, if nothing works, you might have to go home in July and wait for your CEC or get your wife to sponsor you which may not be faster than CEC depending on where you come from.  You could in July if you haven't applied for anything else apply to change your status to visitor but that means you can't work.

If you apply now outland for your wife to sponsor you and you come from a country with fast processing or you apply through the US, you could possibly have your PR by July.  Once you have your PR, you can withdraw your CEC and you will at least get the right of PR fee back but processing fee only if they haven't yet started processing.
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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
AINP App
Star Member
****

Posts: 161
Ratings: +1
Category........: AINP
Visa Office......: Buffalo
Job Offer........: Yes
App. Filed.......: 29 - 11 - 2011
Doc's Request.: Yes - Via email asked to justify gaps

« Reply #5 on: January 23, 2012, 01:16:47 pm »

Speaking from personal experience.

I am in Alberta and PNP is very flexible here. My employer was willing to undergo PNP as it only required one form signed on his part and a reference letter, job description - (both of which I had crafted for him).

On the contrary - he was unwilling to undergo the LMO process as it is lengthy (in Alberta at least) and the results are inconclusive.
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Singh07
Star Member
****

Posts: 129
Ratings: +1
Category........: AINP
Visa Office......: New Delhi
NOC Code......: 2241
App. Filed.......: 31 Oct 2011
Nomination.....: 23 sept 2011
Med's Done....: 7 Dec 2011
Passport Req..: Still waiting, residing in Canada

« Reply #6 on: January 23, 2012, 06:00:31 pm »

Hi AINP App

Just went through your timeline. Is you e-Cas showing DECISION MADE??
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AINP App
Star Member
****

Posts: 161
Ratings: +1
Category........: AINP
Visa Office......: Buffalo
Job Offer........: Yes
App. Filed.......: 29 - 11 - 2011
Doc's Request.: Yes - Via email asked to justify gaps

« Reply #7 on: January 24, 2012, 12:51:28 am »

Yes it is!
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