Work permit during PR application

[tommytee]

Hi all,

I'd like to verify something.

An immigration consultant told me yesterday that if you DO NOT include your OWP application with your inland PR application, but send it ONLINE separate a few days after you PR application (and of course refer to it), you are likely to get your OWP in a few months (76 days now), and not after the first stage is approved.

Including your OWP with PR application was done in the past because CIC was backed up with the working permit applications. By including it, they would process it at the same time as your PR application. Therefore, you were sure to get your OWP after the first stage of approval. Now that they are not taking that long anymore on working permits applications, applying for your OWP separately will get you your an OWP faster.

My doubts is that the general consensus on this forum seems that you are only eligible for an OWP when the first stage of your inland application is approved (is that called AIP?). The immigration consultant told me otherwise. He said that if you apply inland, you have the right to provide for yourself from the START of your application. It's not advertised by CIC, but it is international humanitarian immigrant law, he said.

Anybody any thoughts on this?

 

[Love_Young]

You could apply for a standard work permit with an LMO approval but you will not get an OWP before AIP.
Do not file for a work permit online. You want to fill out the same form for a visitor extension but instead mark it for "change of conditions". Include this application, the document checklist, and what is needed for the application in with your PR application.
Get tracking on your application, also it isn't always necessary but mark on the top of you OWP application "DO NOT PROCESS BEFORE FIRST STAGE APPROVAL". Make sure your PR application with your OWP included in it are received by Vegreville before your current status expires. If it is received before you status expires then you remain in "implied status" after it does expire during the rest of the process until you get your OWP. No need to extend your stay (just make sure you have proof of valid status, keep copies of your OWP, copy of receipt, and tracking in case its needed). You cannot actually work during the process unless you obtain a standard work permit with an LMO. If you include the OWP with the PR application, they will process it at the same time as AIP and you will get an OWP in the mail after you received AIP approval along with AIP approval letters.. Right now it is taking 10-11 months to hear back about AIP approval after they receive your application.

 

[tommytee]

Thanks. I was told that you are eligible for an OWP as soon as you applied for Inland PR, and do not have to wait for AIP.

I'll enter Canada on a WHP Visa on March 14th 2012 and am eligible to apply for a PR (common-law) June 1st 2012 (that's the date we live together for a year). My WHP will expire on March 14th 2013, and because first stage approval takes about 10 months (approval on April 1st at the soonest), there is a chance that I'll lose my WHP (open)work permit before my first stage approval. That would mean I have to quit my job and get a new one when I get AIP approval, even if there is only a 2 week gap.

Is there any possibility that I can get an extension on my WHP/OWP if my AIP approval takes longer than March 14th 2013 , so that I can keep on working for the same employer in those 2 weeks?

I could use some advice, thanks!

 

[tommytee]

I also found in the International Covenant on Economic, Social and Cultural Rights:

Article 6 of the Covenant recognises the right to work, defined as the opportunity of everyone to gain their living by freely chosen or accepted work.[21] Parties are required to take "appropriate steps" to safeguard this right, including technical and vocational training and economic policies aimed at steady economic development and ultimately full employment. The right implies parties must guarantee equal access to employment and protect workers from being unfairly deprived of employment. They must prevent discrimination in the workplace and ensure access for the disadvantaged.[22] The fact that work must be freely chosen or accepted means parties must prohibit forced or child labour.[23]

That would mean the CIC must grant you an OWP if you apply for it, so also befor AIP. Right?

 

[mexicanito]

It would be good for some people if you could, however, as far as my own experience, I do not think they give people OWP until AIP is granted. We sent our app on nov and was received on nov 18th... by december I was really dying to work so we called the call center to see if I could work because I saw on their website that among the people who qualifies easily for a work permit are american citizens so we called and asked and they said no right away, we had to wait for AIP to be granted... HOWEVER, if you find a company that wants to give you a job offer, you could send such offer to CIC and they would give you a work permit for that company... I did tried but no one wanted to do it.. At some point I realized the waiting time would be about the same as getting my OWP... Now we are on Sep and still I cant work lol... but oh well... soon it will be possible and I will remember these days of waking up late and leveling up on call of duty hehehe... Good luck

 

[PMM]

Hi

Hi all,

I'd like to verify something.

An immigration consultant told me yesterday that if you DO NOT include your OWP application with your inland PR application, but send it ONLINE separate a few days after you PR application (and of course refer to it), you are likely to get your OWP in a few months (76 days now), and not after the first stage is approved.

Including your OWP with PR application was done in the past because CIC was backed up with the working permit applications. By including it, they would process it at the same time as your PR application. Therefore, you were sure to get your OWP after the first stage of approval. Now that they are not taking that long anymore on working permits applications, applying for your OWP separately will get you your an OWP faster.

My doubts is that the general consensus on this forum seems that you are only eligible for an OWP when the first stage of your inland application is approved (is that called AIP?). The immigration consultant told me otherwise. He said that if you apply inland, you have the right to provide for yourself from the START of your application. It's not advertised by CIC, but it is international humanitarian immigrant law, he said.

Anybody any thoughts on this?

1. This is a consultant I wouldn't pay money to, as s/he is wrong.
2. An OWP will not be issued to an "in Canada" spousal applicant until 1st level approval is given.
3. What Immigration Humanitarian law? There is one Immigration Act in Canada, IRPA and that is what applies.
4. From the Regulations

Applicants in Canada

207. A work permit may be issued under section 200 to a foreign national in Canada who
(a) is a member of the live-in caregiver class set out in Division 3 of Part 6 and meets the requirements of section 113;
(b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;
(c) is a protected person within the meaning of subsection 95(2) of the Act;
(d) has applied to become a permanent resident and the Minister has granted them an exemption under subsection 25(1), 25.1(1) or 25.2(1) of the Act; or
(e) is a family member of a person described in any of paragraphs (a) to (d).

From the FW Manual

5.41 Applicants in Canada R207
R207 allows for applicants who have been determined eligible as members of certain in-Canada
permanent residence classes and includes protected persons (whether they have applied for
permanent resident status or not).

So you have to be deemed eligible to apply for the process, and that only happens at the first stage approval.

 

[rjessome]

Hi

1. This is a consultant I wouldn't pay money to, as s/he is wrong.
2. An OWP will not be issued to an "in Canada" spousal applicant until 1st level approval is given.
3. What Immigration Humanitarian law? There is one Immigration Act in Canada, IRPA and that is what applies.
4. From the Regulations

Applicants in Canada

207. A work permit may be issued under section 200 to a foreign national in Canada who
(a) is a member of the live-in caregiver class set out in Division 3 of Part 6 and meets the requirements of section 113;
(b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;
(c) is a protected person within the meaning of subsection 95(2) of the Act;
(d) has applied to become a permanent resident and the Minister has granted them an exemption under subsection 25(1), 25.1(1) or 25.2(1) of the Act; or
(e) is a family member of a person described in any of paragraphs (a) to (d).

From the FW Manual

5.41 Applicants in Canada R207
R207 allows for applicants who have been determined eligible as members of certain in-Canada
permanent residence classes and includes protected persons (whether they have applied for
permanent resident status or not).

So you have to be deemed eligible to apply for the process, and that only happens at the first stage approval.

PMM is right!!! Geez! I'd like to wring the necks of some people in my profession!!!!

 

[tommytee]

Thanks for the info PMM and mexicanito.

I did find the article of the convenant the consultant was referring to:

I also found in the International Covenant on Economic, Social and Cultural Rights:

Article 6 of the Covenant recognises the right to work, defined as the opportunity of everyone to gain their living by freely chosen or accepted work.[21] Parties are required to take "appropriate steps" to safeguard this right, including technical and vocational training and economic policies aimed at steady economic development and ultimately full employment. The right implies parties must guarantee equal access to employment and protect workers from being unfairly deprived of employment. They must prevent discrimination in the workplace and ensure access for the disadvantaged.[22] The fact that work must be freely chosen or accepted means parties must prohibit forced or child labour.[23]

Maybe this does apply, I don't know, but if the Canadian law says different, you might end up in some battle with lawyers and everything. Not worth it...

In my case, maybe mexicanito's advice is of help.

Thanks. I was told that you are eligible for an OWP as soon as you applied for Inland PR, and do not have to wait for AIP.

I'll enter Canada on a WHP Visa on March 14th 2012 and am eligible to apply for a PR (common-law) June 1st 2012 (that's the date we live together for a year). My WHP will expire on March 14th 2013, and because first stage approval takes about 10 months (approval on April 1st at the soonest), there is a chance that I'll lose my WHP (open)work permit before my first stage approval. That would mean I have to quit my job and get a new one when I get AIP approval, even if there is only a 2 week gap.

Is there any possibility that I can get an extension on my WHP/OWP if my AIP approval takes longer than March 14th 2013 , so that I can keep on working for the same employer in those 2 weeks?

I could use some advice, thanks!

Assuming I got a good job (I have a degree and quite some experience in my field), having my employer send a letter to cic might give me a working permit for the period between the end of my WHP and getting AIP?

 

[tommytee]

Again, many thanks. You guys are really helpful. Luckily I didn't hire the guy

I do, however, would like to get some advice on my situation. Thanks again!

I'll enter Canada on a WHP Visa on March 14th 2012 and am eligible to apply for a PR (common-law) June 1st 2012 (that's the date we live together for a year). My WHP will expire on March 14th 2013, and because first stage approval takes about 10 months (approval on April 1st at the soonest), there is a chance that I'll lose my WHP (open)work permit before my first stage approval. That would mean I have to quit my job and get a new one when I get AIP approval, even if there is only a 2 week gap.

Is there any possibility that I can get an extension on my WHP/OWP if my AIP approval takes longer than March 14th 2013 , so that I can keep on working for the same employer in those 2 weeks?

I could use some advice, thanks!

 

[rjessome]

I also found in the International Covenant on Economic, Social and Cultural Rights:

Article 6 of the Covenant recognises the right to work, defined as the opportunity of everyone to gain their living by freely chosen or accepted work.[21] Parties are required to take "appropriate steps" to safeguard this right, including technical and vocational training and economic policies aimed at steady economic development and ultimately full employment. The right implies parties must guarantee equal access to employment and protect workers from being unfairly deprived of employment. They must prevent discrimination in the workplace and ensure access for the disadvantaged.[22] The fact that work must be freely chosen or accepted means parties must prohibit forced or child labour.[23]

That would mean the CIC must grant you an OWP if you apply for it, so also befor AIP. Right?

This does not apply. Has not power over IRPA and IRPR (Act & Regulations).

 

[rjessome]

It would be good for some people if you could, however, as far as my own experience, I do not think they give people OWP until AIP is granted. We sent our app on nov and was received on nov 18th... by december I was really dying to work so we called the call center to see if I could work because I saw on their website that among the people who qualifies easily for a work permit are american citizens so we called and asked and they said no right away, we had to wait for AIP to be granted... HOWEVER, if you find a company that wants to give you a job offer, you could send such offer to CIC and they would give you a work permit for that company... I did tried but no one wanted to do it.. At some point I realized the waiting time would be about the same as getting my OWP... Now we are on Sep and still I cant work lol... but oh well... soon it will be possible and I will remember these days of waking up late and leveling up on call of duty hehehe... Good luck

@tommytee - He's talking about the process of the employer applying for a Labour Market Opinion to be able to hire foreign workers.

 

[tommytee]

Ahh, ok, I figured. Any other suggestions to what I might do? Or just hope that I get my AIP before my Working Holiday expires?

 

[Stumpedmom]

ok..suggestion and if I am wrong please let me know. If OP is coming on a WHP, and qualifies for the Common Law status, can they not go through the Outland process, due to the fact depending on the Visa office it may be faster than doing an inland application and this would also give them the right to appeal an unfavourable decision???

 

[rjessome]

ok..suggestion and if I am wrong please let me know. If OP is coming on a WHP, and qualifies for the Common Law status, can they not go through the Outland process, due to the fact depending on the Visa office it may be faster than doing an inland application and this would also give them the right to appeal an unfavourable decision???

Absolutely correct.

 

[tommytee]

Yes, I am considering an outland process as well. But the same problem exists there for my work permit, processing times in Berlin are 10/11 months. So that leaves a gap between the end of my OWP and getting my PR or AIP. For me, it's all about being able to keep working in the job I find (assuming I like it of course), and being able to give my employer the security that he doesn't have to worry about me not able to keep working for him.