Work Permits and Family Sponsorship from Within Canada

[In_Alberta]

Hello all!

I am in Canada on a post-graduation work permit, and my common-law partner will be sponsoring me for a PR. I know once we past stage 1, I can apply for an open work permit. Only thing is that the wait time is 6 months to pass stage 1. My work permit expires in 4 months though. I have a PT job right now. Is my only option to extend my work permit is by getting an LMO from my employer?

Thanks for all the help.
-M-

 

[QuebecOkie]

My understand is yes, unless your company can provide an LMO, you will need to stop working when your current work permit expires until you can get a new OWP after stage one approval.

There is a LOT of confusion around the submission of an OWP for inland applicants at this time, due to some recent changes at CIC. I've typed about it a lot, but the short story is: it used to be possible to submit an OWP *with* your PR application, and if you were on an extendable work permit (some work permits are NOT extendable), you could continue working on the "implied status" granted to you with the submission of the OWP. CIC has since changed the processing center for PR apps, so OWPs and PR apps are no longer processed at the same centre. It is not at all clear (even CIC call centre agents are giving conflicting answers) as to whether or not OWPs can still be submitted with PR apps, OR if this would grant implied status.

More reading on the forum:
http://www.canadavisa.com/canada-immigration-discussion-board/-t189862.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/new-sponsorship-rules-canada-makes-it-even-harder-for-us-t182180.0.html

If you choose to submit an OWP with your PR app, you may be taking a risk of working illegally in the time between the expiry of your current work permit and when CIC issues you an OWP after stage one approval/AIP. Sorry, I know I'm creating more confusion than I'm clearing up, but I blame CIC. They're being quite opaque about actual rules and procedures (par for the course for them, I'm afraid).

 

[In_Alberta]

Thanks so much. I am just going to apply for an LMO. I hear they are difficult to get, but its my best shot at this moment. I am not going to risk working illegally.

 

[scylla]

Note that you cannot apply for the LMO. Only your employer can apply for the LMO.

 

[In_Alberta]

Yup, I have started creating the letter to my employer about how they can go about doing that.

 

[lellen]

Check this out: http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html


If you apply for an Open Work Permit at the same time as your application (in the package, together), you will be on implied status until stage 1. That means you can keep working with the same conditions of your current work permit.


yay!

 

[QuebecOkie]

This still brings up the old question of whether or not your current work permit is extendable, and thus subject to the implications of "implied status". I'm no expert, just want people to be aware that the issue may not be as simple as it appears. But thanks SOOOO much for sharing!

 

[lellen]

When I switched from PGWP to a closed permit with an LMO, I talked to several agents on the phone, they all replied the same thing and one even sent me some documents on my email about implied status, confirming that I did receive implied status from applying for the closed LMO (new work permit) before my PGWP expired. Even though you can't really "extend" a PGWP, you still get implied status. It's what they said I promise.

 

[canuck_in_uk]

Check this out: http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html

As I said in the lellen's other thread:

Though it is called cicnews, that website is not officially associated with CIC in any way. It is published by the same law firm that hosts this forum, David Cohen's company.

That particular publication does not actually address any of the recent changes that might affect the submission and processing of an OWP app with the inland PR app. It simply repeats the standard info that has been around for years.

 

[QuebecOkie]

Oh h3ll, canuck_in_uk, good catch. I was fooled by spending too long staring at the internet and seeing "cic" in the URL.

 

[lellen]

I did know that it was from the same lawyer that hosts this forum, who seems to know a lot. I doubt an immigration lawyer would publish this if things had changed. I wonder when the initial doubts started, was it just speculation from people on the forum?

 

[QuebecOkie]

It was mixed messages from CIC call centre reps, some of whom said OWP applications with PR would continue as before, and some of whom said we could no longer send OWP apps with PR apps after changing the inland app processing centre to Vegreville.

 

[canuck_in_uk]

Lawyers don't always know everything. It's not an official publication, so they can pretty much say whatever they want.

Everything that is stated in that article is what was previously known about submitting OWP apps with inland PR apps. There is no acknowledgement about the recent changes that might affect the process.

 

[lellen]

Well, there is no official announcement about you being able to apply for an OWP together with the PR application either. Officially, what it says on the CIC website and what I always thought before visiting this forum, is that you must wait for CIC to give you AIP for you to apply for an Open Work Permit. It even says so on the application guide.

Nothing about that is "official", I never read it anywhere and it is nowhere on the CIC website. It was a complete surprise when I found out that people were able to do it through this forum. I wanted to die because I had already sent in my application.

So... "officially" nothing has changed.

 

[canuck_in_uk]

Well, there is no official announcement about you being able to apply for an OWP together with the PR application either.

Yes, there is.

http://www.cic.gc.ca/english/resources/manuals/ip/ip06-eng.pdf - IP 6 - Processing Temporary Resident Extensions

Inland applications for permanent residence
In situations where an applicant who has visitor status submits an application for permanent residence to Vegreville and at the same time submits an application for a work permit (pursuant to R207(b)), the visitor may be considered to have requested an extension of their TR status (in accordance with R183(5)). They are considered to have implied status as a visitor, until a decision is made on their WP application. When no application for a work or study permit is received with the application for permanent residence, the applicant is obliged to apply to extend their visitor status


The manual has not yet been updated to reflect the change from Vegreville to Mississauga.


Got a new negative rating just after my last post here, wonder where that came from....