working after marriage

[lucia.r.]

hello, hoping someone would be able to help us with our situation. My fiance is foreign citizen. We were planning to get married in august, as his work permit after 4 years can not be longer extended. So we have learned. But now we are facing dilemma as I would not be able to support us both. We need him to continue working.
He should have all documents for PR ready to submit by august, but his last work permit expires october 30th.  So I have couple of questions.
1. Can he somehow continue working even he has been in canada for 4 years under work permit? 
2. If he applies for PR, can he leave canada, return back to his home and continue working there ? Does he have to be in Canada for his PR to get thru? Will his application process stops if he leaves Canada ? If so, how long does process for PR takes submitted outside of canada? 

[wsongco]

hello, hoping someone would be able to help us with our situation. My fiance is foreign citizen. We were planning to get married in august, as his work permit after 4 years can not be longer extended. So we have learned. But now we are facing dilemma as I would not be able to support us both. We need him to continue working.
He should have all documents for PR ready to submit by august, but his last work permit expires october 30th.  So I have couple of questions.
1. Can he somehow continue working even he has been in canada for 4 years under work permit? 

im not an expert here but the 4 years is only effect on work permit issued after april 1. 2011 so he still has until 2015 to work here.


2. If he applies for PR, can he leave canada, return back to his home and continue working there ? Does he have to be in Canada for his PR to get thru? Will his application process stops if he leaves Canada ? If so, how long does process for PR takes submitted outside of canada? 

if you will get married sure you can sponsor him under family class: spouse.
he can stay in canada as long as he has valid work permit and while waiting for the result of the sponsorship. after the first stage approval he can have an open work permit that allows him to work any where he wants

[ae03yy]

I agree, you should count the 4 yrs from any WP he gets after April 1.

[lucia.r.]

Thanks for the immediate response.

a) As far as the work permit recent 4 year rule is concerned, we heard it is retroactive. So, I entered Canada on September 2007 and I'm allowed to work only till September 2011.

b) Under spouse sponsoring, how long is first stage and would not 4 year rule apply in this case well?

c) And also does anyone know if application applied for pr would be stopped if applicant leaves country, or can he wait at his home country for the result.

[rjessome]

a.  You heard wrong. The 4 year rule is NOT retroactive.

b.  It depends on if you applied for inland or outland processing.  If you applied for inland and sent in an open work permit application WITH the inland sponsorship application, he can continue working.

c.  Again, it depends on if you applied for inland or outland processing.