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Can I stay in Canada while waiting for PR even though I am secondary applicant?

sujithcs18

Full Member
Dec 24, 2016
33
1
Hello,

I am currently working full time on an open work permit and applying for an extension of my open work permit in 3 weeks (just waiting for payslips of my wife). My wife holds a PGWP with a full time job that is part of job code indicated by CIC. We are about to apply for PR through express entry in around a week as we got an ITA. I have few questions.

1. As I am a secondary applicant in PR, can I stay and work in Canada after applying for PR even after my open work permit expires? My current open work permit is valid till 31st Aug 2017. If I can't work what do I need to do to just stay legally in Canada?
2. If for some reason, my work permit doesnt get extended, can I still stay back in Canada if PR is still getting processed?
3. If PR is being processed, can I move out of Canada and return after PR is processed (once the decision is made by CIC)?
4. If CIC asks me to leave Canada for some reason, do they give any time as such to leave? I respect the laws and I dont want to stay/work illegally in Canada.

Thanks,
Sujith
 

Sara92

Star Member
Jan 12, 2017
94
7
Edmotnon
Job Offer........
Pre-Assessed..
Once you apply for pr and get AOR, apply right away for BOWP and they will give you open work permit extension so you will be safe until you will have decision about PR application. I believe this is the best way. And until they made decision about BOWP you can legally work. If they reject your extension you can apply for visitor visa but anyway you should be ok.
 

sujithcs18

Full Member
Dec 24, 2016
33
1
Once you apply for pr and get AOR, apply right away for BOWP and they will give you open work permit extension so you will be safe until you will have decision about PR application. I believe this is the best way. And until they made decision about BOWP you can legally work. If they reject your extension you can apply for visitor visa but anyway you should be ok.
Thank you for the advice and I appreciate it. Would you mind helping me by answering my other questions?

Thanks,
Sujith
 

RabinJi

Champion Member
Feb 3, 2014
1,600
160
Penticton,B.C
Visa Office......
Ottawa
NOC Code......
6322
Job Offer........
Yes
Doc's Request.
21-07-2016
AOR Received.
13th June
Passport Req..
14,June,2017
LANDED..........
18/07/2017
Hello,

I am currently working full time on an open work permit and applying for an extension of my open work permit in 3 weeks (just waiting for payslips of my wife). My wife holds a PGWP with a full time job that is part of job code indicated by CIC. We are about to apply for PR through express entry in around a week as we got an ITA. I have few questions.

1. As I am a secondary applicant in PR, can I stay and work in Canada after applying for PR even after my open work permit expires? My current open work permit is valid till 31st Aug 2017. If I can't work what do I need to do to just stay legally in Canada?
First submit your PR application and submit BOWP once you get AOR,OR after your work permit expires then you are in implied status for 3 months so you could work legally.
2. If for some reason, my work permit doesnt get extended, can I still stay back in Canada if PR is still getting processed?
Yes during your implied status.
3. If PR is being processed, can I move out of Canada and return after PR is processed (once the decision is made by CIC)?
Yes but informed to IRCC,but you should have valid TRV and WP
4. If CIC asks me to leave Canada for some reason, do they give any time as such to leave? I respect the laws and I dont want to stay/work illegally in Canada.
you could see the exist date at the bottom of your new BOWP,if you get one.

Thanks,
Sujith
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
I am currently working full time on an open work permit and applying for an extension of my open work permit in 3 weeks (just waiting for payslips of my wife). My wife holds a PGWP with a full time job that is part of job code indicated by CIC. We are about to apply for PR through express entry in around a week as we got an ITA. I have few questions.

1. As I am a secondary applicant in PR, can I stay and work in Canada after applying for PR even after my open work permit expires? My current open work permit is valid till 31st Aug 2017. If I can't work what do I need to do to just stay legally in Canada?
2. If for some reason, my work permit doesnt get extended, can I still stay back in Canada if PR is still getting processed?
3. If PR is being processed, can I move out of Canada and return after PR is processed (once the decision is made by CIC)?
4. If CIC asks me to leave Canada for some reason, do they give any time as such to leave? I respect the laws and I dont want to stay/work illegally in Canada.
Hi

A PR app does not grant status or in any way allow you to stay in Canada. You need to separately maintain your status.

1. If you apply for an extension of your OWP before it expires, you will have Implied Status after your current permit expires until IRCC makes a decision on the extension. You can continue working while on Implied Status.

2. As your wife holds a skilled job on her PGWP, the chances of refusal are quite low. If the OWP extension is refused before Aug 31st, you can apply to change conditions and extend your stay as a visitor. If it is refused after Aug 31st, you would need to apply for Restoration as a visitor.

3. Yes, you can leave Canada while the PR app is in process and return when it is approved.

4. There is no specific time given. You are expected to leave as soon as possible.
 
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