Desperately need help!

[Line.a]

My work visa runs out in a month and we regally have to get our stuff together. We have decided to go the inland application for sponsorship and i hope we qualify for it with the proof we've got so far.

Since my work visa runs out and cannot be renewed I was wondering and being confused about these things:

When we apply for the permanent residency application for inland do we have to apply for a temporary resident visa as well? Or do I automatically just get allowed to stay as soon as they receive the application?
And If we send the application and it gets there after my visa runs out should I still stay?

Thanks in advance!

 

[computergeek]

My work visa runs out in a month and we regally have to get our stuff together. We have decided to go the inland application for sponsorship and i hope we qualify for it with the proof we've got so far.

Since my work visa runs out and cannot be renewed I was wondering and being confused about these things:

When we apply for the permanent residency application for inland do we have to apply for a temporary resident visa as well? Or do I automatically just get allowed to stay as soon as they receive the application?
And If we send the application and it gets there after my visa runs out should I still stay?

Thanks in advance!

Nothing is automatic. You need to apply for an "open work permit" along with your inland application. Under R186(u) this gives you "implied status":

186. A foreign national may work in Canada without a work permit:
...
(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the
conditions set out on the expired work permit, other than the expiry date.

What this means is that when your sponsor is approved (known as "approval in principal") you will be granted a new work permit allowing you to work for any employer (hence "open").

Without that pending work permit application, you will go "out of status" after your current work permit expires. That doesn't bar you from applying for inland sponsorship, but it does create potential problems for you. Best to apply for your open work permit at the same time.

 

[Line.a]

So what you mean is all we have to apply for is an open work permit (i'll go from that link you said) along with the sponsorship application - nothing else? so as soon as we can get it sent off (hopefully before the 18th of janurary 2013) i'm assuming i'm just going to stay, right? thank you so much for your response!

 

[Line.a]

So from our understanding is that i can continue work even after my work visa runs out?

My work visa is a single entry international experience canada visa that only lasts a year - is that still applying to it then?

 

[computergeek]

So from our understanding is that i can continue work even after my work visa runs out?

My work visa is a single entry international experience canada visa that only lasts a year - is that still applying to it then?

In the end that depends upon how CIC interprets the regulations. You may wish to ask the call centre folks for their interpretation and see if they will send something to you in writing.

My plain language read of the regulations says that you'd have to have an application pending to renew your current work permit (Section 201) but that would suggest you could submit both a renewal of your current work permit - knowing it will be refused - and an application for your open work permit - knowing it would be granted. That seems a bit crazy to me, but sometimes the rules are a bit crazy.

The most prudent thing to do is to cease working at the end of your work permit and wait until you get the open work permit to find work again. If you need to keep working, you can ask your employer to obtain an LMO or you could find someone official to support the idea that you can keep working while your open work permit application is in process.

 

[Line.a]

Yes, that makes sense. I'd rather just resign at work and wait until i get my OWP granted, instead of trying out various of things.

So i have a couple more questions, i'd hope you could answer as well:

So as soon as my International Experience Canada visa runs out on february 11th next month - shall i just stay and not work? no need to apply for a temporary residency visa?

If the Canadian officials don't receive the application until after my work visa runs out do i have to leave or still keep staying, no changes there i'm assuming?

Concerning the medical exam i've had cataracts surgery in one eye and is due for my next surgery on tuesday.. I am definitely sure they are aware of me having rhumatoid arthritis too - that won't fail me would it?

 

[computergeek]

So as soon as my International Experience Canada visa runs out on february 11th next month - shall i just stay and not work? no need to apply for a temporary residency visa?

If you have an outstanding OWP application as part of your PR application, you can remain in Canada under the implied status provision.

If you are not going to apply for PR prior to the expiration of your visa, you should apply to extend it - it's always best to remain in status. Note however, that if you go out of status it is not a barrier to applying for the in-Canada spouse class. But that makes it doubly important to submit the open work permit application, as that will bring you back into status.

If the Canadian officials don't receive the application until after my work visa runs out do i have to leave or still keep staying, no changes there i'm assuming?

You should apply before that time, but as noted above you can apply to extend your status in Canada while you finish preparing your spousal application.

Concerning the medical exam i've had cataracts surgery in one eye and is due for my next surgery on tuesday.. I am definitely sure they are aware of me having rhumatoid arthritis too - that won't fail me would it?

No. Spouses may only be refused medical on grounds of threat to public health and safety. Spousal applicants (inland and outland) are exempt from the excessive demand provision.