Help! Common law sponsorship thru family class + IEC New Zealand

[Mr_Ed]

Hey guys, I'm hoping someone can help me out here.

I am a New Zealander currently here on the IEC (New Zealand working holiday). It is non-extendable and expires mid December 2012.

My Canadian girlfriend and I are applying for common law sponsorship (outland application) on October 1st 2012. I am currently working and would like to stay working here in Toronto, but after December I won't have a working holiday visa any more. Is there a way I can keep working while waiting for the sponsorship for permanent residence? Is implied status a possibility?

My job has also just submitted an LMO application (end of August 2012). But this may all be sorted out after December considering the wait times. I can go this route too, but with a possible gap between when the working holiday visa expires and when the work permit goes through if implied status while waiting for sponsorship is not possible.

What is the best way to be able to stay working here in Canada while waiting for the common law sponsorship to go through?

 

[LeisaP]

Hey guys, I'm hoping someone can help me out here.

I am a New Zealander currently here on the IEC (New Zealand working holiday). It is non-extendable and expires mid December 2012.

My Canadian girlfriend and I are applying for common law sponsorship (outland application) on October 1st 2012. I am currently working and would like to stay working here in Toronto, but after December I won't have a working holiday visa any more. Is there a way I can keep working while waiting for the sponsorship for permanent residence? Is implied status a possibility?

My job has also just submitted an LMO application (end of August 2012). But this may all be sorted out after December considering the wait times. I can go this route too, but with a possible gap between when the working holiday visa expires and when the work permit goes through if implied status while waiting for sponsorship is not possible.

What is the best way to be able to stay working here in Canada while waiting for the common law sponsorship to go through?

Im not 100% sure, but i believe since your employer already sent in an LMO application, even if your visa runs out you will be implied status because the LMO was sent in and your waiting for the answer...

i have a friend who was a student and started to work and her student visa and work permit ran out and she stayed in implied status for 8 months because of the LMO.... now im not sure if her case is exactly the same, it seems the same to me, but i dont want to tell you for sure in case for some reason it was different.

but if someone cant give you a definate answer on here. try going to your local immigration office and asking them there or calling cic, although i have found that the offices are more helpful than the call centers.

 

[JoshNZ]

I'm in the exact same position, i am from NZ and my girlfriend lives in Canada i got offered for my employer to apply for the LMO for me to be able to work for them but i was told by there immigration lawyer that i wouldn't be able to work once my WHP Visa expired, i could either leave the country and re-enter as a visitor and just wait for the LMO to come through which could be 3+months which i couldn't afford to do so i left and am still working on ways to get back. I'm not 100% sure on this implied status thing but the immigration lawyer never mentioned that to me so there's a possibility its not an option for us.

But in saying that it could be an option that he didnt know about so if you find a good way for it to work for you two, let me know because I'm still having a hard time getting a handle on my best option to get back there to live aswel.

cheers

 

[scylla]

There is no implied status for working holiday visas.

Your lawyer is correct. You can't work after the working holiday visa has expired.

You can apply from within Canada to change your status to a visitor. You don't have to leave the country.

 

[perkele]

Hey there,

My boyfriend (the applicant) was in a similar situation this summer. He was on his 2nd WHP visa (Ireland) and it was about to expire in August. We had been told by CIC & CBSA agents that even if he was on WHP visa that he could apply for a regular work permit (LMO & all) before the WHP visa expired and that he'd have implied status and that he could continue working. I found that strange so we called many many times both the CIC number but also a border crossing close to where we live just to confirm that we were getting the same info from everyone and we did.

In the end, he got his LMO (& CAQ, we're in Quebec) before the expiry of the WHP visa but ended up on implied status while he waited for the work permit. The papers for the permit were taking too long and he needed them for traveling purposes so we just went to the border and a CBSA agent issued him a closed work permit on the spot. (That was roughly 2 weeks after his WHP visa had expired).

Anyway, that was our experience. I just thought I would share it. I'm not saying that you can "definitely" get implied status from a WHP visa, but that was our case and that is what we were told.

Good luck!

 

[figgy]

not sure if NZ is the same as australia.... but working holiday visas can be extended multiple times for australians. I know people who are here on their 3rd and 4th visa. my boyfriend is on his first visa but we will renew it if his PR doens't come in time. there is a australia new zealand specific board that is very helpful. you might want to check that out.


http://www.canadavisa.com/canada-immigration-discussion-board/australian-or-nz-applicants-share-timeline-here-t105255.0.html