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INLAND - Open Work Permit without PR Application

Girlash

Full Member
Oct 27, 2009
36
0
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
23-09-2009
LANDED..........
19-05-2010
A friend of mine talked to a lawyer and she was advised to send an application for an OWP before her current temporary work permit expires and then do the PR app later. Is this possible? Or does she have to submit everything at the same time?
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
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Ontario
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I don't think that's right. Yes, the work permit extension application does have to be submitted so that it's received before her current work permit expires - but, without the PR application, she isn't eligible for an OWP. The extension of the work permit would be assessed based on the original terms and if it's denied, she'll have to leave Canada.

You're not saying what kind of PR app she intends to submit "later" - if it's an inland spousal or common-law PR ap (which would make her eligible for an open work permit AFTER she passes the initial assessment of eligibility for PR in the spousal/common-law class), the extension application HAS to go with the inland PR application and BOTH have to be received by CPC-Vegreville before her current work permit expires. Also, she must be a qualified spousal/common-law PR applicant at the time she submits the applications. So timing is important. I say this because if she's wondering whether she can submit the extension application now and wait to submit the PR application until later because she's waiting to qualify as a common-law partner - the answer is "No". Someone in Canada on a restricted work permit is not eligible to extend that permit to an open work permit unless they are an eligible spousal or c/l PR applicant at the time their initial permit is due to expire.

If someone is an eligible PR applicant (for example, they got married during the term of their initial permit) and they're now submitting an inland spousal PR application and an extension to the work permit, they are authorized to continue working under the terms of the initial permit, even though it's expired, until they receive their new open work permit after the first stage of assessment of the PR application is complete (about 6-7 months after the application is received at CPC-V).
 

Girlash

Full Member
Oct 27, 2009
36
0
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
23-09-2009
LANDED..........
19-05-2010
Thanks for the reply.

Apparently, she will be applying inland under Spousal class after she gets the OWP. They already gave their documents to their lawyer for the OWP application. I tried explaining this to her but she refused to listen. What can I do but wish them well, I guess....
 

bflava

Star Member
Feb 2, 2010
61
3
well i guess yr friends lawyer is a very happy bunny, hahahahah lol, ok no jokes

She can onlu apply for OWP along side and spousal/common law family class application and OWP can only be done once 1st stage of approval is passed, so it will be 5-6 months and then OWP will take another 1-2 months before she gets it..


Tell her the lawyer should know this and if they dont then, i wonder what type of lawyer they are, maybe ciminal law but not immigration lawyer... wish them well for me too


good luck