+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Ben_t

Newbie
Jan 2, 2015
1
0
Hi Everyone,

This is my situation. I am currently in the process of applying for permanent residency via the common-law/spouse application. I am being sponsored by my fiance who is a Canadian citizen. I have been living and working in Canada since April 2012. My best friend is getting married in January and I am a Groomsmen in the wedding party which requires me to travel home to Australia (I am an Australian Citizen) then travel over to New Zealand for the wedding. Currently I have not had approval of sponsorship or a renewal of my open work permit. Can I travel to a local border and get a open work permit on the spot and then travel home for wedding and return and be able to resume working? Apparently if I leave the country while on implied status I will lose my working privileges and will have to reapply for a working permit.

What are my options here? Am I jeopardizing my chances to live in Canada forever by leaving.

Can I travel safely back to Canada without hiccups and resume my working life without affecting my application?

Need help! Thanks.
 
Ben_t said:
Hi Everyone,

This is my situation. I am currently in the process of applying for permanent residency via the common-law/spouse application. I am being sponsored by my fiance who is a Canadian citizen. I have been living and working in Canada since April 2012. My best friend is getting married in January and I am a Groomsmen in the wedding party which requires me to travel home to Australia (I am an Australian Citizen) then travel over to New Zealand for the wedding. Currently I have not had approval of sponsorship or a renewal of my open work permit. Can I travel to a local border and get a open work permit on the spot and then travel home for wedding and return and be able to resume working? Apparently if I leave the country while on implied status I will lose my working privileges and will have to reapply for a working permit.

What are my options here? Am I jeopardizing my chances to live in Canada forever by leaving.

Can I travel safely back to Canada without hiccups and resume my working life without affecting my application?

Need help! Thanks.
If you cross the border out of Canada, your implied status ceases. You will need to reenter as a visitor unless you already have a new work permit or the authority to obtain one, such as a LMIA. You will not be able to work until you do. You *may* be denied reentry at the border, but it totally depends on the CBSA officer that processes you. As you were on a previous OWP of some sort, are you absolutely certain that you are entitled to implied status anyway? Non-extendable work permits, such as IEC or PGWP are believed to not permit implied status.
 
On what grounds do you think you qualify for an OWP?
 
I think zardoz is 102% right.....weigh the risks and determine if it worth taking