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My working permit is in my old passport is it valid?

aray

Newbie
Apr 22, 2015
7
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Hi.. Please I need a advised,April 15 2015 I received a letter from CIC requesting to submit my passport,April 17 I submitted my passport @ VAC here in hongkong.My problem is the passport I submitted is not enough for my two years contract as live in caregiver.My new passport will be released April 30 2015 in Philippine Consulate.Is it still valid my work permit that in my old passport and I have my new passport together to show in Canada airport immigration?
 

ragluf

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Feb 15, 2012
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aray said:
Hi.. Please I need a advised,April 15 2015 I received a letter from CIC requesting to submit my passport,April 17 I submitted my passport @ VAC here in hongkong.My problem is the passport I submitted is not enough for my two years contract as live in caregiver.My new passport will be released April 30 2015 in Philippine Consulate.Is it still valid my work permit that in my old passport and I have my new passport together to show in Canada airport immigration?
Can you ask VAC HK if you can get an extension of submitting the PP as your new PP will be released soon/end of the month?

If not, to answer the questions - first:
1. What will be issued to you is the TRV/visa counterfoil that will be affixed to your PP. This is not yet the WP.
2. Your WP is actually issued at the PoE when you enter Canada. It is a separate official document.

So the TRV issued to you will be valid, but since your passport submitted is less than the duration of your authorization to work, expect the validity/expiry date of the visa will only be up to the expiry date of the passport you submitted (old passport). So expect the visa validity will be less than 2 years. For example, if your old PP is expiring in 2016, then your TRV validity will be up to only 2016.

This is the drawback - if you plan to travel for vacations, you may have to apply for a re-entry sooner rather than before 2 years has passed.

The TRV issued to you does not become invalid even if your PP expires - see reference from Port of Entry Examinations - ENF 4 http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf
13.15. Valid visas in expired passports
If an expired passport contains a valid visa counterfoil, the counterfoil can still be used since the expiration of the passport has no effect on the visa's validity. Holders of a valid visa may continue to use their visa until the date it expires even if the visa is in an expired passport. Visitors can fulfil the visa and passport requirements by presenting both the renewed and expired passports containing the valid visa counterfoil to a BSO when seeking entry into Canada. The Regulations state that visas should not be issued longer than the validity of the passport. However, due to pre-IRPA cases, it is possible to encounter visas in expired passports.


At the PoE - present both your visa (on the expired/old PP) as well as your new PP. Your WP can then be issued for up to 2 years - the limit of your authorization to work.

.../hth
 

aray

Newbie
Apr 22, 2015
7
0
Thank you very much Ragluf,so it means to say even my TWP that in my old passport is less than two years but if I show my new passport together with my old passport @ POE they will issued 2 years WP in my new passport?
 

ragluf

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Feb 15, 2012
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aray said:
Thank you very much Ragluf,so it means to say even my TWP that in my old passport is less than two years but if I show my new passport together with my old passport @ POE they will issued 2 years WP in my new passport?
You will not be issued a TWP by the VAC @ HK - what will be issued to you is a temporary resident's visa (TRV) with class/category W-1 - this signifies you are entering as a worker. This is not a permit yet - this is a visa that is affixed to your passport. You need this visa to travel to/enter Canada - this is an entry document.

At the PoE, you will be issued your WP. This is your status document and is separate from the TRV in your passport. So you will have 2 types of documents after being processed at the PoE.
1. The TRV - this is issued by the VO or in your case VAC HK and is affixed/stamped to your passport
2. The Work Permit - this is issued at the PoE (port of entry) when you arrive in Canada

The work permit is proof of your worker status, the TRV is an entry document you use to travel into Canada. You do not substitute one for the other (i.e. use the WP to travel into Canada - the WP is NOT a Travel document).

Now to answer your question - please understand first the difference between a TRV and a WP as I stated above so you can be clear what can happen.

Even if your TRV issued by VAC HK has less than two (2) years validity, you can be issued a 2yr Work Permit, as long as the valid presented passport at the PoE has an expiry of greater than 2 years. Which means:
1. You may have a TRV that will expire in less than 2 years (based on expiry date of your old passport which was valid at the time of submission to VAC HK)
2. You may be issued a WP that will expire in 2 years (before the expiry date of your new passport, which is valid at the time of presentation at the PoE).

.../atb
 

aray

Newbie
Apr 22, 2015
7
0
Hi Ragluf,I have my old passport now and my TRV is affixed which is valid till March 23 2017.
Tomorrow is my appointment to get my new passport.
My problem is I'm having my second thought if I will get it or not.
Because someone told me also that I may be questioned at the POE why my TRV is affixed in my old passport.
 

ragluf

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Feb 15, 2012
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aray said:
Hi Ragluf,I have my old passport now and my TRV is affixed which is valid till March 23 2017.
Tomorrow is my appointment to get my new passport.
My problem is I'm having my second thought if I will get it or not.
Because someone told me also that I may be questioned at the POE why my TRV is affixed in my old passport.
No issues on that - I and my wife have done the same - travelled back with my valid visa on an old/expired passport. I presented both (new passport - no visa, and old passport - with valid visa) to the CBSA officer on the PoE. Ask that someone who said so if that was a personal experience or overheard from somewhere else.

Again I will point out that regulations themselves allow for this:

The TRV issued to you does not become invalid even if your PP expires - see reference from Port of Entry Examinations - ENF 4 http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

13.15. Valid visas in expired passports
If an expired passport contains a valid visa counterfoil, the counterfoil can still be used since the expiration of the passport has no effect on the visa's validity. Holders of a valid visa may continue to use their visa until the date it expires even if the visa is in an expired passport. Visitors can fulfil the visa and passport requirements by presenting both the renewed and expired passports containing the valid visa counterfoil to a BSO when seeking entry into Canada. The Regulations state that visas should not be issued longer than the validity of the passport. However, due to pre-IRPA cases, it is possible to encounter visas in expired passports.


.../hth