Options for a work permit after my IEC visa expires??

[Gary_87]

Hi guys!

I need some help. Heres the background details. I'm a British citizen. I left the UK in october 2008 and went to australia. I left there and went back to the UK in August 2010. I then went to Canada in January 2011 on a Bunac visa. That expired the following year and I went home for 2 months before returning to Canada in March 2012 on my first IEC visa. While travelling I met my now fiance who is a Canadian citizen and we have been living together for 1 year.

In 9 weeks I'm not going to have a visa and I need to stay here as we are getting married in August. I also need to work as to stay here that long after my visa expires without working is going to be very expensive.

I am currently waiting to hear back from CIC on an open work permit I have applied for but they are taking so long and I'm not completely confident.

What are my options here? I could apply for a common law visa but could I work?
Can I get an lmo in time for March? (I am a qualified teacher but only subbing at the moment)
Can I apply for my 2nd IEC visa?
Can I apply for a work permit at all and stay after march?

I know I can remain a visitor but I need to work.
This is really stressing both me and my fiance out as we both have a wedding to plan and pay rent we can't afford if only one of us works.

I appreciate any help.

Thankyou
Gary

 

[Gary_87]

also P.S. Is there any way I can get implied worker status if I need it?

 

[Gary_87]

Can anyone help at all? I'm really struggling at the moment. Anything helps.Thanks guys!

 

[amikety]

I'll answer what I know the answers to -

1) Unless the employer already has a LMO, it's unlikely you'll have one in hand by March. There is no implied status switching from IEC to work permit because IEC's aren't extendable.

2) I'll go look

3) Applying for an open work permit is a waste of your time and money. You don't qualify for one.

I feel for you. My husband and I are in the same situation. Immigration is taking a lot longer than expected partially because we misunderstood the rules and partly because I have ghostly fingerprints apparently!

Personally, I'm very frustrated I cannot work. You wouldn't believe how many Canadians are amazed an American married to a Canadian cannot work. It's almost humorous.

 

[amikety]

Regarding #2

It appears you have to live in the UK to apply for the IEC visa. (I've discussed this issue with two different people holding UK passports and Irish passports - where they applied as Irish citizens because they were less restrictive.)

2.be a citizen of the United Kingdom and be able to demonstrate habitual residency (i.e. physically living) in the UK for at least three years directly prior to your application to the IEC;

http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/working_holiday-vacances_travail.aspx?view=d

Now I'm just reading from a website. I have no practical experience with this, so I could be understanding it wrong. You might try asking in the London thread. The fact you're asking about IEC in a Family Classs thread is okay. You're more likely to find someone who has been through this.

http://www.canadavisa.com/canada-immigration-discussion-board/-t49436.0.html

Btw, if you've lived together for at least one year, you can apply as common-law to get the process going. In that case, I would hold off on getting married until after you land, just because if you get married while the application is in process, you have to stop and send in proof of marriage which can cause a small delay.

You're allowed to be engaged and apply as common-law. (Something I wish I knew last summer! CIC's wording confused me - they've since changed it to make it clear it's okay.)

 

[Gary_87]

Hi!

Thanks for your reply!

Unfortunately I cannot change the fact we are getting married. It is happening and already booked. Invites have been out and my family have plane tickets booked. It's kind of a pain with all this visa stuff to figure out! We booked everything because we misread something on the CIC website. We thought I could work on implied status if we applied for common law, which it turns out we cant.

The timeline for coming events is this:
March- my visa expires
August - due to get married
November - we both leave because we are going to go and teach abroad (we cant go earlier due to the lease on our property)

So, the simple fact of the matter is, my visa is going to expire as I only have 9 weeks left.

Is there any way I can even stay in Canada as a visitor? Do I just have to leave the country and then come back in at the border or do I have to apply to change my status?

I also have another question - I am a qualified ESL teacher which comes under the NOC as number 4021 which is in class B. I have a degree and also a college diploma from a Canadian college that qualifies me as a skilled teacher. Is there any way this can help me?

I desperately have to stay and I can't for the life of me figure out how. Even as a visitor would be ok at this stage because I could then get the ball rolling with the LMO application...

Thanks again,
yours frustratedly,
Gary

 

[amikety]

Yes, you can request to remain as a visitor. You'll need to submit a request to change your status. You can do it online or by mail. You can also go to the border if it's an option. You don't have to enter the USA, although you probably can if you want. Just tell the agent you wish to 'flagpole' to get a visitor's record.

http://www.cic.gc.ca/english/visit/extend/visa.asp

Just a question, but how long do you plan to stay outside Canada? One of the 'requirements' for sponsoring a spouse is you intend to reside in Canada. If you're outside Canada, they usually want proof you plan to return once you receive the PR. Obviously, you don't have to pack up and leave the moment you get the visa, but if you have a three year teaching contract, they may tell you re-apply when you're closer to moving back. This is not a guarantee, as it happens sometimes and others not. Just something to consider. You might also get your visa before then, so as long as you complete landing procedure, you'll be fine. Being with your Canadian spouse will count towards your residency requirements even though you're overseas.

It sounds like you could possibly qualify for the CEC - which I don't know much about. (I'm Family Class too.) I have heard some talk of people getting OWPs with the CEC process - so maybe you can post your education and experience on the Canadian Experience Class section of the forum and see what advice they give you.

 

[nevenj]

You can apply to extend or change conditions on your IEC work permit. You will be in implied status but your application will be eventually rejected (application processing times is around 8 weeks, send it by mail, not online). I know this because my friends are here on IEC (me also, but I already applied for my PR through FSW) and one of them applied for extension of work permit and he knows it will be rejected but he wanted to be in implied status (you can check this with CIC, they told them he can do it). Other friend applied for extension as a visitor because he got married and he is starting his PR process.

 

[nevenj]

The Foreign Worker Manual provides the following information about extensions under the permits issued for IEC programs:

Conditions of work permit: participants under the working holiday category may receive an open work permit with a validity period of 12 months (See Appendix E for details); participants under the one of the other two categories may receive employer-specific work permits with a suggested validity period that reflects the length of their contract of employment. Participants holding an employer-specific work permit must submit an application either online or by mail to CPC-Vegreville if they wish to change the conditions imposed on their work permit (e.g., change in employer).
(Use the following link for instructions on how to do this: http://www.cic.gc.ca/english/information/applications/extend-worker.asp). The validity period of a C21 work permit may not exceed the validity period of a participant‘s passport. IEC participants may not request to extend their stay under IEC unless the extension is within the original authorized period of stay as per their LOI.

So being able to extend the terms and conditions is based upon the original LOI - letter of introduction. If you meet the criteria for the LOI then implied status exists if the application was submitted prior to expiration, however, if criteria is not met then there is no implied status.

So, check dates on your LOI

 

[Gary_87]

Thanks for the replies guys!

My most recent LOI said I had to use it by May last year so I think the dates are a little outdated. is that what you meant?

also I can't risk being rejected from the iec and then being told to leave.

Ill check the cec out.

also a quick question about visitor visas. how long can they be? technically I'd want one from march until november. is this possible? would they issue one for 8 months?

also jow long is a regular tourist visa obtained at the norder? can you keep leaving and reentering?

would saying i intend to travel be admissable enogh to let me In? or that I have a lease up I november when I pla o leaving?

thanks for all the help guys. really appreciate it.

 

[amikety]

My current VR is valid for one year. Most VRs are good for single entry - at least that's what mine is valid for. I've heard of multiple entries on a single VR.

Are you going to the border because you have business in the USA or just for the visitor status? Because you can do the visitor status online. Fee is the same and there's no cost for transportation But if you travel to the USA regularly for any reason, after getting your first VR, you can maintain your stay on passport stamps alone as long as there's no date written in the stamp and you don't stay longer than six months/whatever date is written on the stamp.

Personally, I would be honest. Tell CIC you've applied for your second IEC - show proof if you go in person, offer to show proof if you do online (although CIC will probably already know about your IEC application) - and you need to swap to visitor to maintain legal status until you get your new IEC visa. They may ask how you plan to support yourself as a visitor - at which point, you can show savings, income from a spouse or common-law partner (what I did), or other means you have to support yourself while visiting in Canada (example - parents will help with bills. Bring a letter from the parents.) Also, if you've begun the PR application for CEC or Common-Law Spouse/Married, you can show proof of this too. The usually recommendation here is show proof you have paid your fees for the PR application already. This last part seems to be very convincing to most IOs.

 

[Gary_87]

So can I apply for a visitor visa ONLY if I have a current visa In progress? what if after my iec expires I just apply for a visitor visa? eould this be ok?

about going to the border that would be instead of doing tjis route. I'm British so I'm technically visa exepmt as a tourist. can I just go down and request a tourist visa?

how long is one of them valid for? and could I request an 8 month or 12 month visitor visa if I don't have another application in process?

 

[amikety]

CIC asks you apply for the new visa at least 30 days in advance online. Thr border you can go anytime BEFORE your current visa expires. If you wait until its expired, you will have to pay extra to restore your status.

You don't get a tourist visa. You get a Visitors Record.

You can request whatever you want for length. CIC will give you whatever they decide is best.

 

[Gary_87]

Thank you for all your help. Seriously, it's nice to be able to get some answers because I simply can't get through to CIC.

My understanding is that a visitors record allows me 6 months at theborder correct?

I think I would apply for 8 months and state that I wanted to travel more and to see out my lease. I can prove I have enough funds to pay the rent and to fly home after it so that wouldn't be a problem.

If I apply for a change of status to visitor, and it is approved,would I have to leave the country to activate it or does it immediately and electronically change?

Thanks again amikety. You've been a great help.

Gary

 

[amikety]

No, you don't have to leave to activate the VR.

VRs at the border vary in length. I would show them the lease. Usually they'll accomodate you. (My luck, you'll get the one a-hole agent and wonder what I was smoking )

You're welcome. Feel free to ask anything and I'll try to help.