Hi everyone,
I am a U.S. citizen currently working in Canada for the Canadian subsidiary of a U.S. tech company under a temporary work permit, granted to me as an intra-company transferee (meaning that I am being paid by the Canadian company). This permit expires on August 31, 2018. On July 30, I applied for a new work permit to begin on September 01. As I understand, I am allowed to stay in Canada past my current work permit's expiration date under "implied status" until the government approves or rejects my new work permit.
This is all well and good, but I have been making plans to return to the U.S. for a work conference and to visit family, from August 31 to September 11 or 12. According to the Check Processing Times webpage, the current processing time for a work permit extension with the same employer is 51 days. This means that I may be in a position where I have not received an acceptance or rejection of my new work permit by the time I want to return to Canada. This leaves me with two options:
a.) Cancel my travel plans and remain in Canada until my new work permit is accepted or rejected
b.) Work from one of my company's U.S. offices and not re-enter Canada until my new work permit is accepted or rejected
So, here is my question: will option B create any problems if I am still being paid through the Canadian company while I live and work in the U.S. and wait for a final decision on my new work permit?
Thanks very much!
Edit to clarify:
I found this help article on the Immigration & Citizenship website:
"I have applied to extend my work permit. Can I travel outside Canada?
You can leave Canada and come back. However, one of three things will happen when you return to Canada.
I read this as saying that, if I find when try to re-enter Canada that my permit has not yet been extended (that is, if Option 2 isn't applicable at my time of re-entry), my only options will be to either enter Canada on a visitor visa and not work while I am there, or return to the U.S. until a final decision has been made regarding my new work permit.
(http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=190&top=17&_ga=2.90891226.1381041899.1534771380-1644961561.1533071714)
I am a U.S. citizen currently working in Canada for the Canadian subsidiary of a U.S. tech company under a temporary work permit, granted to me as an intra-company transferee (meaning that I am being paid by the Canadian company). This permit expires on August 31, 2018. On July 30, I applied for a new work permit to begin on September 01. As I understand, I am allowed to stay in Canada past my current work permit's expiration date under "implied status" until the government approves or rejects my new work permit.
This is all well and good, but I have been making plans to return to the U.S. for a work conference and to visit family, from August 31 to September 11 or 12. According to the Check Processing Times webpage, the current processing time for a work permit extension with the same employer is 51 days. This means that I may be in a position where I have not received an acceptance or rejection of my new work permit by the time I want to return to Canada. This leaves me with two options:
a.) Cancel my travel plans and remain in Canada until my new work permit is accepted or rejected
b.) Work from one of my company's U.S. offices and not re-enter Canada until my new work permit is accepted or rejected
So, here is my question: will option B create any problems if I am still being paid through the Canadian company while I live and work in the U.S. and wait for a final decision on my new work permit?
Thanks very much!
Edit to clarify:
I found this help article on the Immigration & Citizenship website:
"I have applied to extend my work permit. Can I travel outside Canada?
You can leave Canada and come back. However, one of three things will happen when you return to Canada.
- You may be allowed to come back to Canada as a visitor, if we have not yet decided to extend your work permit. If this is the case, you cannotwork until you get your work permit extension. The officer at the port of entry may ask you to prove you have enough money to support yourself in Canada.
- You may be allowed to come back to Canada as a worker, if the officer at the port of entry finds out that we extended your work permit while you were away.
- You may be asked to apply for a new work permit at the port of entry.
I read this as saying that, if I find when try to re-enter Canada that my permit has not yet been extended (that is, if Option 2 isn't applicable at my time of re-entry), my only options will be to either enter Canada on a visitor visa and not work while I am there, or return to the U.S. until a final decision has been made regarding my new work permit.
(http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=190&top=17&_ga=2.90891226.1381041899.1534771380-1644961561.1533071714)
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