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PNP - what happens if applicant has to leave the country?

Sep 26, 2010
1
0
Hello,

My wife has applied under the Provincial Nominee Program, and things are looking pretty good: She passed the medical exam, and the results have been received by the immigration office about 1 month ago.

The "problem" is this: She no longer has a legal status in Canada and has to leave "immediately" (i.e. within 30 days). When her status expired, she submitted an application for her status to be restored, but it was rejected, therefore she (apparently) has no appeal and must leave. If someone knows of something that could be done to make it possible for her to stay, please enlighten me.

Since applications for the provincial nominee program are typically made from within Canada, will her file be rejected because of her lack of a legal status in Canada? Or can she simply notify the immigration office processing her file that she will be outside of the country and the papers required for her to land in Canada (once she is approved) should be sent to an address in China? Does anybody here have experience / knowledge or could point me to the documents that would confirm any of those scenarios? The call centre is not really helpful because her file is being processed outside of Canada (New York), and of course there is no way to speak directly to anyone from the New York Office, either.

Of course the backup plan if her file is rejected is to submit a new one, with me as her sponsor, but then again, that's possibly another 1 to 2 years of playing the stupid waiting game, but this time away from her each other.

If anyone has info to share, please help!

Thanks!
 

dhekky0108

Full Member
Dec 25, 2009
21
1
Calgary, AB
Category........
Visa Office......
cic - buffalo
NOC Code......
4214
Job Offer........
Pre-Assessed..
App. Filed.......
28-5-2009
Nomination.....
25-01-2010
AOR Received.
25-08-2010
File Transfer...
08-03-2011
Med's Request
25-08-2010
Med's Done....
04-09-2010
Passport Req..
31-03-2011
VISA ISSUED...
09-06-2011
what i know is pnp should be employer based. isn't she applied and nominated by her employer?? if she doesn't have any status that means she doesn't have any employer right?? because as far as i know you still have to continue working with the employer that nominated her and continue with the applying for work permit until you get you pr approval unless you did a bargaining agreement which is actually not compulsory and work with her employer for several more years.
 

yuvraj7

Star Member
Sep 23, 2010
117
1
hi,
I Think when they request a passport they need your status in canada for getting your visas stamped otherwise ur file can be refused ,you can do one thing that you need to maintain status if u want apply for astudy permit as by this u can maintain ur status
 

mutt391

Star Member
Aug 25, 2010
124
2
Vancouver,BC
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
17-05-2010
Nomination.....
31-03-2010
AOR Received.
10-09-2010
IELTS Request
Not Required
File Transfer...
Never Happened..
Med's Request
10-09-2010
Med's Done....
21-09-2010 (Sent to Ottawa Per Medical Personel)
Interview........
Not Required.
Passport Req..
01-04-2011
VISA ISSUED...
PP Sent: 04-04-2011 /PP & VISA RECEIVED: 29-04-2011
LANDED..........
1-05-2011
Which province's PNP did she applied to? Some provinces provides a support letter in order for her to get a work permit asap..