simple Q - Will Canadian consulate cancel my active work permit at my request?

[waxweasel]

Simple question: Will the Canadian Consulate General in my city (Sydney,AU) willingly cancel my currently-active Canadian work-permit, if I request that they do so?

I want to apply for a new work permit to Canada next year, and it seems - due to red tape - that I will have some problems applying for a new one whilst a current permit is not within 12 weeks of expiry (by which stage I would be ineligible for a new one, due to age restrictions - which is why I would need to apply for the new one earlier, and not have it be effected by the currently-active work permit I have now, which I'm not even making use of at this time, since I'm in Australia at this time).

So would I be able to -of my own volition - make an appointment to have the Canadian Consulate here in Sydney terminate my current work permit? (To enable me to re-apply for another one in a couple of months)

Surely if I want to have my work permit cancelled, they would cancel it without prejudice...

Please help!!

 

[PMM]

Hi

Simple question: Will the Canadian Consulate General in my city (Sydney,AU) willingly cancel my currently-active Canadian work-permit, if I request that they do so?

I want to apply for a new work permit to Canada next year, and it seems - due to red tape - that I will have some problems applying for a new one whilst a current permit is not within 12 weeks of expiry (by which stage I would be ineligible for a new one, due to age restrictions - which is why I would need to apply for the new one earlier, and not have it be effected by the currently-active work permit I have now, which I'm not even making use of at this time, since I'm in Australia at this time).

So would I be able to -of my own volition - make an appointment to have the Canadian Consulate here in Sydney terminate my current work permit? (To enable me to re-apply for another one in a couple of months)

Surely if I want to have my work permit cancelled, they would cancel it without prejudice...

Please help!!

No, they won't cancel it. They will tell you that it just expires.

 

[ae03yy]

I do think if an applicant wants to cancel work permit he may do so. Now, they will refund processing fees given that they've not begun processing it. Otherwise they might not be able to accommodate you.

You should send a written notice asap if you're backing up on you intent to work in Canada.

 

[scylla]

I do think if an applicant wants to cancel work permit he may do so. Now, they will refund processing fees given that they've not begun processing it. Otherwise they might not be able to accommodate you.

You should send a written notice asap if you're backing up on you intent to work in Canada.

The OP is talking about a work permit that has already been issued. Not a work permit application that hasn't been processed yet.

 

[waxweasel]

Re: simple Q - Will Canadian consulate cancel my active work permit at my reques

I have a current valid work permit which I MUST cancel in order to apply for another Visa.

I need to apply (and be approved for) a work visa under the CANADA WHP (for Australian citizens) at least 6 weeks before I turn 31 in January, but they introduced a new clause in Dec 2010, stating that one may not re-apply for this work-permit any earlier than 12 weeks before a currently-valid work permit expires ( which is May 2012 for me). This would obviously be after my 31st birthday and thus make me ineligible for another visa under this program.

I do believe that I have extenuating circumstances here though, as I only applied for (and was granted) the work permit I currently have, as a way of extending my stay in Canada from my previously held work-permit (from May 2008-2010) for another 6 months , before I returned to Australia for a year or so (which I did in October 2010)... having always had the the intention to apply for one last WHP visa before I turned 31. That was always my intention.

Then in Dec 2010, they introduced the extra clause of not being apply to re-apply for this visa again earlier than 12 weeks before one's currently-held work-permit expires. Now... I feel that I have been genuinely prejudiced by the introduction of this new rules, which didn't exist at the time I applied for the second visa in May 2010 - which was just a way of be staying on for another 6 months. Had I known at the time that I wouldn't have been able to re-apply ( for the third time) any earlier than 12 weeks before May 2012 (obviously being after my 31st birthday), there's no way I would have re-applied for it at that time, or I would have requested that the issuing officer only issue me a shorter-length visa ( not the full 24 months - which I knew I didn't need)

This new clause has been introduced well after I was issued the current permit I have (which is valid to May 2012, and which I'm not using and haven't been using since I returned to Aus in Oct 2010). Obviously it is extremely unfair to have a clause which wasn't even in existence at the time of applying for this visa become the deciding factor in this situation. Surely I have a case here?? I've been caught in limbo by this new rule, and even still... my birthday is 14 weeks out from this work permit expiry. Surely they can be flexible on an earlier application due to these extenuating circumstances....

At the very least, they should be able to cancel my present work permit, so that I can re-apply without the prejudice that this new rule will have on what would previously have been an entirely legitimate, by-the-book application process for me - and one which I fully intended to undertake without encountering a newly-introduced clause that would put me into a grossly unfair catch-22 situation - which is where I find myself now. This is my life we're talking about here, and my long-held intentions to return to Canada on another (and final) 24 month WHP work visa should not be able to be destroyed by some recently introduced red tape that was not in effect when my current work permit was granted in May 2010....

Do I not have a genuine case here?
At least a good argument for them to cancel my current work permit?

 

[rjessome]

No, you don't have a genuine case that will be considered. The Canadian government gets to make the rules for their visas and work permits. Sorry but I highly doubt they are going to be sympathetic. However, you can always try.

 

[waxweasel]

Re: simple Q - Will Canadian consulate cancel my active work permit at my reques

No, you don't have a genuine case that will be considered. The Canadian government gets to make the rules for their visas and work permits. Sorry but I highly doubt they are going to be sympathetic. However, you can always try.

Oh. No. Any tips on how to go about making the case for my situation here or anything else I should write ??

I mean, the fact of the matter is, that they have introduced this new stipulation in December 2010, and from what I can tell from their website, it seems like it applies retro-actively to those people who were currently on work permits already (who otherwise might not have taken their work permits when they originally did, had they known this 12-week thing would suddenly be introduced in the abrupt manner in which it has, thus preventing them from making their next applications - ie: like myself. At the time of applying for the work permit that I currently have, had I know it could prevent me from applying for another one later on - with their new 12 week-window stipulation - I would never have applied for it when I did)

so any tips on any angles I could use here?

 

[scylla]

I would avoid the "rules changed suddenly" and "had I known" angle completely. Immigration / temporary resident / work visa rules change regularly - sometimes with little to no notice. So your situation is by no means unique. If you use this angle, I think it will come across as blame (i.e. it's your fault that you changed the rules and it's your fault I'm stuck). And behaviouraly, the blame approach rarely results in a positive reaction.

If I were in your shoes, I would go the sympathetic route and simply state the facts and respectfully ask that they cancel the visa. (And hope for a sympathetic officer.) In your case the facts are:

- you have a valid visa you are not currently using
- you would like to re-apply / re-new before you age out
- your current visa is expiring too late for you to re-apply before you age out based on the new rules

You might also want to include some information about why you want to re-new a third time and why you feel this is a very important opportunity for you (i.e. what you plan to do with that time in Canada, what has been positive about your experiences in Canada so far, what Canada offers you, etc.).

In short, milk the positives - say away from the negatives (blame).

 

[waxweasel]

Re: simple Q - Will Canadian consulate cancel my active work permit at my reques

I would avoid the "rules changed suddenly" and "had I known" angle completely. Immigration / temporary resident / work visa rules change regularly - sometimes with little to no notice. So your situation is by no means unique. If you use this angle, I think it will come across as blame (i.e. it's your fault that you changed the rules and it's your fault I'm stuck). And behaviouraly, the blame approach rarely results in a positive reaction.

If I were in your shoes, I would go the sympathetic route and simply state the facts and respectfully ask that they cancel the visa. (And hope for a sympathetic officer.) In your case the facts are:

- you have a valid visa you are not currently using
- you would like to re-apply / re-new before you age out
- your current visa is expiring too late for you to re-apply before you age out based on the new rules

You might also want to include some information about why you want to re-new a third time and why you feel this is a very important opportunity for you (i.e. what you plan to do with that time in Canada, what has been positive about your experiences in Canada so far, what Canada offers you, etc.).

In short, milk the positives - say away from the negatives (blame).

Thanks so much for the tip mate,

I will try this approach and let you know what the outcome is...

cheers