Tough situation

[aambrose]

So here's my situation.

I am from Australia. I am 31. I have done two rounds of IEC. which is two year cycles. My visa expires on 4th January. I send an application in for my PR.. in November however I sent the wrong one in.. I sent a form for my PR Card (I didn't realize there was a difference between the two). So I called them and they said my application had been sent back to me, however I hadn't received anything.

So I'm left with two options.. after coming home to a crying girlfriend. 1. Apply for a Work permit (with my employer, that remains employee specific).. then after that I can begin the process of my PR. 2. Change my work permit to a visitor visa and then apply for a PR status after I've applied for that.. or 3.. and not so attractive is I leave the country and apply for my PR then come back to my girlfriend once I get it.

Any advice would be great? so far I've been trying to use the Express Entry tool to see what category I'd fit in, however I keep getting 503 errors.

 

[nope]

I don't understand why you can't apply for your PR now, using the correct form?

 

[aambrose]

Because i need to sit an English test apparently. And the next one is 12th January. At least on the website it says i need to sit an english test.

 

[scylla]

Because i need to sit an English test apparently. And the next one is 12th January. At least on the website it says i need to sit an english test.

Yes - you need to take the test and receive the results before you can apply for CEC (Canadian Experience Class) or any other immigration program. Also, simply applying for CEC doesn't allow you to remain in Canada or keep on working. You actually have to be selected, receive ITA and submit the full application. Have you calculated your points under CEC? As of now, you would need a score of 470+ to give yourself a good chance of being selected out of the pool in the next draw. Make sure you answer "no" to the question about whether you have a job offer. To qualify for job offer points, you would need to have an approved LMIA from your employer along with an actual job offer.

To apply for a work permit under your employer, your employer would first need to obtain an approved LMIA. This process alone can take around four months.

 

[aambrose]

So basically I'm screwed.... since my permit expires on Wednesday

 

[nope]

So basically I'm screwed.... since my permit expires on Wednesday

I don't know if you're screwed or not, or if you have some other short-term option -- but my recommendation, as someone who has dealt with a lot of different personal immigration situations, is that you take extreme care right now not to do anything in the short-term that requires explanation, or becomes disqualifying, later on. Be extremely careful not to overstay, not to work illegally, not to do anything that you would have to justify to CIC. Small infractions that seem benign can become large and malignant. Canada is better than most countries at not taking these personally, but it's better not to have them.

 

[aambrose]

I can't transfer my visa to a visitor visa. My girlfriend would be paying for everything. So basically. it looks like unless I can get a work permit for my employer.. which as you said before he needs an LMIA.. and that takes four months.. in that time I might as well leave an apply for my PR from back in Australia and then come back after I get it.

 

[scylla]

So basically I'm screwed.... since my permit expires on Wednesday

You can apply to change your status to visitor. If you do that and the application reaches CIC by Wednesday, you'll have implied status until a decision is made and can remain in Canada (although you'll obviously have to stop working).

 

[scylla]

I can't transfer my visa to a visitor visa. My girlfriend would be paying for everything. So basically. it looks like unless I can get a work permit for my employer.. which as you said before he needs an LMIA.. and that takes four months.. in that time I might as well leave an apply for my PR from back in Australia and then come back after I get it.

Sorry - posted before I saw the reply.

If you need to work to be able to stay, then it sounds like leaving and returning to Australia is your best option.

FYI - In case it isn't clear now, the PR card application is for people who are already permanent residents of Canada (which is why it was the wrong thing for you to apply for). You need to apply to become a PR. Information about Canada's various immigration streams can be found here: cic.gc.ca/english/immigrate/apply.asp

 

[aambrose]

I feel so bad. My girlfriend and I both can't stop crying. Thanks everyone. I'll see if i can figure something out

 

[Rob_TO]

Have you and your girlfriend lived together for 12 consecutive months? If so (and assuming she's Canadian citizen or PR) then you would be common-law and she could sponsor you for PR directly under family class.

 

[aambrose]

we have... but we put Single on our tax forms so we probably shouldn't do that.

 

[scylla]

I feel so bad. My girlfriend and I both can't stop crying. Thanks everyone. I'll see if i can figure something out

I would say that one of the best thing you can do at this point is really dedicate time to researching and understanding Canada's immigration programs and temporary work permit rules. It sounds like you had several misconceptions that landed you in this situation.

For starters, in addition to taking the IELTS test - I would also look into having your education officially assessed through a recognized agency. This is requirement for many immigration programs as well. Also, make sure you study for the IELTS test - don't just walk in there assuming you'll ace it. You want to achieve a high score so that you can get as many language points as possible to help you with the immigration process. You need to understand the test structure, how marks are given out and try a few practice tests to prepare yourself properly. Unfortunately you have quite a bit of work ahead of you if applying to immigrate is your objective. Another options would be to have your girlfriend sponsor you. However for that to be possible, you would first either have to be married or have lived together continuously for at least one full year (common law).

Good luck - I'm sure something will work out long term.

 

[scylla]

we have... but we put Single on our tax forms so we probably shouldn't do that.

Too bad - I would refile your taxes asap to correct this issue (expect to pay more tax).

But even with the common law sponsorship route - you're still looking at several months where you won't be able to work. If you apply inland (which allows you to also apply for an open work permit), it will be four months before the open work permit is approved. And it will likely take you a few weeks to get all of the paperwork together. So that would allow you to stay in Canada. But can you survive without working for 4-6 months?

 

[Rob_TO]

we have... but we put Single on our tax forms so we probably shouldn't do that.

It's mandatory in Canadian tax law to report your relationship status with CRA from single to common-law, asap after reaching 12 continuous months of cohabitation. To not do so and continue filing taxes as single, is tax fraud and can lead to forced re-assessments and possible fines if ever audited by CRA.

I would immediately do a re-assessment of your taxes with CRA going back to the year you became legally common-law (after 12 month of cohabitation).

You should also immediately apply to change your status to visitor so you don't go out of status after January 4.

At the same time I would immediately start putting together your inland sponsorship application, and gathering proofs of your 12 months of cohabitation. As mentioned you won't be able to work for approx 4 months, but with an inland app you'll then get an OWP and can work wherever you like while waiting for your PR app to process.