URGENT: Can I keep working if I apply inland for PR.

[knelson]

Hello
I would really appreciate any help I can get. I have read through some forums but I am still confused. I am from Australia and I am applying for PR through my girlfriend. I am on my second work visa and it is expiring in February. It is a faster process if I apply outland, but I am wondering if there is a way to apply inland and keep working while I wait for my PR? I see there is a form for extending my stay or remaining in Canada as a worker however I am not sure if I am eligible for this since I have reached my maximum allowance for a work visa come February.
Please let me know any knowledge you have regarding this. Thanks so much.

 

[MaryLou6]

If you apply inland and you're not out of status, you are eligible for the pilot OWP - it's usually issued within 4 moths.

 

[knelson]

I saw this reply to somebody who is in a similar situation as me...which is why I am so confused.

"A straightforward outland app through Sydney should be done in around 6 months, possibly sooner; Sydney is pretty much the fastest office around. I STRONGLY advise against sending an inland app; outland is definitely the better option.

No matter how you apply, if the PR app isn't approved by Jan 2015, the only way you'd be able to keep working beyond your IEC expiry is if the employer got a positive Labour Market Opinion and you received a closed work permit.

You can only submit an OWP app with an inland PR app but because IECs do not benefit from implied status, you would NOT be able to continue working after your IEC expires.

If you apply outland and still don't have approval by Jan 2015, you would have to apply to change conditions and extend your stay as a visitor. Obviously, as a visitor, you can't work."

I do not know what an IEC is. This is just confusing! :-X

 

[knelson]

Do I qualify for an open work permit (OWP) even if I have reached my maximum allowable. Australians have a 4 year maximum work permit and I am coming up on mine. I would like to get my application on the go, and I would love to stay in Canada and keep working if possible but I am unsure at this point. Apparently it is faster with an outland app through Sydney, but if I am eligible for the OWP here I will apply inland.
Thanks for any help!

 

[scylla]

I do not know what an IEC is. This is just confusing! :-X

IEC = working holiday visa.

 

[canuck_in_uk]

I saw this reply to somebody who is in a similar situation as me...which is why I am so confused.

I do not know what an IEC is. This is just confusing! :-X

As the author of that post you've quoted, allow me to clarify. I posted that in May 2014; this was prior to the start of the inland OWP Pilot Program, so things were a bit different.

People on IEC visas (also called Working Holiday) are not allowed to work while on Implied Status. If they submitted inland PR apps with an OWP and their IEC expired mid process, they were not able to continue working. Once the OWP was issued after first stage approval (takes about 17 months), they could once again work. If they wanted to work in that time in between, they need to follow the normal route for getting a closed work permit, which involed the employer paying to apply for an LMO (now called LMIA) etc.

With the pilot program, OWPs are being issued about 4 months after an inland app is submitted.


That said, my previous advice to that other poster still applies: DO NOT APPLY INLAND. Sydney is a VERY fast office and if you get your app in soon, you will most likely be a PR before your current work permit expires in Feb.