woah - does this mean I can work while waiting for the PR!?

[IrishApplicant]

Hi all,

Need some expert advice/confirmation here.
Lodging my PR application this month.
I have been here in Can since March 09, on a 1-year, Over 30s visa agreed between Ireland & Canada.

In January I lodged an application for a TWP extension, while employed.
In March my 1-Year Work Visa finished up.

I have been under the impression that as 1)my work visa had ended and 2)my TWP was not yet even 'in process' that I could no longer work until that TWP is granted or my PR came through.

Just to be sure, I queried CIC weather I should cancel my TWP application, so as not to conflict with my PR.

This is the answer I got back:

Generally, all Temporary Residents in Canada must renew their status on or before the expiry date of their permit. (All good - I applied in Jan)

As a temporary resident, since you submitted your online application to extend your stay in Canada as a worker before the expiry date of your authorized stay, which was March 14, 2010, you are considered in status, as a worker, until a decision is made on the application. This is known as *Implied Status. While you are under implied status, the conditions imposed on your most recent authorized stay will still apply and will have to be respected.

Therefore, it is not recommended to withdraw your work permit application since you would lose your legal status in the country.

If your spouse or common-law partner will sponsor you from inside Canada, you can also apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application will have to be sent in the same envelope as the sponsorship application. This will also allow you to keep a legal status in Canada up until the time your application for permanent residence is *approved in principle. Please note that the open work permit will only be issued after the application for permanent residence will have been approved in principle. Visit our Web site to see how long it may take to get approval in principle.

So, to be clear for myself:
1)"you are considered in status, as a worker" = I CAN work, right now, today, If I so wanted to? Up until the TWP is granted/refused?

This is very important for me,as it means I can stop living off my savings!

Please, any clarification/advice re the above reply from CIC is VERY welcome!

IA

 

[Leon]

Yes, if you are already on a work permit and apply to extend it, you are under implied status and can continue to work until you hear from them about the extension.

 

[whiteapple]

how about stay here?

my visitor visa is expiring on october but we'll be submitting out spousal sponsorship application on aug 28. can i stay here legally then? do i have to renew my TRV together with my spousal application?

 

[giggles1985]

how about stay here?

my visitor visa is expiring on october but we'll be submitting out spousal sponsorship application on aug 28. can i stay here legally then? do i have to renew my TRV together with my spousal application?

hi whiteapple - I believe you need to file for an extenstion of your visitor's visa. An in-canada spousal immigration will definately take much longer to finalize than you have remaining on your visitor's visa.

http://www.cic.gc.ca/english/visit/extend-stay.asp

 

[whiteapple]

should i renew my TRV- BEFORE submitting the spousal application or AT THE SAME TIME?

 

[IrishApplicant]

Yes, if you are already on a work permit and apply to extend it, you are under implied status and can continue to work until you hear from them about the extension.

!!!

So the alst few months I could have continued work!?

godDAMMIT.

Following on form this - my SIN number issued to me last march had an expiry date in march this year. I presume I have to contact Service Canada re sorting out my status with them?

IA

 

[giggles1985]

should i renew my TRV- BEFORE submitting the spousal application or AT THE SAME TIME?

From what I have read, it takes some time to process the visitor's extension so you should probably request that soon. I am not sure if it matters whether your PR application has been submitted or not.

 

[IrishApplicant]

!!!

So the alst few months I could have continued work!?

godDAMMIT.

Following on form this - my SIN number issued to me last march had an expiry date in march this year. I presume I have to contact Service Canada re sorting out my status with them?

IA

To update - No I cannot work.

My SIN number was valid for up to 8 weeks after my original visa ended.
To work I need a valid SIN number.
My current SIN is no longer valid,and to get it re-issued I would need to provide a work permit.
Proof of a WP in process is not sufficient.

 

[RobsLuv]

As the information you received from CIC said, if you applied to extend your temporary status and/or your work permit, and that application to extend was received by CIC before your status expired, you were eligible to benefit from "implied status" to continue working and staying in Canada under the terms of your original status. That means working at the same job, for the same employer without stopping. If you quit the job you had, you are not eligible to just go out and get another one. You would have to have an open work permit to do that - to work for any employer.

To get an open work permit you apply for that option when you submit an extension to your current status WITH an inland sponsorship application. When you are approved for the first stage of assessment (7-8 months after they receive your inland application and extension request), CIC automatically issues the OWP as your new temporary status document. What you didn't mention in your initial posting is whether or not you are applying for PR as a sponsored spouse/partner, and whether you are applying (or have applied) via the inland process. So, depending on all that, you probably at least have valid visitor status at this time . . . that means you are eligible (via the inland sponsorship process) to opt for an open work permit to be issued when you get to first stage approval. If you didn't include another extension application WITH your inland PR ap (if you already applied) it's possible that you can get the extension ap "matched" to your PR ap by sending it under separate cover with a cover letter and all of your information, like your Client ID# and name, birthdate, etc. Write across the top of the extension, "OPEN WORK PERMIT AP - DO NOT PROCESS UNTIL FIRST STAGE APPROVAL" - because, if they mistakenly process it now, it would be refused because you're not yet eligible.

Hope that makes sense.

 

[IrishApplicant]

As the information you received from CIC said, if you applied to extend your temporary status and/or your work permit, and that application to extend was received by CIC before your status expired, you were eligible to benefit from "implied status" to continue working and staying in Canada under the terms of your original status. That means working at the same job, for the same employer without stopping. If you quit the job you had, you are not eligible to just go out and get another one. You would have to have an open work permit to do that - to work for any employer.

To get an open work permit you apply for that option when you submit an extension to your current status WITH an inland sponsorship application. When you are approved for the first stage of assessment (7-8 months after they receive your inland application and extension request), CIC automatically issues the OWP as your new temporary status document. What you didn't mention in your initial posting is whether or not you are applying for PR as a sponsored spouse/partner, and whether you are applying (or have applied) via the inland process. So, depending on all that, you probably at least have valid visitor status at this time . . . that means you are eligible (via the inland sponsorship process) to opt for an open work permit to be issued when you get to first stage approval. If you didn't include another extension application WITH your inland PR ap (if you already applied) it's possible that you can get the extension ap "matched" to your PR ap by sending it under separate cover with a cover letter and all of your information, like your Client ID# and name, birthdate, etc. Write across the top of the extension, "OPEN WORK PERMIT AP - DO NOT PROCESS UNTIL FIRST STAGE APPROVAL" - because, if they mistakenly process it now, it would be refused because you're not yet eligible.

Hope that makes sense.

Aye it does - but...Im applying Outland, thru London.

We have a pretty good application package, so Id say that i'm probably better off just going the Outland PR (w/OWP) route, get processed quickly and get to work!

What's truly, truly annoying is that I did not know I could have worked for another 8 weeks - thats several grand I could have saved!! >

This is a CLASSIC problem with the CIC- unless you ask the exact right question you will not get the info you need.
IA

 

[RobsLuv]

I agree - I really suspect that there are very few of them who are at all interested in really helping any of us You were wise to apply outland - London is fast. You should have PR and be working again long before you'd ever have been assessed even for first stage inland.