That's not correct! It would be true if the PR application submitted was an outland ap - but this one is inland, and according to Section 186(u) of the
IRPA Regulations, someone who submits a application to extend a work permit in conjunction with an inland PR application so that it's received before the WP expires is able to continue working under the terms of the original permit, regardless of the expiry date, until the first stage of assessment is completed on the PR application and new status is issued. (See below) Because you submitted the applications separately, CPC-Vegreville had no way of knowing that you even had an inland PR submitted. It will not be looked at until sometime around the first of the new year. Since your work permit still hasn't expired, you can try to submit another extension application for an Open Work Permit (you'll have to pay another fee). Track the mailing and get delivery confirmation that proves the extension was submitted before this permit expires - and write across the top of the application "INLAND SPOUSAL PR APPLICATION SUBMITTED - DO NOT PROCESS UNTIL FIRST STAGE APPROVAL" It will help immensely if you can also include tracking information for the inland application to show them that it has already been received, and when - because that will help them "match" them up.
My only question is whether you are permitted to apply again to extend your WP (since it's still valid), even though the first extension was refused. I think that you can, but I'm not sure - so if
rjessome (who is a Certified Canadian Immigration Consultant) doesn't see this and answer,
PM her to find out for sure. I think you should be able to - based on Part II of the
inland applicant's guide about maintaining status. It gives you the option to apply to extend your work, study or visitor permits separately from the inland PR ap - as long as you apply prior to expiration. It's not your fault that they couldn't "match" your WP extension with your PR ap, and if they offer that option and then make a mistake of refusing it because they don't know you have an inland ap in process, you should be able to apply again . . . especially considering the fact that the WP is still valid. If you can, you do that and then you are able to continue working under the terms of
this work permit -
only for the same employer in the same job - until they complete the first stage of assessment of your PR ap sometime around the end of this year. When that's done, they will automatically issue you an open work permit that allows you to go to work for any employer in any position.
R186(u):
A foreign national may work in Canada without a work permit until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
201(1) A foreign national may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.
With the extension application attached to an inland spousal application, the decision on the extension is suspended until the applicant has been assessed as an eligible spousal applicant with an eligible sponsor. This is what happens at first stage approval - which currently happens 9-10 months after submission of the inland PR ap. If this works right, you won't hear (and shouldn't) anything about either the PR ap or the extension application prior to first stage approval. So, as unsettling as it is, if this goes well, you actually won't get any answer on the work permit extension - and that's good news. Unless you receive another refusal, you're fine to continue working (pursuant to 186(u)) beyond the expiration date of your WP . . . unless rjessome says otherwise.
