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Application to Change Conditions / Extend Your Stay in Canada as a Worker
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I am trying to make a few determinations on this topic.
My current closed work permit is due to expire November 1st 2014.
We filed under Family Class Sponsorship class for PR along with an application to extend stay in Canada as a worker under same company.
We received verification of reception of this application back in August.
We made 2 mistakes and fixed them and resent the forms back.
We got notification that they received everything on August 26th 2014.
What are the odds that they will approve my extension to work under family class sponsorship?
Will i be able to work untill i get approved for OWP ?
I have seen some conflicting information on this subject:
1. Iv heard one can remain on implied status and can keep working till u get your OWP under family class sponsorship.
2. Ive heard no! implied status is given till they make a determination of the application to extend ur stay as a worker and the implied status is allowing you to work for that time frame till u get that determination......on the APPLICATION TO EXTEND YOUR STAY AS A WORKER.....and has nothing to do with Family Class Sponsorship Application/OWP etc.
While the above may be common knowledge to many readers (and judging from some of the emails that I receive in response to my articles, many of you are quite well versed in Canadian immigration law), there were recently some significant procedural and court decisions that have received little attention.
The procedural change is that CIC has announced that Inside-Canada Spousal Sponsorship applications can no longer be sent to CPC-Vegreville, but instead must be sent to CPC-Mississauga. This led many people, including agents at the CIC Call Centre, to mistakenly believe that applicants could no longer benefit from implied status during the processing of their Inside-Canada Spousal Sponsorship.
This is not the case. Work permit extension applications can continue to be included in Inside-Canada Spousal Sponsorship applications, where they will be processed to conclusion. The result is that Inside-Canada Spousal Sponsorship applicants can benefit from implied status during the processing of their permanent resident applications.
I seem to recall reading something similar from a Vancouver area lawyer.
The thing to remember, is that implied status:
1. Allows a person with legal status to remain in Canada, while their PR application is processed to AIP.
2. MAY (or may NOT) allow that same person to continue working. Some workers, will not be able to continue (IEC and perhaps those with PGWP, as many have debated here ad nauseam). In these cases, the implied status only offers them the protection of not being removed by CBSA, since without this, they would otherwise be out of status.
You stated that you have a closed work permit, but are the details of that work permit?
1. unless authorized , prohibitaed from attending any educational, institution and taking any academic proff or vocational training courses.
2. not authorized to work in any occupation other than stated
3. not authorized to work for any employer other than stated
4. not authorized to work in any location other than stated
5. must leave canada by 1 nov 2014
6. must furnish proof of compliance on 1 nov 2014 at port of exit
7. not authorized to work in child care primary or secondary school teaching health services field occupations
lmo # blah blah
all extensions or changes of status should be applied for online or by mail
When i sent in my extend to stay in canada as a worker application ( with my sponsorship application) i indicated to continue working for same employer).
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