Help needed! regarding transition from work permit to PR for my fiancé.

[dombledore]

Hi,

I'm a PR and I've applied for my Citizenship this summer. I met my fiancé here last year in Canada while he is holding the temporary work permit (will expire in Mar 2014). We're planning to get married next year. However, we didn't expect that the waiting time for Family sponsorship class immigration will take almost 2 years to officially get his PR card if we apply inland. We're petty worried how to extend his work permit or what kind of VISA he can apply while waiting for the immigration, since his work permit is not the open one (can only work in the indicated company) and his contract with the company will end in Mar/2014 as well. So my questions are :

1) is there any visa called "Fiance Visa"?
2) can he extend his TRV which will expire the same time with his work permit (Mar 2014) in the name of my fiancé while he is still in Canada?

Any advice will be much appreciated!

Many thanks,

dombledore

 

[Rob_TO]

1) is there any visa called "Fiance Visa"?

No. You must be common-law (lived together 12 months) or officially married before you can submit PR application.

2) can he extend his TRV which will expire the same time with his work permit (Mar 2014) in the name of my fiancé while he is still in Canada?

If you submit the inland PR application along with an OWP application BEFORE the current closed work permit expires, then the current closed work permit will be automatically extended under implied status, and he can continue to work ONLY for the same employer under the same conditions... until stage 1 processing is completed (around 11 months).

During this entire time he should not leave Canada at all, else the implied status ends.

If wanted to work for a new employer, he would need to wait until OWP is approved (approx 11 months after submitting PR app), or find another employer willing to go through LMO process to give him a new closed-work permit.

 

[dombledore]

Hi Rob_TO,

thanks for your clear explanation and help.

"If you submit the inland PR application along with an OWP application BEFORE the current closed work permit expires, then the current closed work permit will be automatically extended under implied status, and he can continue to work ONLY for the same employer under the same conditions... until stage 1 processing is completed (around 11 months)."

This option seems to be very convincing and doable. So once I applied for his PR application along with OWP, will there be any document showing that his current WP is still valid ? so that he can ask his current employer to see if they are willing to extend his job.

Thanks again!

 

[Rob_TO]

"If you submit the inland PR application along with an OWP application BEFORE the current closed work permit expires, then the current closed work permit will be automatically extended under implied status, and he can continue to work ONLY for the same employer under the same conditions... until stage 1 processing is completed (around 11 months)."

This option seems to be very convincing and doable. So once I applied for his PR application along with OWP, will there be any document showing that his current WP is still valid ? so that he can ask his current employer to see if they are willing to extend his job.

No, that's why it's called "implied" status only. For proof you are supposed to keep the application, fee receipts, etc.

Others will need to advise on extending closed work permits (I assume original via the LMO process) with an inland application, and perhaps if anyone has gotten CIC to send a letter explaining about implied status for employer benefit.