If I apply for PR as secondary applicant along with my spouse and my work permit expires after we receive the ITA. Will

Expert's Assistant chat
Customer: If I apply for PR as secondary applicant along with my spouse and my work permit expires after we receive the ITA. Will I have to leave the country?
Answered by Debra in 4 hours 2 years ago
imglogo
Debra
10+ years of experience
logo

170460 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

170460 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

img

Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

img

Debra, Expert

No.

You can apply to extend your stay by extending your visa or visitor's record so long as you apply before your work permit expires (or you visa if you have one). You will have implied status until you hear back so you should be OK.

Does that help?

Customer
I have my post graduate work permit expiring in jan 14 2021. If my husband receives the ita before that, would i still be under implied status as im not the primary applicant. I must let you know my trv has expired already, but i can renew it if required, i dont plan to leave the country though.
Customer
Also, how can i apply to extend my stay? Is there a specific form or process that i should look for online?
img

Debra, Expert

You can apply for a bridging work permit (unless you are in Quebec).

You don't have implied status without getting the bridging work permit so you may need to apply for a new visa.

Customer
I read on the immigration website that the bridging work permit is only available to primary PR applicants. Since my husband will be the primary applicant on our application, will i be able to apply for BOWP?
img

Debra, Expert

That's not true. The spouse of a Bridging Open Work Permit applicant is also be eligible to obtain a work permit. You would apply at the same time as the principal applicant.

If your spouse is not applying for a BOWP then you may be stuck where you would need a visa and would not be able to work.

Customer
He is ineligible for bowp since his work permit expires in 2023
img

Debra, Expert

You could get a closed work permit while still inside of Canada.

Customer
Really? How does that work?
img

Debra, Expert

You will need a job offer first.

Then your potential employer has to apply to the government for what is called a Labour Market Impact Assessment (LMIA). What this entails is the government reviewing the job market to ensure that there is a shortage of Canadians or permanent residents to fill your job. You cannot take a job away from a Canadian/permanent resident. So, you have to have a skill, or work experience, in an area where Canada needs workers and there aren't enough Canadians who have that skill or work experience.

If that's the case then the government will give the employer a positive LMIA.

Then you can apply for the work permit.

You will need to prove your credentials and also need to undergo background, medical and criminal checks.

Here's the webpage that has all the information you will need including the forms and information about the fees:

http://www.cic.gc.ca/english/work/index.asp

Customer
I already have a permanent full time job. I just dont want to lose it due to the permit.
Customer
Thanks for sharing that link
img

Debra, Expert

You are very welcome.

img

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer