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Immigration, work permits, and my colleague getting fucked

Evil MultifariousEvil Multifarious Registered User regular
edited June 2009 in Help / Advice Forum
I live in Ottawa, Ontario, Canada. The other coordinator at the writing centre where I work has been working here for two years, did two degrees here, even got married, and she applied for a new work permit about four months ago. It has yet to arrive, and her current permission expires on Thursday. This means she can't work, she stops getting paid, and she can't even leave her house. Her healthcare coverage expires as well; this is after she had a blood transfusion last week, to put the icing on top.

She has been calling immigration but there is an automated phone message saying "we're too busy, call back later" every time. It's not an option to visit them physically, since their office is apparently in Alberta, instead of the capital city of the country.

What is her best course of action here? By the end of the week she'll have no income, no insurance, and in general be totally fucked sideways. Immigration is not exactly an easy office to deal with. Is she going to have to wait for a work permit that maybe, maybe will arrive in two weeks or so - depending on the competence of immigration bureaucracy and the Canadian postal system? Is there any other option?

Evil Multifarious on

Posts

  • supabeastsupabeast Registered User regular
    edited June 2009
    Doesn’t Canada have immigration attorneys?

    supabeast on
  • tbloxhamtbloxham Registered User regular
    edited June 2009
    I live in Ottawa, Ontario, Canada. The other coordinator at the writing centre where I work has been working here for two years, did two degrees here, even got married, and she applied for a new work permit about four months ago. It has yet to arrive, and her current permission expires on Thursday. This means she can't work, she stops getting paid, and she can't even leave her house. Her healthcare coverage expires as well; this is after she had a blood transfusion last week, to put the icing on top.

    She has been calling immigration but there is an automated phone message saying "we're too busy, call back later" every time. It's not an option to visit them physically, since their office is apparently in Alberta, instead of the capital city of the country.

    What is her best course of action here? By the end of the week she'll have no income, no insurance, and in general be totally fucked sideways. Immigration is not exactly an easy office to deal with. Is she going to have to wait for a work permit that maybe, maybe will arrive in two weeks or so - depending on the competence of immigration bureaucracy and the Canadian postal system? Is there any other option?

    Call a lawyer, seriously, do it right now. Immigration law at higher levels is designed to be hard, and if your company doesn't manage it for you you'll have a cats chance in hell.

    It would seem that she has the offer of a job, is married to a canadian citizen, I'm sure she will soon be able to get a visa to be eligable to work. Although she may have to return to her home country for a bit to get it.

    tbloxham on
    "That is cool" - Abraham Lincoln
  • DmanDman Registered User regular
    edited June 2009
    File for a work permit extention right fucking NOW before the current work permit expires!

    I know this to be true from personal experience but citing something anyways:
    It can take several weeks and sometimes a couple months to receive the work permit extension in Canada. As long as the work permit extension has been filed before the original work permit expires, the foreign national will have “Implied Status” and can continue to work on the same terms and conditions listed in the original work permit.
    http://info.lawyershop.ca/immigration/index.php/archives/2007/11/20/work-permit-renewal-and-extension/

    Edit: reread your post, if you've already filed for an extension you have implied status and should be able to keep working and whatnot till they finish processing your application.

    Dman on
  • Evil MultifariousEvil Multifarious Registered User regular
    edited June 2009
    She has already had a permit, she just needs a renewed one. The problem is that the wait switched from fifty days to a hundred and twenty days when she applied. And her current one expires on Thursday.

    Are these things supposed to expire? I mean she's married to a Canadian citizen! It just seems so bizarre.

    Evil Multifarious on
  • seasleepyseasleepy Registered User regular
    edited June 2009
    If her work permit does expire, as far as the health insurance goes, there are plans available through private insurance companies. You have to pay for them, obviously, but she may want to look into that while she's not covered by OHIP.

    She can apply for permanent residency via the family class if she's married to a Canadian -- but it'll still take 6 months to a year for it to get processed (oh god they're so slow and yes it is impossible to get a hold of official people). It won't solve her problem now, but if she plans on staying in Canada, it might be something to consider.

    seasleepy on
    Steam | Nintendo: seasleepy | PSN: seasleepy1
  • DmanDman Registered User regular
    edited June 2009
    She has already had a permit, she just needs a renewed one. The problem is that the wait switched from fifty days to a hundred and twenty days when she applied. And her current one expires on Thursday.

    Are these things supposed to expire? I mean she's married to a Canadian citizen! It just seems so bizarre.

    My understanding is that she has implied status and can continue to work and whatnot.

    and as someone else said, you have to apply for permanent residence, married or not. It's a bit of a process and includes everything from a criminal background check to a medical (including an aids test) but it's good for 5 years.

    Once you have permanent residence and have lived in Canada for x years you can apply for citizenship to avoid having to apply for permanent residence every 5 years.

    Dman on
  • seasleepyseasleepy Registered User regular
    edited June 2009
    Dman wrote: »
    She has already had a permit, she just needs a renewed one. The problem is that the wait switched from fifty days to a hundred and twenty days when she applied. And her current one expires on Thursday.

    Are these things supposed to expire? I mean she's married to a Canadian citizen! It just seems so bizarre.

    My understanding is that she has implied status and can continue to work and whatnot.

    and as someone else said, you have to apply for permanent residence, married or not. It's a bit of a process and includes everything from a criminal background check to a medical (including an aids test) but it's good for 5 years.

    Once you have permanent residence and have lived in Canada for x years you can apply for citizenship to avoid having to apply for permanent residence every 5 years.

    Er? The main requirement for keeping permanent residency is showing that you've been in Canada for 2 out of the past 5 years (and, y'know, you haven't committed a felony or something). You have to renew your card every 5 years, but you just have to send in like a 4-page form and $50 to do that, not go through the whole PR application again (thank god for that).


    Edit: also, searching the CIC website on implied status (since I don't know much about it) gives me this PDF, which indicates your co-worker should be okay as long as she doesn't leave the country before her new permit arrives (bolding theirs):
    Page 28 wrote:
    A temporary resident must apply to extend their period of authorized stay before it ends. If they
    have done so, their period of authorized stay as a temporary resident is extended by law until a
    decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
    resident during that period.

    If a temporary resident applies for renewal of their work or study permit and their permit expires
    before a decision is made, R186(u) and R189 (the right to continue working or studying under the
    same conditions pending a determination of their application for renewal) apply only as long as
    the person remains in Canada
    .

    seasleepy on
    Steam | Nintendo: seasleepy | PSN: seasleepy1
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