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Immigration Issues/Options after IEC visa


Hi Ravi!

I have a few questins regarding my optikns after my IEC permit expires on March 14th 2013.

I need to stay in Canada as I am getting married in August. I have been living with my Canadian fiance for 1 year. I am also a fully qualified esl teacher and currently working as a substitute at a well recognised school.

I know I can apply for a common law visa but I have also read that if I do this it dies not grant me implied status as a worker after my visa expires.

Although this would help me to stay in Canadian it would not help me to continue working. Something I need to do as between now and August is a long time to wait without work.

Could you tell me what my options are?

I need to stay after my visa expires in March but I also need to work. is there a way I can get a temporary work permit (open) while my PR for commomlaw is being processed after my IEC expires?

Also I cannot get a 2nd year IEC as I do not meet the habitual residency requirements.

I hope you can help. I really appreciate it.

Gary :-)

Hi Gary,

First of all, I wish you Happy New Year and wish you all the best for 2013.

Unfortunately, the only "Option" you have is LMO. You probably know that if a Canadian employer is looking for an employee and he or she is not able to find that employee within Canada then employer can submit an application to Service Canada for an LMO.

I don't see any other option for you in order to work legally in Canada. Yes, you can submit your common-law application to Vegreville along all the supporting documents and submit a separate application for an extension as a visitor. Later, you can submit an application to Vegreville for open work permit and submit convincing grounds to officer to issue you a open work permit because it is 100% officer's discretion at that point to issue you a work permit or not. In last 23 years, I have seen very few applicants got a work permit by stating their financial hardship and got work permit. Therefore, I suggest you there is nothing wrong to try.


P.S: You have a choice to submit your common-law application out of country, which usually takes 4-6 months to process.

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Ravi Khosla


You can ask question related to Canadian Immigration, policies and procedures.


Serving the community since last 25 years in regards to their immigration matters.

Senior Paralegal (Immigration) CVT Law Office Surrey BC


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