Critical Skills Permit vs. Stamp 1

[mcraem]

Hi all,

My Graduate 1G is set to expire next week, and last week I applied for my CSEP with my job (self-sponsored, however, in that I paid for it). My lateness in applying was due to delays getting my U.S. passport renewed, which I needed for my CSEP application. Expecting CSEP decision within two weeks, but this leaves a gap between visas.

My plan was to take a few weeks off unpaid so I wouldn't be working during any days without a visa, which was approved by my manager, but HR has informed me today that I'm technically still legally working without a visa even on leave because I'm still employed by the company. They're looking at whether they can suspend me without pay until my visa arrives, but unfortunately told me termination is not completely off the table.

I found something that says if an employee applies for a renewal visa before their current permission expires, they can remain in the country on the conditions of their expired visa for 8 weeks (which in the case of 1G, allows full-time work). I sent this to HR and they're still looking at it, but my worry is that this only applies to renewals, whereas I'm changing stamps so I'm not sure mine counts as a renewal. Anyone have any similar experience, basically, am I screwed and looking at being canned due to not having my visa in time?

[User20123]

Hi all,

My Graduate 1G is set to expire next week, and last week I applied for my CSEP with my job (self-sponsored, however, in that I paid for it). My lateness in applying was due to delays getting my U.S. passport renewed, which I needed for my CSEP application. Expecting CSEP decision within two weeks, but this leaves a gap between visas.

My plan was to take a few weeks off unpaid so I wouldn't be working during any days without a visa, which was approved by my manager, but HR has informed me today that I'm technically still legally working without a visa even on leave because I'm still employed by the company. They're looking at whether they can suspend me without pay until my visa arrives, but unfortunately told me termination is not completely off the table.

I found something that says if an employee applies for a renewal visa before their current permission expires, they can remain in the country on the conditions of their expired visa for 8 weeks (which in the case of 1G, allows full-time work). I sent this to HR and they're still looking at it, but my worry is that this only applies to renewals, whereas I'm changing stamps so I'm not sure mine counts as a renewal. Anyone have any similar experience, basically, am I screwed and looking at being canned due to not having my visa in time?

I recall being in a similar situation, with the exception that I was transitioning from Stamp 1 to CSEP. I didn't have a visa for more than a few weeks, but since I applied through a lawyer, she informed me that since we applied for CSEP before the expiration of my current stamp, everything is in order; it is now up to the DJEI to issue the permit within the time frame they are processing applications in.

In spite of this, when you apply for naturalisation, the period of time in which you have no reconable residence will be considered. Someone from my office was recently in a similar situation, and she was on unpaid leave until her CSEP was resolved. Since you applied independently, it would be wise to send an email to INIS and ensure that you receive a response, as this will put your mind at ease. I believe there is a number through which you can contact the DJEI and inquire about the best course of action in this situation.

Best of luck on the CSEP. I hope you get it quickly.

[mcraem]

I recall being in a similar situation, with the exception that I was transitioning from Stamp 1 to CSEP. I didn't have a visa for more than a few weeks, but since I applied through a lawyer, she informed me that since we applied for CSEP before the expiration of my current stamp, everything is in order; it is now up to the DJEI to issue the permit within the time frame they are processing applications in.

In spite of this, when you apply for naturalisation, the period of time in which you have no reconable residence will be considered. Someone from my office was recently in a similar situation, and she was on unpaid leave until her CSEP was resolved. Since you applied independently, it would be wise to send an email to INIS and ensure that you receive a response, as this will put your mind at ease. I believe there is a number through which you can contact the DJEI and inquire about the best course of action in this situation.

Best of luck on the CSEP. I hope you get it quickly.

Thanks for this, I really appreciate it. I called and was given an email to reach out to, so I asked if the 8 week grace period applies to those who applied for a new stamp with a change in circumstances, rather than applying to renew their current permission.

I have 3 years' reckonable residence already and I remember seeing somewhere that the final year before applying for naturalisation must be continuous, but will explain this small gap in any case. I'm not even too worried about that right now, just sick at the thought of getting terminated for a few days without a visa. Really appreciate your help and it does put my mind at ease a bit to know that since I applied before my current stamp's expiration there's a chance things will be OK. Thanks again

[User20123]

I recall being in a similar situation, with the exception that I was transitioning from Stamp 1 to CSEP. I didn't have a visa for more than a few weeks, but since I applied through a lawyer, she informed me that since we applied for CSEP before the expiration of my current stamp, everything is in order; it is now up to the DJEI to issue the permit within the time frame they are processing applications in.

In spite of this, when you apply for naturalisation, the period of time in which you have no reconable residence will be considered. Someone from my office was recently in a similar situation, and she was on unpaid leave until her CSEP was resolved. Since you applied independently, it would be wise to send an email to INIS and ensure that you receive a response, as this will put your mind at ease. I believe there is a number through which you can contact the DJEI and inquire about the best course of action in this situation.

Best of luck on the CSEP. I hope you get it quickly.

Thanks for this, I really appreciate it. I called and was given an email to reach out to, so I asked if the 8 week grace period applies to those who applied for a new stamp with a change in circumstances, rather than applying to renew their current permission.

I have 3 years' reckonable residence already and I remember seeing somewhere that the final year before applying for naturalisation must be continuous, but will explain this small gap in any case. I'm not even too worried about that right now, just sick at the thought of getting terminated for a few days without a visa. Really appreciate your help and it does put my mind at ease a bit to know that since I applied before my current stamp's expiration there's a chance things will be OK. Thanks again

Yes, you need not worry. Nothing will go wrong. This happens to a large number of applicants on a regular basis. You may not find anything useful in this forum, but based on my experience, I've seen so many people dealing with the same issue without a visa, and sometimes companies don't care if they don't have one. What is important is that you have applied and are legally awaiting a response to your application.

You will definitely get it shortly. Stay calm and ensure you have everything necessary to save your back. I always advise people to contact the INIS department and get confirmation on whatever situation they are in, or to seek the counsel of a lawyer, because sometimes the assistance of a professional is essential.

Good luck

[mcraem]

Hi all,
I'm awaiting my CSEP any day now. Since my 1G expired in the interim, I'm on suspension from work. In the case the employment permit is granted, can I not return to work until I register for Stamp 1, yeah? The permit on its own isn't a right to work, just entitles you to Stamp 1 which is the right to work?

Thanks in advance. Just looking to get an idea for myself of the time I won't be working.

[User20123]

Hi all,
I'm awaiting my CSEP any day now. Since my 1G expired in the interim, I'm on suspension from work. In the case the employment permit is granted, can I not return to work until I register for Stamp 1, yeah? The permit on its own isn't a right to work, just entitles you to Stamp 1 which is the right to work?

Thanks in advance. Just looking to get an idea for myself of the time I won't be working.

I mean, to be honest, mine had also expired, but as soon as I got the email from DJEI with the letter of CSEP, my company was fine. To be honest, it depends on the company. They need to show some flexibility here!!!

[meself2]

Technically speaking, the permit itself is actually the right to work - IRP with Stamp 1 just allows you to stay in the country to do the work and shows you're registered with ISD.
Whether you're able to work just with the permit or not is a bit of a grey area imo.

On the side note, Stamp 4 IRP would be the right to work, as that's what shows you can work without restrictions, but that's a topic for another time.