About to put in my application, couple of questions!

[joshaw]

Hey all. Thanks for everyone sharing their advice and experiences; it has been extremely informative. I have a few questions about my situation.

I am a US Citizen here on a PGWP which expires Dec. 8, 2014. My spouse is planning to sponsor me but we have not put the application in yet as we have been waiting for my FBI Clearance to come back. I sent the FBI Clearance paperwork on October 31st. As you can see with the FBI's processing times, I am sure the clearance will not arrive in time. I have everything else ready, including my medical exams and a Police Clearance from the RCMP.

I put off the FBI Clearance for so long because my immigration lawyer told me it could be submitted later when requested from Immigration, but I am not so sure that's true from what I have read on these forums. My lawyer had also said I would be able to continue working under Implied Status if I submitted an OWP with my application, however I am also seeing some dispute on these forums that I am not eligible for implied status because I'm currently working on a PGWP.

So, my questions are:
1) Definitively, am I eligible for implied status if I submit the PR application with an OWP even though I'm currently here on a PGWP?
2) Can I submit my application without the FBI Clearance, but instead with a letter explaining that I am currently waiting on the clearance to come back? Or will my application be considered incomplete and sent back?
3) If my application IS returned as incomplete, will I no longer be considered implied status? What happens then?

Obviously, it would be faster and there are many benefits to applying outland, but I'm also really hoping to keep my job here in Calgary.

 

[Ponga]

Hey all. Thanks for everyone sharing their advice and experiences; it has been extremely informative. I have a few questions about my situation.

I am a US Citizen here on a PGWP which expires Dec. 8, 2014. My spouse is planning to sponsor me but we have not put the application in yet as we have been waiting for my FBI Clearance to come back. I sent the FBI Clearance paperwork on October 31st. As you can see with the FBI's processing times, I am sure the clearance will not arrive in time. I have everything else ready, including my medical exams and a Police Clearance from the RCMP.

I put off the FBI Clearance for so long because my immigration lawyer told me it could be submitted later when requested from Immigration, but I am not so sure that's true from what I have read on these forums. My lawyer had also said I would be able to continue working under Implied Status if I submitted an OWP with my application, however I am also seeing some dispute on these forums that I am not eligible for implied status because I'm currently working on a PGWP.

So, my questions are:
1) Definitively, am I eligible for implied status if I submit the PR application with an OWP even though I'm currently here on a PGWP?
2) Can I submit my application without the FBI Clearance, but instead with a letter explaining that I am currently waiting on the clearance to come back? Or will my application be considered incomplete and sent back?
3) If my application IS returned as incomplete, will I no longer be considered implied status? What happens then?

Obviously, it would be faster and there are many benefits to applying outland, but I'm also really hoping to keep my job here in Calgary.

You will only benefit from implied status if you submit your Inland application and OWP BEFORE your current status expires., but...you really shouldn't be submitting an Inland application.

Since you are a U.S. citizen, it's quite possible that you can complete the entire process in less than 6 months, since the majority of these applications are processing entirely in Canada. Only those American's with red flags (criminal inadmissibility, or questions regarding the relationship with your sponsor) are actually sent to LA.

Your PGWP is not extendable, therefore it is believed (by many here) that an OWP will likely NOT allow you to continue to work, but again...this topic has generated much debate here, so proceed with caution!! Aside from that, you would still benefit from implied status, but as a visitor, not a worker.

You can submit your application with a note indicating that the FBI PCC has been requested and you will forward it to CIC, immediately upon receipt.

Oh...and you didn't need the RCMP PCC, because CIC would have requested that themselves.

Good luck!

 

[joshaw]

Your PGWP is not extendable, therefore it is believed (by many here) that an OWP will likely NOT allow you to continue to work, but again...this topic has generated much debate here, so proceed with caution!! Aside from that, you would still benefit from implied status, but as a visitor, not a worker.

So, even if I gain implied status upon submitting my application inland, I won't be eligible to work at all past December 8th?

If I do apply outland, I'll need to change/extend my current status to a visitor, right? Should I use the IMM5272 - Application for Temporary Resident Visa, or just submit an application inside MyCIC?

Good luck!

Thanks! It sucks if I have to quit my job but it's better than chancing it and gaining a bad record, so I'm willing to do whatever is best!