Applied In Canada Class for PR Application and Left Canada

[alibaba]

I would extremely appreciate if someone can help me with this matter.

I Got married whilst on tourist visa in Canada and I entered Canada on 6th oct 2009 and was granted stay for six month till 5th april 2010..

My wife and I Sent my application (in Canada Family Class) on 20th feb 2010 and it was received on 23th feb in Vegreville Canada. With my PR application i also applied for change of condition (initial work permit).

We called the immigration office to find out how long would it take for the application to be processed and were told they are processing applications received on sept 2009. We decided that i should leave Canada and apply from London England as its way quicker. So i left Canada on 1st april 2010 and came back to UK. We still need to send them a letter to cancel the application so that i can apply from England.

I am a Pakistani citizen living in England on a post study work permit which expires on 26th sept 2010. If i apply for my immigration from here and it takes longer then 4-5 months then i am in trouble as my work permit would expire and i would have to leave England or extend my work permit.

So I went on the Immigration website section application processing times: it says they are processing application for sponsorship received up to 8th feb 2010 in Mississuaga and takes 53 days to process.

And work permit application for condition to change (which applies to me) they are on 29th Jan 2010 and takes 55 days

For permanent residence application: they are on 26th sept 2009 and processing time is 6 months.


These are my questions:-

1) I would like to know if they process 1st part of the application for sponsorship in Mississuaga for everyone including Inlanders. Because i sent my application to Vegreville and every time i go to the website to check for the processing time for in Canada class it only shows sponsorship application processed in Mississauga. So i am assuming they process all the sponsorship applications there including in Canada class. But i want to be sure on this.

2) Will they process my sponsorship application 1st at Mississuage office and then work permit and then PR application.

3) Considering my visa status in UK should i apply from here or i shouldn't cancel my application in Canada and go back because i still have my tourist visa valid for Canada Valid until 4th Oct 2010.

4) If i go back what sort of difficulties i might face.

5) And finally, If i plan to go back to Canada then do i have to keep extending my visit visa until all my application is processed so that i stay legal.

Please advise me as i am very stressed out.

 

[matthewc]

1. No, for inland applications, both the sponsorship + PR applications are processed together at Vegreville. For outside Canada applications, the sponsorship is processed in Mississauga, and the PR application processed at the visa office outside Canada.

2. It is not possible to transfer between inland and outside canada applications. As it stands, they will process your application at Vegreville. If they then find out you are not in Canada, the application will be refused.

3. You can only apply through London if you've been legally admitted to England for more than 1 year. If you have a multiple-entry visa that will let you back into Canada, and you can get back into Canada before they realise you're not here, then the application you've already filed through vegreville can still be approved. However, you contradicted yourself - when is it valid until, 5th April 2010 or 4th Oct 2010?

4. If you don't have a multiple-entry visa for Canada, or it's no longer valid, you will have difficulties getting another one, especially once they realise you have an inland PR appliation in process - a request for a new TR visa is almost certain to be denied. Even if your existing visa is multiple-entry, and still valid, if you're not actually entering for the reason you were given the visa originally, you could have difficulties.

5. If you applied for the OWP at the same time as the inland PR application, then if you manage to get back into Canada, you don't need to extend your status, as the OWP application covers that.

 

[alibaba]

Thank you so much Matthew for your reply.

My TRV is a multiple entry visa and valid till October 2010.

1) Do you think i can go back to Canada on my existing TRV and pursue my Inland PR application?

2) I have been living legally in England for the past 6 years and 3 months, but my UK work permit expires on 26th Sept 2010. Do you think 4 months is enough to apply from UK. or else i would have to extend my visa in UK.?

3) I was thinking of canceling the Inland PR application by sending them a letter and apply from UK because its much quicker.?

4) if i choose to go back would they know on the port that i have applied for Inland PR application?

Thanks

 

[RobsLuv]

Actually, I think you have a number of options. You should be able to come back to Canada to pursue the inland ap if you want to - your multiple entry visa should get you back into the country without issue. But I suspect that the reason you're in the UK in the first place is because you want to be able to work - and you aren't going to be eligible to work in Canada until at least August. Thing is, there is a requirement of the inland process that you be resident in Canada with your sponsor in order to be eligible to apply that way - and if you stay in the UK to work, technically you don't meet the eligibility of the process and you could lose the ap if they find out.

I think you have a better option than London and that's Buffalo. I believe I'm correct in thinking that your multiple-entry visa makes you eligible to use your Canadian address as your residential address, even while you're in the UK, and apply outland through Buffalo. Because there is no residency requirement with an outland application, that would enable you to stay in the UK and work and then, if your visa there expires, come back to Canada without affecting the processing of the PR application. Keep in mind that, if an interview is required, you'll have to attend in Buffalo - and, you're going to have to wait until the inland PR application is withdrawn before you can submit the outland ap. You'll also probably have to pay new fees (except for the $490 RPRF) and get new criminal clearances, and you may have to redo your medical. Chances are you won't be finalized much before the inland ap you already submitted would be done (as long as your case is straight-forward) but the inland process means you've got to come back to Canada and that means you can't work until August, at least.

Ultimately, as I said, you have some options . . . hopefully someone will correct me if I'm wrong about Buffalo. If I am, then you could still process via London, but it would be more important to get your visa there extended . . . and if you don't, then your ap would probably be transferred to Buffalo (which was what made me think you're probably eligible to be processed from the start via Buffalo).

 

[jaune]

RobsLuv,

May I ask why someone who has a multiple entry visa would be able to enter Canada without issue while having an inland application in process but someone who is from a VISA exempt country would risk being refused when they re-enter Canada while having an inland application in process? isn't it the same thing?

 

[alibaba]

Robsluv Thanks for your reply.

I can't apply from Buffalo because i don't have US Visa.

I think you are right when you said that my inland application will be faster than outland because of paper work, police clearances, medical etc. And they they would only be able to cancel the application once it comes up for processing. So that can take a while from now and i think i am better off sticking to inland application. But i am concerned if they let me back in.

I am hoping that they would let me back in because they probably don't have any record of my inland PR application at the port yet because it still in the pile and haven't been processed yet.

I would appreciate if someone could advise on going back and how soon i should go back.\

Many thanks

 

[whoopi83]

alibaba - just a note here; if you go through London it is more than likely that you will be called for interview. Unless you are a UK passport holder/citizen, London appear to interview almost everyone non British. Look up some posts from syedd and beans who have been waiting some months for an interview date. IMHO I think it will take you longer to go via London - the wait for interviews is sometimes 6+ months; return ASAP and continue inland is my 2 cents.



Robsluv has given you good advice above - you don't need to have a US visa, you only need to have been legally admitted to Canada for 12 months.

 

[matthewc]

jaune, the difference is that a FN with a multiple entry TRV has already established, in CIC's eyes, their legitimate temporary reason for visiting Canada. If CIC realises they have a PR application in progress, then they have a clear case of "dual intent", as their reason for visiting was already established before hand. When they arrive at the PoE, the IO will look at the TRV, and (most likely) not ask many more questions about the reason why they want to enter Canada.

A visa-exempt FN on the other hand, has to establish (verbally) the reason why they are visiting. Since they haven't been authorised to travel to Canada up front, there is a risk of greater scrutiny (in my opinion) if there is any indication of the PR application.

It's a somewhat subtle distinction, and you're right that the situation isn't very different, in that if the IO has doubts about the reason you're entering, you'll get referred to secondary and there's a risk for sure, but that piece of paper in hand that authorises re-entry is worth a lot in CIC's eyes, and even if they ask about the PR application, you can say "yes, I plan to stay permanently eventually, but the reason I am entering now is to continue the work/study on my TRV". That is clearly legitimate dual intent.

A multiple entry TRV holder would definitely be subjected to additional scrutiny if there isn't much time left before the TRV's expiry.

 

[jaune]

I see. Thank you Matthew.

So, a TRV is actually a work/ study permit or multiple entry visa for visitors who are not from visa exempt countries, right? They can enter Canada without issue by showing their TRV ONLY IF the IO doesn't realise that they have an inland application on the system, otherwise the risk would be the same as a FN visitor from a visa exempt country who is in the same situation, did I understand correctly?

 

[beans]

Hello,
I don't think it's a smart way to apply from CIC-London when your visa will be expiring in next 4 months. What you will do after 4 months you can not extend this PSW visa and it is not easy the UK ba will give you student. If you will try to go back on student from the current status the situation is UK BA office will inform you to go back to your country to get extension on student. HSMP rules also changed from 6th of april. The only right way left to file this application from ISB. When you can't renew your visa. My case is with CIC-London since past 10 months and it was a straight forward case. They are taking interviews from Pakistani nationals. One more information is CIC-london takes up to 8 months (just for interview queue) if they require your interview. I myself waited 8 months in the queue of interview with CIC-London. Don't put all eggs in one basket !! Apply from CIC-ISB they will take time but in the end result you will get it what you want.

Best of Luck

 

[alibaba]

Hi Guys,

I am still in UK and going back on 1st June as i have some work here. Also I haven't heard from CIC yet and i can't log into ecas.

I am stressing out because they might start processing my application before 1st June and put my passport number on the computer at the airport. I am worried they might question me a lot at the border.

Any Advise would be appreciated.

Cheers

 

[iarblue]

Go to Canada before they find out your gone or they will shread the application.When you TRV is 1 month from expire send in the request to extend it.

 

[lindz]

Hi Alibaba,

I am just wondering, you got married on a tourist visa. What did you tell them when you arrived in the country? That you were there for a holiday, to visit fiance' or get married?

Thanks

 

[alibaba]

Go to Canada before they find out your gone or they will shread the application.When you TRV is 1 month from expire send in the request to extend it.

I don't need to apply for an extension as i have applied for OWP with my application.

 

[alibaba]

Hi Alibaba,

I am just wondering, you got married on a tourist visa. What did you tell them when you arrived in the country? That you were there for a holiday, to visit fiance' or get married?

Thanks

I went on a Multiple Entry Tourist Visa, and i told them i was visiting my GF and would be staying for 2 months.