applying for open permit

[wrandy]

Would I be able to apply for open permit while waiting for my sponsorship papers? Its been about a yr that i havent worked because nobody wants to process my work permit. We applied for sponsorship outside canada without knowing that with an inland application, i could have applied for an open premit and it is actually even faster processing. the Buffalo office wrote us that there will be an interview and we are waiting for more than a month for that interview schedule. If we would have known, inland application is less hasel. We wouldnt have to fly to Buffalo for 8 hours just for an hour interview or even less. Considering the time money and effort to go to Buffalo for that interview, it would have been easier if its an inland....--we would just drive to Vegreville and it would also be much faster.... sigh!!!!

 

[RobsLuv]

Don't believe for a minute that inland is "actually faster processing" - it's almost never the better option for applying, especially if you're from the States. Inland first stage approval (and the ability to apply for an open work permit afterwards) takes at least six months, and that's only when there are no issues with your application, and then it's another 6-12 months before you're finalized. But if Buffalo has requested an interview, your inland application would have been subject to that, too, and it would not have happened in Vegreville. They would have transferred your application to the local CIC office closest to where you're staying and, if that office is busy (most of them are) you could have ended up waiting for up to two years (without first stage approval or an OWP) before you finally got your interview. In addition, if the application was refused, your sponsor would have no right to appeal the refusal and you'd be out of Canada - having to start all over again (if you could overcome the reason for refusal) with an outland application anyway.

Seriously, you did not make a mistake applying outland. Are you processing through Buffalo because you're from the States? If so, which State? And do you have any idea why Buffalo has requested an interview? When did your application get to Buffalo?

To answer your original question, though: no, you're not eligible to apply for an open work permit when you have an outland application in process but you do, at least, have the option to go home and work without affecting the processing of your PR. That's something you wouldn't be able to do if you had applied inland. Hopefully, once we know a bit more about your particular situation, we can give you some information that will help you know how much longer you might have to wait to have permanent status.

 

[wrandy]

-Ok. So I really dont have a choice but wait for the application (if approved) so I could work?
-Its just that I havent worked for a while and bills are comming through. I couldnt accept any job 'under the table' coz i dont want things to get complicated.
-Me and my wife are here in Edmonton, Canada but both from Philippines.
-My wife is a citizen and I have been a contract worker for more than 3 yrs now.
-We got married Aug of 2009 but weve been together before that.
-We chose Buffalo over Philippines because we thought Buffalo would be faster considering Canada immigration is prioritizing those applicants that were affected by catastrophe's.

-We forwarded our sponsorship application in early Dec.
-Everything went faster until we received the letter to be scheduled for interview.
-We have been 'on waiting list' since late January.
-We are both trying to keep a clear schedule in case they will let us know the schedule of our interview.
-Since I am under work permit, I would have to apply for a visa to enter US.
-I heard that it will take at least a month to get a visa or at least to schedule to apply for visa.

-I wish Buffalo immigration will give us a least a few weeks notice so we could schedule things ahead of time.

 

[RobsLuv]

I'm not sure what to tell you to do - you probably won't get a whole lot of notice about the interview . . . I don't really know what's customary, hopefully someone else who's actually had an interview in Buffalo could tell you. And I suppose, in order to apply for a visa for the States, you need to be able to pin down pretty much at least the month, if not the week, that you intend to enter. Do you have any idea why they requested an interview? Too bad Buffalo is processing when it's going to be such a hassle to get a visa to go there. You could always ask to have the file transferred to Manila. Their timeline is the same as Buffalo's. Is it possible that your temporary status document for Canada might have some bearing on entering the USA?

You might have your wife try contacting her MP's office and see if they can get Buffalo to give you some idea of when the interview might happen. If they explain that you want very much to comply with a request to attend, but you need time to secure a visa to the States, maybe they'll be able to get them to cooperate.

Best of luck to you.

 

[matthewc]

This is actually a classic trip-up people can hit when taking advantage of the "option" for the application to be processed in Buffalo when the applicant is already admitted to Canada for a year or more on temporary status. If you're not visa-exempt to the USA, it's a very bad idea to go for that route, because there is absolutely no guarantee that you'll be able to get the visa to the USA, and attend an interview in Buffalo if an interview is required.

Nothing to add but "good luck", and a reminder to other people to watch out for this pitfall.

 

[wrandy]

Buffalo is requesting a personnal interview... it just says initial analysis has been completed and that a personal interview is required... so not a clear reason for me...

If i will request for a transfer to Manila, will that delay my application process?

I still have my permit will Nov 2010, im kinda worried that I would have to exit when I dont have the result at that time. Leaving my wife to deal with bills, rent... and everything....

This will be my first time to enter US... what does "not visa-exempt to the USA" mean? -Should I wait for the interview dates or should I call immigration to request for my application to get transfered?

If I show the letter request for an interview when I apply for US visa, do you think they would be able to help me get the entry?

 

[matthewc]

I don't believe you can request transfer of the file to Manila.

Citizens of some countries do not require a visa to visit the USA. That is what I meant by visa-exempt, although for the USA, technically it's called "visa-waiver":

http://en.wikipedia.org/wiki/Visa_Waiver_Program

I don't think you can apply for the US visa until you know when you want to go there. I'm not sure though. You should read here, or ask at the US embassy in Canada closest to you (if there is one close by):

http://travel.state.gov/visa/temp/types/types_1262.html

Yes, showing the letter with your interview date from Buffalo will definitely be needed when you apply for the US visa.