Applying In-Land or Outland

[Jamesdavid3]

Hi All,

So I have been here on a IEC visa and I am currently in my 2nd year.

My IEC Visa expires on January 2014.

I do have a lawyer helping me with my PR Sponsorship, myself and my girlfriend have been living together for over a year as we are in the stage of doing our application and its nearly completed.

My Main issue is that I HAVE to keep working, I know If I apply Outland at the moment it's taking around 6-8 Months for everything to be completed - That wont really work for me as it will go over the January 2014 mark.

My Lawyer has said if I apply In-land he can also submit a Open Work Permit at the same time, so after the first stage which is around 6 Months? I will be able to stay in Canada and work, however as we know it takes a lot longer for my application to be processed which I don't really mind, as long as I can still stay and work

I'm really confused what way to take this, as Im worried If I do apply In-land and for some reason my Open Work Permit is rejected or something screws up I will have to wait the whole duration of this visa before I can work again which I hear can take up to 15months to process?! (What am I Supposed to do go home and leave my girlfriend for that long, i don't think so...), let alone I can only stay 6 Months In Canada as a Tourist...

Please help

 

[truesmile]

From what you have posted, I would say then go with an 'inland' application. As soon-to-be poster's will point out, the drawbacks are "you cannot leave Canada for the duration of the application" and "you have no right to appeal", the latter I cannot speak to in any detail.

 

[Jamesdavid3]

Thanks for the reply, can anyone else help

 

[amira_mais]

truesmile gave you good advice. Since your priority is to continue working and you don't mind the restriction to remain in Canada for the duration of the processing of your application, then inland is the way to go. If you can bolster your case with good supporting evidence of the development of your relationship, you shouldn't necessarily worry about the lack of appeal rights. Besides you can alway re-apply if need be (although obviously one hopes it doesn't come to that).

 

[Jamesdavid3]

So once I have applied In-Land I cant leave the country for the whole duration?

That doesn't make much sense as far as I know when the time comes to January 2014 I would have to leave the country due my IEC visa ending..

How can I just continue to stay here?

 

[Sweden]

Once you apply inland, you can't not leave the country. If you do and are refused entry (because the officer sees for example that you have applied Inland and decide to not let you in) then your application will be deemed abandoned, and you would have to start all over again.
If you apply Inland, and you include an OWP (open work permit) application, then you have implied status. So : you can work until January 2014 on your IEC visa. if you don't have your OWP by then, you have to stop working, but you can stay in the country under implied status. THen when the OWP arrives, you can start working again. Hopefully the OWP will arrive before the end of your IEC visa.

Some will advise you that filing inland will "extend" your IEC visa until the OWP arrives: it's not the case. Some agents at CIC will tell you the same, but IEC visa are not extendable, and so the "implied status" to keep on working doesn't apply - but it means that you can stay in the country without troubles.

Good luck,
Sweden

 

[Jamesdavid3]

Thanks Sweden,

great information and advise there.

Since I don't really mind about processing times would you recommend I go with the In-Land route as my most important thing is that I have to really continue working after January and I hoping I will have my Open work Permit before then If I apply soon?

There's no complications to my Application process at all, if anything it should be the quickest one to process! No Kids, Not Married, No Criminal Record etc.

I have my UK police check as well my Canadian one which include fingerprints and my Full Medical form complete also.

 

[Sweden]

Thanks Sweden,

great information and advise there.

Since I don't really mind about processing times would you recommend I go with the In-Land route as my most important thing is that I have to really continue working after January and I hoping I will have my Open work Permit before then If I apply soon?

There's no complications to my Application process at all, if anything it should be the quickest one to process! No Kids, Not Married, No Criminal Record etc.

I have my UK police check as well my Canadian one which include fingerprints and my Full Medical form complete also.

Outland through London is most likely faster than inland - see the spreadsheet in my signature. Most "uncomplicated cases" get processed in London in 4 to 5 months (my total process for 7 months: 3 months stage 1, last year the processing time was really long for stage 1, and 4 months stage 2). First stage outland is 1 month now, or even less. So potentially, you could have your full PR by the time you would get the Inland first stage approved. BUt of course - there are no guarantee for Outland timeline, or Inland for that matter. it might be 6 months now, but might go up - or down - in the next couple of months. The thing to keep in mind is: there is no way to guarantee that you will for sure be able to work after Janaury 2014, whether you choose inland or outland. a lot of things can delay, or speed up, your application. You can prepare your application as well as possible, include everything, and hope for the best.

I rarely see the benefits of inland for visa-exempt applicants, and the main issue with Inland is not being able to travel - not for vacation (and that's OK, Canada is big enough that you can take a vacation inside the country!) but also for family emergency etc... so that's something to consider.

so - it's your call! good luck either way!
Sweden

 

[Bright_skies]

Interestingly, an *extremely experienced* lawyer I spoke with told me after stage 1 approval inland it would be possible to travel. He said maybe they would question you a bit, but that you would not be barred from entering the country. Don't take this as my suggestion, but I thought I would pass it on. Has anyone else heard anything like that?

 

[Jamesdavid3]

I have heard this too, When I asked my Lawyer this same question he said I can still leave the country

 

[sbea026]

Hey

You have been given some great advice however I will add my experiences and maybe that can help you.

I arrived in March 2012 on a IEC Visa,
In September 2012 I sent my PR application "Inland"
In December 2012 I visited the USA and then returned to Canada showing my current IEC visa at the border.

In February 2013 I joined this forum and found out that if I applied for a OWP (which I did) I could continue working in Canada untill the CIC made a decision on my OWP application. This is called implied status and you keep it until you get a decision on your OWP application or leave Canada.

In March 2013 I passed stage 1 of the process and received my AIP letter.
In late March 2013 my IEC visa expired however I continued working with implied status as the CIC had not finished processing my OWP application

In April 2013 my Sister passed away in New Zealand so I had to go back there. I rang the CIC who informed me if I left I could re-enter Canada as a Visitor.
I left Canada for six weeks and "lost" my implied status, however while I was away my OWP arrived at my residence in Canada
In May 2013 I returned to Canada and informed the CIC at the Border that I was entering Canada to wait for a decision on my permanent residency application and that I had a current OWP.
New stamp in my passport and on my way I went.

So twice I have left Canada during my inland PR application and twice I have returned without issue. I did understand the risks but being for a Visa exempt country I saw no real issue as to why I couldn't leave Canada.

Hope this provides another point of view/experience.

 

[amikety]

Interestingly, an *extremely experienced* lawyer I spoke with told me after stage 1 approval inland it would be possible to travel. He said maybe they would question you a bit, but that you would not be barred from entering the country. Don't take this as my suggestion, but I thought I would pass it on. Has anyone else heard anything like that?

They don't automatically bar you from entering. I know of several people (all visa exempt) who left during Inland sponsorship and returned without an issue. However it's not recommended. It's taking a gamble with your application - all the time and money spent on it too.

If you are visa exempt, its likely you would be let back in - but no guarantee. A PR application tells the IO you plan to remain in Canada permanently, whereas a visitor, you're "visiting" and will leave.... so easy to deny if the IO decides.

 

[Jamesdavid3]

Thanks for all that information,

There is a lot of terms which I don't understand.

What is a AIP letter which you get at the 1st stage? Does that just state that since your at the 1st stage now your application will be forwarded on?

So when It gets to the stage in around 6 months time when I receive my confirmation that the 1st stage has been completed and I have received my OWP what do I do? By Law I have to leave Canada by Jan 3rd 2014 as my Visa ends. Do I just re-enter using my new OWP?

What happens when I do get my OWP by Mail?
My current SIN card expires the same time as my IEC expires will I have to go to the office, show them my new Work Permit and get a new SIN?

 

[sbea026]

What is a AIP letter which you get at the 1st stage? Does that just state that since your at the 1st stage now your application will be forwarded on?

Yes it also means if you are inland you can apply for medical insurance, after stage 1 that is when they start processing the OWP.

So when It gets to the stage in around 6 months time when I receive my confirmation that the 1st stage has been completed and I have received my OWP what do I do? By Law I have to leave Canada by Jan 3rd 2014 as my Visa ends. Do I just re-enter using my new OWP?

If you have "status" then you don't have to leave Canada. I called the CIC to confirm this.

My current SIN card expires the same time as my IEC expires will I have to go to the office, show them my new Work Permit and get a new SIN?

You keep the same SIN they will just issue you with a new card with the expiry the same as your new OWP. Once you get PR you need to get a new SIN that doesn't start with a 9.

 

[Jamesdavid3]

If I apply In-land and also submit my Open Work Permit at the same time as my Application for PR does below make sense and is it true?

My IEC Is expiring on January 6th 2014 and I was worried that I might not have my Work permit before my IEC expires as I HAVE to continue working.


"Even if you have not been issued the open work permit before the expiry of your IEC permit, you will still be able to work because you will have implied status, as provided by secs. 183(5) and (6) of the Immigration and Refugee Protection Regulations, which says that anyone who has submitted an application for a new work permit before the expiry of the old permit is allowed to work during the period between the expiry of the old permit and the issuing of a new work permit"