Family Sponsorship & extending my work permit

[clarence80]

Hello

Im wondering if anyone can offer any advise or is/has been in a similar position...

Im here on an IEC work permit, from April 2013 and it expires in April 2015. My then fiancee is Canadian and we applid for the family PR in June this year, and I received an email saying it was accepted, gave me the application number etc so we were prepared for the long wait. We got married in July so I called the call centre to ask about forwarding our wedding certificate. While I was on the phone with the lady my work permit came up, and the lady explained I should have sent a work permit extension along with the PR app.

Confused about this, my wife and I checked all our docs and the application and could see anything about it. This was all in August so I called again and ask the guy at the call centre to show me where it was on the app or on the website. After 25 mins on hold, he told me it is there, but was hard to find and he had to get his manager to help him locate this info. He advised I sent a cover letter explaining the situation about not knowing about the work permit, along with the work permit app and the wedding docs. He said normally we have to wait until first stage approval before sending the work permit app if we didnt originally send it with the PR app. So we send everything right away in August.

My work permit expires in april 2015, and due to the 13 month processing time for first stage approval, it would me July until I could apply for the work permit. I called the call centre this moring to see if it was received or if there was an update on it. After explaining my situation and the cover letter etc, she told me it was likely to be declined, and to wait until January 2015 to call back, as they dont have any record of receiving the cover letter, work permit app or wedding certs. I again asked her to find where i could get the info on sending the work permit app with the PR app, and she put me on hold for 20 mins, came back and told me it doesnt actually say it anywhere on the webiste, or on the app. They have it on an internal email that if someone sends both together, as a favour, they will process both at the dame time. If not then we have to wait for first stage approval. Again she told me to wait until January to see if my work permit is accepted. I really dont think it will be.

Im really frustrated at how this has turned out, as its looking like i wont be able to work from April until i get my first stage approval and apply for my work permit, which wont be approved until August/September. If id known about this Id have sent the work permit app no problem, i=and it just seems like ive been lied to for the last 5/6 months about this.

So basically, if youve bothered to read all that ;D, id appreciate if anyone whos had a similar experience or who has advise advice could let me know what my options are at the minute.

Thank you!!!

 

[kiwi123]

Where are you from? It maybe worth your while withdrawal long your application and applying Outland.

 

[clarence80]

Im from Ireland. It is an option but it would mean we would have to leave our jobs here, which we really like, then go and live there for a while until its approved. My wife would then have to apply for a visa to work over there etc and that be alot more hassle.

Thanks for the suggestion though!

 

[scylla]

Im really frustrated at how this has turned out, as its looking like i wont be able to work from April until i get my first stage approval and apply for my work permit, which wont be approved until August/September. If id known about this Id have sent the work permit app no problem, i=and it just seems like ive been lied to for the last 5/6 months about this.

Even if you had sent the open work permit with your original application - you'd still be in effectively the same situation (i.e. unable to work for several months) since IEC visas cannot be extended and therefore don't benefit from implied status. If you want to continue working past the expiry of your IEC, you would need to have a new work permit in hand before the IEC expires (this would involve having your employer get an approved LMIA and then applying for a closed work permit yourself).

You should withdraw and apply outland. You can apply outland while living in Canada. There's no need for you to leave.

 

[Kayaker]

Outland application does not mean you have to be outside Canada. The main differences between Inland and Outland for you now are:

- you indicate that it is an Outland application on your forms (choose London as your Visa office for processing Stage 2)
- will probably get PR and land next summer, instead of waiting until August 2015 or later for your Stage 1 approval, then late 2016 for PR.

 

[clarence80]

Even if you had sent the open work permit with your original application - you'd still be in effectively the same situation (i.e. unable to work for several months) since IEC visas cannot be extended and therefore don't benefit from implied status. If you want to continue working past the expiry of your IEC, you would need to have a new work permit in hand before the IEC expires (this would involve having your employer get an approved LMIA and then applying for a closed work permit yourself).

You should withdraw and apply outland. You can apply outland while living in Canada. There's no need for you to leave.

Hey there, sorry, it was actually an open work permit that the call centre told me I need to apply for because you're right my IEC can't be extended

I was told this would have been in force from when my IEC expired until I got my PR

It just seems like I'm being told different info from each call centre rep i speak to

 

[clarence80]

Outland application does not mean you have to be outside Canada. The main differences between Inland and Outland for you now are:

- you indicate that it is an Outland application on your forms (choose London as your Visa office for processing Stage 2)
- will probably get PR and land next summer, instead of waiting until August 2015 or later for your Stage 1 approval, then late 2016 for PR.

That's interesting, I thought you had to be outside of Canada for this. I've lived in a few different countries though and getting police checks etc tools months when I applied for the family PR the first time, so I'd have to do it all again

 

[canuck_in_uk]

I again asked her to find where i could get the info on sending the work permit app with the PR app, and she put me on hold for 20 mins, came back and told me it doesnt actually say it anywhere on the webiste, or on the app.

Call centre reps are often wrong; it's best not to go off of what they say. There is an explanation on the CIC website about submitting an OWP with an inland PR app, here it is http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/inland.asp.

I was told this would have been in force from when my IEC expired until I got my PR

Incorrect. As IEC permits don't benefit from Implied Status, you would not be able to continue working once your IEC expired and would need to wait for the OWP to be approved. Here's a good explanation http://www.canadavisa.com/canada-immigration-discussion-board/recent-unread-topics/-t177162.0.html;topicseen.

 

[Kayaker]

That's interesting, I thought you had to be outside of Canada for this. I've lived in a few different countries though and getting police checks etc tools months when I applied for the family PR the first time, so I'd have to do it all again

Yeah, police checks are a massive headache!!!

Well, now that you know, you could weigh the pros and cons and decide whether to continue with your Inland application, or to withdraw and apply anew with an Outland application.

London VO seems to be one of the quickest VOs now, lots of people with straightforward applications (no issues like criminal inadmissibility, non-accompanying children, insufficient relationship proof etc.) are getting PR in about 6 months, some earlier.

In either case (whether you continue with Inland or submit again Outland) you will have to stop working once your IEC expires in April... tough choice, I know! (Personally I would choose to re-apply Outland, if it is possible to get these police checks again within 2 or 3 months.)

 

[clarence80]

Call centre reps are often wrong; it's best not to go off of what they say. There is an explanation on the CIC website about submitting an OWP with an inland PR app, here it is cic.gc.ca/english/resources/tools/temp/visa/validity/inland.asp.


Incorrect. As IEC permits don't benefit from Implied Status, you would not be able to continue working once your IEC expired and would need to wait for the OWP to be approved. Here's a good explanation canadavisa.com/canada-immigration-discussion-board/recent-unread-topics/-t177162.0.html;topicseen.

thanks for this. its probably exactly what I wanted to be told from the call centre but wasn't

if my iec expires in april. Could I apply for the open work permit then? or do I need to wait for first stage approval then apply?

 

[clarence80]

Yeah, police checks are a massive headache!!!

Well, now that you know, you could weigh the pros and cons and decide whether to continue with your Inland application, or to withdraw and apply anew with an Outland application.

London VO seems to be one of the quickest VOs now, lots of people with straightforward applications (no issues like criminal inadmissibility, non-accompanying children, insufficient relationship proof etc.) are getting PR in about 6 months, some earlier.

In either case (whether you continue with Inland or submit again Outland) you will have to stop working once your IEC expires in April... tough choice, I know! (Personally I would choose to re-apply Outland, if it is possible to get these police checks again within 2 or 3 months.)

yeh I know, if I apply from outside this will be the 3rd time ive had to get all the documents haha its a nightmare

ive had a look at the website in the section about outland applications. It says "Person to be sponsored lives outside of Canada "

Can I still do this if ive lived in Canada since april 2013? and just to give a bit more background, I have actually been a resident in Ireland since dec 2011. Ive lived in NZ since then

 

[Kayaker]

It really doesn't matter where you are living to apply Outland. In fact, I believe at some point of the Inland application, CIC says people living in Canada can and should apply Outland.

Even if you apply Outland, you can put your Canadian address there, and show that you have been living in Canada since April 2013. This "outland" "inland" thing is totally your choice. It has nothing to do with your whereabouts or address, actually.


Inland applications seem to be full of nightmares. Wait times for stage 1 approval almost doubled, and I've heard that it took them a month to process a day's worth of applications... really shouldn't be an option for anyone except the truly desperate who are in Canada illegally. I wish CIC would clarify on their websites that Inland applications should be a last resort!

 

[kiwi123]

yeh I know, if I apply from outside this will be the 3rd time ive had to get all the documents haha its a nightmare

ive had a look at the website in the section about outland applications. It says "Person to be sponsored lives outside of Canada "

Can I still do this if ive lived in Canada since april 2013? and just to give a bit more background, I have actually been a resident in Ireland since dec 2011. Ive lived in NZ since then

Just a side note if you choose to change to Outland, I'm not sure if the NZ police check is one that causes you headaches but you don't get the actual certificate from NZ you just send in permission for CIC to obtain it on your behalf. Form is on CIC website, I am on my phone so can't post link. So there is no waiting for that one. You also don't need a Canadian one. You may have already known this though.

 

[scylla]

if my iec expires in april. Could I apply for the open work permit then? or do I need to wait for first stage approval then apply?

You won't qualify for an open work permit until you have first stage approval. Given current processing times, you're looking at September next year before you'll be able to apply.

 

[clarence80]

It really doesn't matter where you are living to apply Outland. In fact, I believe at some point of the Inland application, CIC says people living in Canada can and should apply Outland.

Even if you apply Outland, you can put your Canadian address there, and show that you have been living in Canada since April 2013. This "outland" "inland" thing is totally your choice. It has nothing to do with your whereabouts or address, actually.


Inland applications seem to be full of nightmares. Wait times for stage 1 approval almost doubled, and I've heard that it took them a month to process a day's worth of applications... really shouldn't be an option for anyone except the truly desperate who are in Canada illegally. I wish CIC would clarify on their websites that Inland applications should be a last resort!

I think im going to cancel my inland application. Is there first stage approval timeframe like there is for Inland? Its worded differently from the inland processing times, as it says 43 days for Step 1 Assessment of Sponsor, whereas inland it states Step 1 – Assessment of sponsor and person being sponsored 13 months, initial assessment.

Would I be right in thinking I can get the OWP after 43 days if I apply outland? Or am I reading this wrong?

Im just wondering about my IEC expiring im April, and whether I need to wait until the Outland PR is completely approved before applying for a work permit

Thanks for all your help by the way its a lot more info from the call centre