HELP! visitor visa to working visa, where to apply?

[abisehiyo]

Hi everyone, anybody might have an experience or expertise with this.
My situation is, I came to Canada on a work visa for 2 years, I got married to a Canadian last year, submitted an inland spousal application dec 2010 before the work visa expired, got a 6-month visitor visa good until June 2011. Now, I found an employer with positive LMO. I submitted an application for work visa in Vegreville 2 weeks ago. Called the call center today, she said it will be possibly denied since I was on visitor visa and I should be applying outside canada visa office instead at Vegreville. I withdrew the application for my work visa now. I am so confused. Is the agent right? Should I be applying outside Canada? (I looked at Manila time line, OMG 15 months, I will have my AIP then). Please help. Thanks.

 

[rjessome]

Hi everyone, anybody might have an experience or expertise with this.
My situation is, I came to Canada on a work visa for 2 years, I got married to a Canadian last year, submitted an inland spousal application dec 2010 before the work visa expired, got a 6-month visitor visa good until June 2011. Now, I found an employer with positive LMO. I submitted an application for work visa in Vegreville 2 weeks ago. Called the call center today, she said it will be possibly denied since I was on visitor visa and I should be applying outside canada visa office instead at Vegreville. I withdrew the application for my work visa now. I am so confused. Is the agent right? Should I be applying outside Canada? (I looked at Manila time line, OMG 15 months, I will have my AIP then). Please help. Thanks.

The agent was right. But you don't have to apply through Manila. You can apply through the closest overseas consulate which is probably Seattle. However, if an interview is requested, you will have to be able to travel to the US. But if you were already a TFW in a similar position in Canada and submit proof of that, an interview is not likely (although not impossible).

 

[abisehiyo]

The agent was right. But you don't have to apply through Manila. You can apply through the closest overseas consulate which is probably Seattle. However, if an interview is requested, you will have to be able to travel to the US. But if you were already a TFW in a similar position in Canada and submit proof of that, an interview is not likely (although not impossible).

Thank you for the quick reply. But also what is bothering me is, since I applied INLAND spousal application, most likely it is really not recommended to go out Canada. I am just worried that if that happens, our application will be void or denied. Is Seattle the quickest processing? So, if I send it there, I should also start applying for a visitor visa for US?

 

[rjessome]

Thank you for the quick reply. But also what is bothering me is, since I applied INLAND spousal application, most likely it is really not recommended to go out Canada. I am just worried that if that happens, our application will be void or denied. Is Seattle the quickest processing? So, if I send it there, I should also start applying for a visitor visa for US?

In the situation you describe, the only way your inland spousal application will be denied is if you cannot return to Canada for processing. Processing times for work permits in Seattle are listed here. http://www.cic.gc.ca/english/information/times/temp/workers.asp#west

You would need a valid visitor's visa to the US as well as a valid visa for Canada as I'm assuming you are not visa exempt from either country. How likely do you think you would have to be interviewed?