in or out PR application?

[carolinebox]

I'm a New Zealander currently living in Banff Alberta with my Canadian boyfriend. In September this year we will eligable to apply for a common law permanent residency. I currently hold a work permit which expires in November 2011. My concerns/questions are:
1. Should I apply for PR while still in Canada and wait the 18 month processing time, or should I go back to NZ and have it processed in only 44 days (this can't be right, surely??).
2. Do I need to apply for another work permit (open permit) because my current one will expire while the PR is still being processed.
3. Am I able to leave and re-enter the country on an open work permit while my PR application is being processed?
If anyone can help me it would be greatly appreciated.
Confused Kiwi

 

[CharlieD10]

1. You can apply outland (via NZ) while remaining in Canada. No, the process does not take 44 days, that part of the process is only concerned with the approval of your boyfriend to sponsor you. The rest of the application (approval of the applicant, you) will be processed in Sydney, Australia, (I believe) and according to the latest timelines, they are completing 80% of complete applications in 7 months. See here:

http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

You may also select Buffalo, USA to process your application, if you were initially admitted to Canada for more than a year. As a Kiwi, you are visa-exempt for entry into the US, so attending an interview there should not pose a problem, if one is required. Buffalo is currently at 11 months, but a majority of applicants are through in less than that.


2. You can apply for a new work permit, or apply to vary your status to visitor, citing your PR application as the reason for requesting the extension of your stay under a new status. Whatever you decide, you need to begin the process for renewal or change of status at least a month before the current one expires.

3. The OWP, like any other permit, does not guarantee re-admittance if you leave the country. However, if you have a current employer, you could try to get documentation showing you are still employed, and if your status is up to date you might stand a good chance of being re-admitted. However, that is NOT guaranteed. It's at the discretion of the border agent.

 

[carolinebox]

Thanks Charlie! This has helped tremendously. I really don't like the whole "iffy" re-entry thing but I guess you just got to take your chances when you leave and want to come back in. I didn't realise I could apply via NZ while still in Canada. Sounds like the quickest way to do it. Would I need to go to Sydney for an interview or anything?

 

[CharlieD10]

You always have the right to apply through the visa office responsible for citizens of your nationality, no matter where you are residing. IF you are requested to attend an interview, yes, it would take place there. However, if you present a complete application well-supported by evidence of a genuine relationship, it might not be necessary. According to CIC, because the Immigration system is a self-reporting one, interviews are the exception and not the norm. Interviews may be required where a visa officer has concerns regarding the genuineness of the relationship or its legal validity or both, in the case of spouses/partners.

 

[angelbrat]

If you are absolutely convinced you will get the LMO and new work visa when the old one expires, then apply Outland.

Otherwise, apply Inland, send the OWP application with the PR application. This will put you on Implied Status, when your work visa expires and enable you to continue working under the same restrictions your old work permit stated. You will also be legally able to live in Canada. You will not, however, be able to leave Canada at any stage during the process, which is currently taking 9 to 18 months.

Depending on how important it is for you to be working and/or stay in Canada, depends on which route you take.

 

[jon_dza]

Hi I am sort of the same situation as the confused kiwi...lol.

I am a Danish citizen currently living with my Canadian common-law partner in Calgary, Alberta. I am about to apply for PR status but can't decide weather to apply inland or outland.

If I apply outland I have about 4 1/2 months on my current work permit and then can probably get a 6 months visitors visa after that.

Inland of course I can stay in the country but can't work or travel till I get "approved in principle."

I would like to have as short a break in my work as possible so don't know which would better accomplish that.

If anyone has any advice that would be great.

P.S. When I went for my medical here in Calgary the admin at the desk was asking for a mailing address in my home country to put on the form. But I am living here in Canada and planning on staying. Does anyone know if you have to list an address for your home country or was she just being a pain?

JD

 

[kelKel]

I would advise for both of the above posters to apply through Buffalo. You've both been admitted legally to Canada initially for a year so you the right to do so. That way you don't have to fly back home if an interview is required as previously mentioned.

My bf is German citizen who was on a work permit and we went through Buffalo with a common law application and were approved in less than 5 months.

 

[CharlieD10]

I agree with Kelkel, you can both apply through Buffalo. The timeline for most persons on this forum going through that office is less than 11 months, in spite of what the guideline says. Since you are both visa-exempt for the US as well, IF there is an interview, you won't have to go far for one, and with a decent application, it can be waived.

 

[rjessome]

If you are absolutely convinced you will get the LMO and new work visa when the old one expires, then apply Outland.

Otherwise, apply Inland, send the OWP application with the PR application. This will put you on Implied Status, when your work visa expires and enable you to continue working under the same restrictions your old work permit stated. You will also be legally able to live in Canada. You will not, however, be able to leave Canada at any stage during the process, which is currently taking 9 to 18 months.

Depending on how important it is for you to be working and/or stay in Canada, depends on which route you take.

I do not agree with this. Inland applications need more consideration than just the work permit. There is no right of appeal if refused. If it is transferred to the local CIC office, it can take years to complete. And also, not leaving Canada while in process is a RECOMMENDATION, not a RULE. If you are visa exempt, have an application in process and can prove that at the POE when you try to re-enter Canada, you will normally be allowed back in. However, if you are from a non-visa exempt country, you must have a valid TRV to try to leave the country. That's where the real issue is. It's very difficult to get a new TRV for non-visa exempt individuals when they have applied inland.

 

[angelbrat]

I do not agree with this. Inland applications need more consideration than just the work permit. There is no right of appeal if refused. If it is transferred to the local CIC office, it can take years to complete. And also, not leaving Canada while in process is a RECOMMENDATION, not a RULE. If you are visa exempt, have an application in process and can prove that at the POE when you try to re-enter Canada, you will normally be allowed back in. However, if you are from a non-visa exempt country, you must have a valid TRV to try to leave the country. That's where the real issue is. It's very difficult to get a new TRV for non-visa exempt individuals when they have applied inland.

Thanks rjessome.....I forgot about the appeal process....or lack of it Inland.

I was thinking more along the lines of waiting in Canada as a visitor without working or medical care during the process. As this was important to me, meaning I needed to work and have medical care especially for my son, the gray area of Implied status was important to me. I also forgot about the interview possibility, again, as I didn't need one and kind of always assume no one else does either, did not take this into consideration.

As for leaving Canada, I was far too scared to even cross the border for a day. Even now, I would not advise anyone to leave Canada during the Inland process time but I am a wimp and getting my PR was far more important than anything else in my life at the time.

 

[rjessome]

Thanks rjessome.....I forgot about the appeal process....or lack of it Inland.

I was thinking more along the lines of waiting in Canada as a visitor without working or medical care during the process. As this was important to me, meaning I needed to work and have medical care especially for my son, the gray area of Implied status was important to me. I also forgot about the interview possibility, again, as I didn't need one and kind of always assume no one else does either, did not take this into consideration.

As for leaving Canada, I was far too scared to even cross the border for a day. Even now, I would not advise anyone to leave Canada during the Inland process time but I am a wimp and getting my PR was far more important than anything else in my life at the time.

I completely understand. You have to do what you feel comfortable with and for you, it wasn't worth the added stress to attempt to leave Canada and re-enter.

I also understand that all of you helpful folks are just trying to give advice based on what did and didn't work for you. That's fantastic, truly, and it's helped so many people on these forums. But, one of the key things to remember is that this is a very individual process. No two applications are the same and so the evaluation is not the same either.

One of the biggest decisions a person can make is whether or not to apply inland or overseas if they have those choices. The CIC website "implies" that if you and your partner live together in Canada, you should or have to apply inland. We all know that nobody "has" to apply inland and most really shouldn't unless there are extraordinary circumstances. Again, each situation is different but honestly, I've only recommended it twice in the past 3 years. There is really SO much to consider. Seriously, if a person was going to pay for legal advice at any stage of the process, this is really one area where I would say it's worth $150 - $200 to get legal advice. I've seen so many people get this decision wrong and suffer because of it. I've even seen my colleagues get it wrong in recommending it to their clients because they think Inland is so simple and don't consider all the possibilities. The importance of maintaining the work permit is certainly a factor but it is NOT the only thing to consider when making this decision.

I also ask people to consider the emotional toll on a relationship if an inland file gets transferred to a local office for a review. Add an additional 18 months to 2 years to the process, a rigorous interview of both parties, no ability for the applicant to change jobs if on implied work status, etc. Immigration is hard enough on a relationship when it all goes smoothly. It can be devastating and a deal breaker when it doesn't.

 

[jon_dza]

Hi Kelkel,

Apparently I can't send private messages so I have to reply here. First of all thanks for your advice I am now leaning towards applying outland now as well (though I have both sets of forms filled out in front of me as well ... lol)

About my application we lived together from May 2008 - to June 2010. At this time we were living with my gf parents in Jordan. Because we were with them at that time nothing was really in our name like the lease or the bills. We are getting her parents to sign a statitory declaration saying that we were living together as common-law partners during that time and are enclosing photos from that time.

From June 2010 to September 2010 we were traveling around Europe and living with my family in Denmark so once again we don't have any lease or bills from that time. We are enclosing photos and plane tickets from that time. (My family are all also signing declarations saying that they know we have been common-law for the last 3+ years)

Since September 2010 we have been living together in Canada and have the lease, bills, bank accounts, credit cards, joint tax returns, etc.

Was just wondering if that sounds good enough? This is my first time doing this so I don't really know what to compare to...lol.

P.S. What document did you forget?

 

[kelKel]

That's okay, its a frustrating process for everyone.

We didn't include a common law declaration. It's actually not required but sometimes they will request it. You fill it out and get it notarized.

When you were in Jordan did you have any mail (jointly or idividual) that was addressed to the same address, perhaps phone bills, bank statements, invitations? Anything to show you were staying at the same place?

Good idea to include plane tickets and passport stamps to prove you were travelling together and the more letters the better.

 

[jon_dza]

We don't really have any mail or anything from that time. At that we weren't thinking about coming to Canada. If we were we would have done stuff different. We used pre-paid mobiles, communicated with the outside world by email (no mail to our address) and our government issued ID had our work address' for both of us so that is useless as well.

We have also been living in the same city since 2007 so haven't needed to write each other (so no letters, emails or phone calls...lol)

I guess we can only do what we can do.

Just started going through my mail box and there are emails from 2006 before we lived together. (though they are very personal and embarrassing). Should I include them as well.

 

[kelKel]

I would include all that u can possibly think of. I mean if they're REALLY personal I would try to select the ones u feel comfortable having someone else read. You definitely want to show the progression of your relationship over time.

We practically lived together from the time we met so we did have Facebook messages we sent to each from work and emails. Stupid little I love you's ect. Whatever u can think of.

Also you when you write about the progression of how you met make sure you detail all of the information so they get a a clear picture.