INLAND APPLICATIONS 2013

[computergeek]

Out of curiosity, how is it that you know so much about Immigration Computergeek? You don't have to answer really, I'm just amazed by your knowledge on the topic. Thank you for all the help!

I read a lot. I've applied for two work permits, two PR applications (first one refused on A38 grounds that we challenged in Federal Court), and a TRP. I've also learned quite a bit by reading people's cases here and communicating with some people privately. I've even met someone from this forum in person.

Fortunately, I have a good memory.

 

[LaylaLala]

I can tell! Haha I wish I had such a good memory. Thank you once again for taking the time and helping everyone with the knowledge you have gained over the years.

I read a lot. I've applied for two work permits, two PR applications (first one refused on A38 grounds that we challenged in Federal Court), and a TRP. I've also learned quite a bit by reading people's cases here and communicating with some people privately. I've even met someone from this forum in person.

Fortunately, I have a good memory.

 

[jiggyzealous]

I don't know why Geek doesn't become an immigration officer or consultant. He has immense knowledge on all classes of immigration. I speak to him privately and sometimes I wonder if he thinks me disgusting for asking all my stupid questions but I trust his comments and insights

 

[Line.a]

But what proof does he have that he can still stay in Canada? he has only been granted 3 Months and at the end of the 3 months he would have to leave...

They stamp your passport with the date you have to leave, so what happens if you just still stay here??

I think if you re-enter Canada and they notice you didn't leave on the exact date I imagine they wouldn't be happy due to technically your staying in Canada Illegally?

I know the main issue with Implied Status, is that they don't give you any letters or proof, if only EVERYONE was sent a letter then that's clear evidence you can just continue and stay in Canada

I'm sorry... But doesn't it seem a little unfair if I applied for my permanent residence inland and would have to leave an re-enter and risk it all being gone? That's a little heartless to say. I extended my stay so I got it sent by mail.. I just didn't fully understand why I was granted 3 months and not 6!

 

[Line.a]

I read a lot. I've applied for two work permits, two PR applications (first one refused on A38 grounds that we challenged in Federal Court), and a TRP. I've also learned quite a bit by reading people's cases here and communicating with some people privately. I've even met someone from this forum in person.

Fortunately, I have a good memory.

I must say its very good to have someone like you who can come up with good answers.
Without help from you guys on this board I probably wouldn't have been where I am today, so I am very thankful for that!

 

[computergeek]

I'm sorry... But doesn't it seem a little unfair if I applied for my permanent residence inland and would have to leave an re-enter and risk it all being gone? That's a little heartless to say. I extended my stay so I got it sent by mail.. I just didn't fully understand why I was granted 3 months and not 6!

You can submit a privacy act request for your electronic case notes - that should tell you why the VO only granted you three months. I agree it seems peculiar, but officers are given very broad discretion.

 

[Line.a]

You can submit a privacy act request for your electronic case notes - that should tell you why the VO only granted you three months. I agree it seems peculiar, but officers are given very broad discretion.

Really, do you know where I can get that from? And does it cost any?

 

[computergeek]

Really, do you know where I can get that from? And does it cost any?

It is free for anyone present in Canada requesting information about their own file. You can do it online (https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en) or you can download the paper forms from the CIC website (search for "privacy") and submit those.

 

[Line.a]

It is free for anyone present in Canada requesting information about their own file. You can do it online (https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en) or you can download the paper forms from the CIC website (search for "privacy") and submit those.

Thank you very much I'll definitely get that done.

Also.. This may sound like I don't listen well but I'd really like to be sure what I'm doing:

So the visitor record I got sent to me by mail is valid until August 9th so I'd real have to take action ASAP!

So according to you I don't need to renew/extend my stay another time just to cover up from the 9th and beyond? Because they write with big letters on the back of my visitor record: apply at least 30 days before the current one runs out

And I'm sure to be granted pretty much, right?

Sorry for taking up your time, but I'm sending myself into a little stress mode right now, I really appreciate your help!!

 

[computergeek]

Thank you very much I'll definitely get that done.

Also.. This may sound like I don't listen well but I'd really like to be sure what I'm doing:

So the visitor record I got sent to me by mail is valid until August 9th so I'd real have to take action ASAP!

So according to you I don't need to renew/extend my stay another time just to cover up from the 9th and beyond? Because they write with big letters on the back of my visitor record: apply at least 30 days before the current one runs out

And I'm sure to be granted pretty much, right?

Sorry for taking up your time, but I'm sending myself into a little stress mode right now, I really appreciate your help!!

You have a pending OWP application, right? That is enough to give you implied status. That means you don't NEED to apply for a visitor extension. You didn't need to apply for the one you have now.

If you wish to extend your visitor status you can certainly do so. Just make sure they receive it before the current one expires (the thirty days is CIC's attempt to get you to apply early, but the law says they have to receive it by the time the current one expires.)

If you are really concerned, call the call centre or speak with an immigration attorney. I'm not an attorney and if my advice turns out to be wrong, you're the one that pays the price. I do try to always give correct advice, based upon my understanding of the law, but I (and anyone else on here) can be wrong so if you are unsure, do your own due diligence.

 

[Jamesdavid3]

But what about Implied Status under a IEC Working holiday Visa?

Can you still continue to work under Implied Status if your IEC is running out soon but you have already submitted your Open Work Permit and PR application?

I have been told I can legally still continue to work while I wait for my Open Work Permit to arrive?

 

[Line.a]

You have a pending OWP application, right? That is enough to give you implied status. That means you don't NEED to apply for a visitor extension. You didn't need to apply for the one you have now.

If you wish to extend your visitor status you can certainly do so. Just make sure they receive it before the current one expires (the thirty days is CIC's attempt to get you to apply early, but the law says they have to receive it by the time the current one expires.)

If you are really concerned, call the call centre or speak with an immigration attorney. I'm not an attorney and if my advice turns out to be wrong, you're the one that pays the price. I do try to always give correct advice, based upon my understanding of the law, but I (and anyone else on here) can be wrong so if you are unsure, do your own due diligence.

Yes I applied for an extension separately and an OWP along with my inland Common-law application.

Thank you so much for you honesty, it seems like you're pretty correct on it. I'll have my better part looking at it and see what he says and then I may or may not call them to confirm it. I mean I can easily extend it I guess, but if I can save the money and not being able to extend it legally then that would be perfect. Thank you once again

 

[Line.a]

But what about Implied Status under a IEC Working holiday Visa?

Can you still continue to work under Implied Status if your IEC is running out soon but you have already submitted your Open Work Permit and PR application?

I have been told I can legally still continue to work while I wait for my Open Work Permit to arrive?

I guess that's kind of a grey area, I have heard about some doing it but I believe it's not allowed. I had my IEC before I applied for PR and went into implied status and stopped working. I would recommend you not to!

 

[hockeyfan]

But what about Implied Status under a IEC Working holiday Visa?

Can you still continue to work under Implied Status if your IEC is running out soon but you have already submitted your Open Work Permit and PR application?

I have been told I can legally still continue to work while I wait for my Open Work Permit to arrive?

Hey James,

It's not recommended to continue working on your IEC work permit according to this forum as a poster above said it is a grey area and IEC visa's are not extendable therefore cannot be renewed. It is up to you to decide to continue working or not.

 

[computergeek]

I guess that's kind of a grey area, I have heard about some doing it but I believe it's not allowed. I had my IEC before I applied for PR and went into implied status and stopped working. I would recommend you not to!

I cannot find anything in IRPR that calls out anything special about IEC work permits. Thus, it seems a reasonable interpretation of the law and regulations that one can continue working. However, if you want to be certain, get an opinion letter from an immigration attorney. If she or he will give you a letter stating that this is a reasonable interpretation of the law no one would be able to fault you for following that advice.

Similarly, if you can get someone from CIC (like the call centre) to say the same thing in writing then you're fine. Otherwise, you're making an argument that this interpretation of law is the correct one. It's probably enough to avoid criminal issues, but probably not enough to have CBSA deport you if they disagree.