Inland PR application (under NZ passport) affected by UK IEC?

[Katie K]

Hi everyone,

I am currently in Canada on a one-year NZ IEC visa which will expire in April 2015. NZ and Canada have just agreed to extend the IEC visas to 24 months – but unfortunately for me, I don’t think that will happen in time for me to get it. Due to my circumstances, I can’t apply for a Federal Skilled Worker Visa either (due to inability to get a positive LMIA/LMO).

However, I am also a British citizen so understand I can apply for a UK IEC visa. I applied for my PR (family class – spousal sponsorship) in June 2014 under my NZ passport. It’s currently taking 14 months to get the first stage approval so unlikely to hear back until August 2014. So to avoid not being able to work for 4 -6 months and get visitor status, I thought the UK IEC could be the answer.

However, I’m now concerned that if I do get a UK IEC and subsequently leave on my NZ and return on the UK passport to get the IEC visa – then my PR application may be refused on the basis that I haven’t legal status under the NZ passport. I obviously can’t get a visitor visa on my NZ passport and an IEC visa on my UK one.

Does anyone know whether you can have legal status in Canada for the purposes of a PR application, you need to have that status under the passport you applied with? Or can you have status under your second passport?

Any help would be greatly appreciated!

Katie

 

[Rob_TO]

You can have legal status under either passport. Also legal status is not a requirement for PR approval.

It's really too bad you applied inland. An outland app through Sydney, London or Ottawa office would probably take 8-10 months or so tops to get your full PR status (possibly even quicker) and you could stay in Canada during the entire time and continuing to work under any IEC visa you have or can get. It may even be worthwhile to consider cancelling your inland app and re-applying outland instead.

 

[Kayaker]

Wouldn't it all be quicker if you withdraw your Inland application and re-apply Outland, through Sydney VO, which seems to be one of the quickest VOs, or through London, which also sees a very quick turnaround?

If you reapply now, you could very well get your PR by April 2015. Or very soon after that.

 

[Katie K]

I think I was just concerned that I may be requested to go back to NZ for an interview. (I think I was also just so confused by the CIC website and thought that I should apply inland – seeing as I was here!) They haven’t started processing my application (have only acknowledged its receipt) so if I did withdraw it and then reapply for outland I may be able to get a refund of the $500 – but I would want to check before withdrawing and resubmitting as outland.

The UK IEC is pretty competitive so withdrawing and resubmitting the application may be a better option. I’ll have a look at the process.

Thanks for the comments re: legal status – I was just concerned that if I didn’t get a visitor visa then they wouldn’t take my UK work permit as status and then cancel my PR application!

 

[Rob_TO]

The UK IEC is pretty competitive so withdrawing and resubmitting the application may be a better option. I'll have a look at the process.

The IEC process is independent and separate to either inland or outland PR process. So having a PR app in progress either way, has zero impact to your IEC application, and vice versa.

Actually if you are in Canada on a 1-year IEC visa, you can actually request CPC-Ottawa to process your outland PR application. If CIC does this, then any potential interview would be done in Canada. Though unless you have some serious issues in proving your relationship, really the chance of you requiring an interview is probably close to zero percent.

 

[Adam24]

Hi Katie, do you have a link where it says that IEC will be extended for 2 years between Canada and New Zealand?

 

[Katie K]

hi Adam, can't seem to post the link but it's a Canadian govt press release. Just google Steven Harper NZ iec!