[Need advice] Should I cancel my application and send my wife back to china?

[Daivuk]

Hi,

Quick background:
I am a Quebec citizen (Born here). I work in Ottawa as a video game developer, the pay is good. I live in Gatineau (Quebec). I met my wife (Chinese citizen) one year and half ago in Ottawa. We moved together a year ago in Quebec, and got married in Ottawa in August 2010. She was an international student at that time. I went to China to meet her parents, and my parents also came with us. I sent my application with all the documents well filled, photos, passports copy, marriage certificate, etc. Our case is solid, and I am not worried about it being refused.

The issue is that they refuse her a working permit. She has a diploma it technician pharmacy, and an employer that really want to hire her (He also filed an application, refused in the past). So now have to wait the permanent residency before they work on the working permit. They told me it will take 9 months before, but now I just came back from immigration office, where they told me it's 18 months. Other problem is she want to go back to school for a more specialized job, dental hygienist. But without permanent residency, the price are exorbitant.

Sure we can wait 18 months. But we are now 30 years old, and our life keep pushing back and back. She can't work neither go to school, and I have to pay for 2 lives for 18 months. This means we can't buy a house, can't have a children. For at least 4 years. She needs to work 1 year at least before giving birth so we can get money for her maternity leave.

So our new thought right now, is to send my wife back to China, and apply the form from Beijing. They say it will take 4 to 5 months :|
This is a real joke. Why would it be faster? She is HERE, in Quebec. They can meet her right away. This makes no sens to me. So sending her back to China to file a new application sounds like a better plan.

My questions are in that case:
1 - Is it too late because I already filed an application here?
2 - If no, how can I cancel it and if possible get my money back? (Even I heard I checked the wrong thing to get my money back... 700$)
3 - Will it affect their decision when they see we already filed an application, then cancelled it, then filed a new one?
4 - Is there a shorter way? Some of her Chinese friends used an agency here, and it took 6 months instead of 18 months. Is that legal? Where to find those agency? Or is it simply because they have a different case? (They just graduated from university, my wife didn't).

Thanks, I am seeking help from those with experience, because the resources here are limited. I even went to an organisation in Gatineau that help us with immigration stuff, and they suggested us that she works under the table. Unacceptable.

 

[Kaycee1]

You can apply Outland through Beijing even if she is here in Canada. She would need to keep her status as a student/visitor or something, but you can apply through Beijing without her having to return to China. The wait times are much shorter if you apply outland but she wouldn't be able to work while you're waiting. I don't believe there's any problem withdrawing an application but you would probably lose the non-refundable part of your fees.

 

[Daivuk]

Thanks, she will probably go back to China to take the opportunity to pass more time with her family. But we would probably fill at the documents before she leaves anyway. My question was more regarding the withdrawing. Thanks for your answer. They don't want to tell me at immigration if it's going to affect our next application or not. They say it might, or it might not :S

It's a bit confusing.

 

[pinklady]

How long ago did you apply for the inland application.
Who told you it would be 18 months?
From what I understand, the first stage approval for inland takes 8-9 months and after this time you the sponsored person can get a work permit. Then it takes another 9 months or so before the PR application is finalized. So yeah 18 months in total, but only 8 or 9 before being allowed to work.

 

[Jurjen]

The immigration office and you must've had some miscommunication. The total process for PR will be about 18 months, that's correct. However, the open work permit will already be issued as soon as you are approved as a sponsor (last week it delayed to 9-10 months of waiting).

It's not PR yet, but at least she will be able to work.

You can withdraw your application, but it will cost you the 75$ for sponsorship, because it's already in process by the time they open the envelope with your withdrawal. The rest of the money will be returned to you through a cheque that you will receive by mail.

Give us your timeline and we can have a look if it's worth it to start an outland procedure.

/edit: some people replied a bit faster then me, so there might be some double info.

 

[kelKel]

I hope it has no effect because we withdraw our inland app and applied Outland. It's processing right now. It took 2 months to withdraw and receive confirmation and we received all the money back.

 

[chelley]

She needs to work 1 year at least before giving birth so we can get money for her maternity leave.

Not true... she needs to work for 600 hours, which is about 5-6m.... also if she can find someone who will hire her, working hours up to the day mat leave starts are counted... so she can already be 4m pregnant find a job (i know easier said than done), work out the rest of her pregnancy and get the full mat leave...

i have a good friend who works for the government and it's common practice to come back from mat leave 3 or 4m pregnant (they get top up to full salary, so technically they work 5-6m in every 18 and never take a hit in salary... not a bad gig if you can get it and want a big family lol

 

[Daivuk]

Give us your timeline and we can have a look if it's worth it to start an outland procedure.

We sent it mid January.

Our ideal would have been PR because she would be able to go to her new program at school fall. Otherwise we need to delay one more year.. But yea, I thought it would take 18 months for working permit also. Some miscommunication.

 

[Daivuk]

I hope it has no effect because we withdraw our inland app and applied Outland. It's processing right now. It took 2 months to withdraw and receive confirmation and we received all the money back.

Thanks for the info. If it takes an extra 2 months for the withdraw, I think we better just wait here then. And she can work after 10 months or so. (Stage 1). And would go to school a year later.

 

[Daivuk]

Oh, something else I might be confused about. Why is everyone on this forum talking about Mississauga? They clearly stated in my application to send it to Vegreville in Alberta. Did I do a mistake here? Or is it because I'm from Quebec so it's different?

 

[pinklady]

Inland applications are sent to Vegreville, Outland are sent to Mississauga before being forwarded to VO's around the the world.
So you didnt make a mistake.

 

[Daivuk]

Inland applications are sent to Vegreville, Outland are sent to Mississauga before being forwarded to VO's around the the world.
So you didnt make a mistake.

Ok thanks for the precision. I will discuss with my wife tonight, and take a decision. It's sad, but I think I will opt for staying here and wait. But I'm happy to see I am not the only one that had the idea to cancel inland and do it from outland. That means other people do it so it's doable 8)

 

[canadianwoman]

If your wife did an outland application, would it go to Beijing or to Hong Kong? It makes a big difference - Hong Kong takes a very long time to process applications and has a very high refusal rate. If her office would be Hong Kong, definitely just wait for the inland app to go through. Beijing is quick, though.

 

[RobsLuv]

I agree with canadianwoman, that's the first consideration - Beijing or Hong Kong. Here's the breakdown:

• Beijing: China (People's Republic of), Korea (Democratic People's Republic of), Mongolia
• Hong Kong: Hong Kong, Macao and Guangdong, Fujian and Hainan Provinces and Guangxi Zhuang Autonomous Region

There probably are a couple of other things you should consider in making this decision, too:

Regarding inland:
1)I'm concerned that you did not understand enough of the process when you submitted the application to have properly protected her temporary status. I'm assuming she has valid temporary status now - a TRV of some sort - even though she was refused a work permit? If so, did you include an application to extend that status with the inland PR ap - and check the option for a work permit on that extension ap? The fee is $150, but this allows her to remain legally in Canada, even if her TRV expires before they reach the first stage of assessment (9-10 months) AND, when they do complete first stage assessment, they will automatically issue her an Open Work Permit as her new temporary status document - otherwise you have to go through a separate process after receiving first stage approval to apply for the open work permit. That could delay her working. (Also, if she wants to go to school while waiting for PR, she will need a study permit instead - you can check Study Permit on the extension instead of the work permit option).

2) If you did not include the extension application with the inland PR application, and you decide to continue with the inland ap, it is vital that you submit it now. You will need to fill one out, pay the fee, and submit it to CPC-Vegreville with proof of her current (not expired) TRV, a copy of the fees receipt you paid for the PR application, a copy of your marriage licence, and anything else that they ask for in the document checklist. Then WRITE ACROSS THE TOP OF THE APPLICATION FORM: "DO NOT PROCESS UNTIL FIRST STAGE APPROVAL - INLAND PR AP SUBMITTED JANUARY 2011". Include also a cover letter giving them information - even a copy of your tracking slip, if you have one - about when the inland PR ap was received by them. This is because that application may or may not be entered into the system yet, and if you don't draw to their attention the fact that it exists, they will try to process the extension/OWP ap without it and it will be denied. So it's imperative that it be matched up with the PR application and processed after they assess her as an eligible spousal PR applicant . . . that's the only way the OWP can be approved.

3) If she does not currently have a TRV that has not expired (or if you do not do as above and protect her current status by submitting the extension), the inland PR ap will sit for 9-10 months and when they go to assess it for first stage approval, it will be transferred to your local CIC office - where it will wait, without first stage approval, until it comes up for assessment there (this can take up to two years in a busy office). So it's REALLY important that you make sure her temporary status is protected by getting an extension application to Vegreville before her TRV expires. If things go as they should, she will be assessed for first stage in 9-10 months and able to work, and then another 3-8 months and she will be a full PR.

4) She can't leave Canada during processing because, if she can't get a TRV to come back, she forfeits the inland PR ap - fees and all.

5) There is no right to appeal a refusal of a inland ap, so if there are any issues that might cause the refusal of PR, you should withdraw and reapply outland.

Regarding outland:
1) She could remain in Canada, as she is now, until her TRV expires - she could even apply to extend it based on the outland PR ap being in process . . . but she won't be able to work.
2) She might have to travel back to China to attend an interview - if they require one - and then she most likely would not get another TRV to come back, so she'd stay there until PR is finalized.
3) She would, at some point, have to travel back to the overseas embassy to submit her passport to finalize the application - but then she gets her PR and travels back to Canada to "land".
4) You have the right to appeal a refusal with an outland application
5) She can travel with an outland ap in process without it jeapordizing the application - although she still would probably not get back into Canada after leaving
6) Beijing is finalizing spousal PR aps within only 4 months - plus another 36 days at CPC-Mississauga where they assess you first as the sponsor before transferring the ap overseas. This is an extraordinarily fast timeline and probably worth considering pulling the inland application, BUT Hong Kong is 15 months! Keep in mind that the earlier you pull the inland ap, the better your chances of getting back your processing fees. If they get it logged in, then it's considered in process and you forfeit all but the $490 Right of Permanent Residence fee (if you've paid that yet). You don't have 9-10 months to make this decision. If you're going to withdraw - submit a letter by fax to Vegreville, and follow up with a certified letter that you can track delivery and get a signature confirming receipt.

Good luck. Hope this helps you make an informed decision.

 

[Daivuk]

It's Beijing.

1) Yes we asked Immigration, and we made a work permit request (Document given with the PR one) and sent it with it. They said that will guaranty her legal stay. And I already paid the fees.

4) When I withdraw my inland application, does she have to leave Canada right away, or we have to wait that 2 months process for withdrawing?

"If you're going to withdraw - submit a letter by fax to Vegreville, and follow up with a certified letter that you can track delivery and get a signature confirming receipt."

Can you give a bit more precision about this? Or a link on the CIC web site that describe the process of withdrawing. My search skills on their site are very bad, can't find the info.

Thanks a bunch!