On IEC, submitted inland spousal PR app., applying for OWP. Questions..

[Rushbrook]

I have found the entire immigration process very confusing and counter-intuitive from the beginning. I have some questions I need answered but I can't seem to find concrete information online that applies to me in a clear way and no matter when or how many times I try, I cannot get through to CIC's call centre.

I need real advice if anyone knows what to do in my situation.

Here are the facts:

- In Canada on second IEC (as in, I have an OWP), expires May 2017.
- Submitted inland spousal sponsorship PR application 24 March 2016, obviously haven't heard back.
- Painfully aware that I should have done outland. Sticking to inland after research.
- Did not submit OWP application with PR application, just wanted to get PR sent.
- I need to apply for an OWP so that I can work after my IEC expires.

Here are my questions:

- To apply for an OWP in my situation, are there any forms I need to complete other than IMM5710?
- I don't need an LMIA, do I?
- What are the fees for the OWP I am applying for?
- After my IEC expires and I'm still (presumably) waiting for my PR, will I have implied status once CIC acknowledges that my PR app has been received?

Thanks in advance,

Rosie ;D

 

[Ponga]

My suggestion is for you to pretend that you don't even have the OWP now...in terms of what is needed to extend it.

Now that you have submitted the Inland sponsorship application, you are eligible for the same Pilot Program OWP that all Inland applicants are entitled to (if they still have legal status, which you do).

Just submit IMM5710 (no need for LMIA) and pay the full amount for the OWP ($255) before the end of the year (in case the program isn't extended into 2017).


A person that submits an Inland application alone does NOT benefit from Implied Status; it is the OWP submitted with the Inland application that creates the Implied Status.

 

[scylla]

Unfortunately IECs are a special class of visa that cannot be extended and don't benefit from implied status. So submitting an OWP will not allow you to continue working after the expiry of your IEC.

- Do you qualify for another IEC based on your country of origin and age?
- Is your employer willing / able to obtain an approved LMIA so that you can then qualify for a closed work permit?

Unless you have a new and approved work permit in hand when your IEC expires, you will have to stop working as of the expiry date of your IEC work permit.

 

[Rob_TO]

I have found the entire immigration process very confusing and counter-intuitive from the beginning. I have some questions I need answered but I can't seem to find concrete information online that applies to me in a clear way and no matter when or how many times I try, I cannot get through to CIC's call centre.

I need real advice if anyone knows what to do in my situation.

Here are the facts:

- In Canada on second IEC (as in, I have an OWP), expires May 2017.
- Submitted inland spousal sponsorship PR application 24 March 2016, obviously haven't heard back.
- Painfully aware that I should have done outland. Sticking to inland after research.
- Did not submit OWP application with PR application, just wanted to get PR sent.
- I need to apply for an OWP so that I can work after my IEC expires.

Here are my questions:

- To apply for an OWP in my situation, are there any forms I need to complete other than IMM5710?
- I don't need an LMIA, do I?
- What are the fees for the OWP I am applying for?
- After my IEC expires and I'm still (presumably) waiting for my PR, will I have implied status once CIC acknowledges that my PR app has been received?

Thanks in advance,

Rosie ;D

You are from New Zealand, so why on earth did you elect to submit an inland application???

Sydney VO is one of the quickest in the world, and if you applied OUTLAND while staying in Canada with your IEC visa, you would most likely have your complete PR approved well before your current IEC expires next year.

I would highly recommend cancelling your inland app, and submitting outland instead.

If you stick with the inland app then you can apply for an OWP at any time under inland pilot program. Make sure to do this several months (at least 5-6) before your IEC expires, to ensure you can get OWP in hand before IEC expires and continue working. You could even apply for OWP now, and just use the OWP instead of IEC from whenever you get the OWP.

 

[danny87]

- To apply for an OWP in my situation, are there any forms I need to complete other than IMM5710? NO
- I don't need an LMIA, do I? NO
- What are the fees for the OWP I am applying for? $255
- After my IEC expires and I'm still (presumably) waiting for my PR, will I have implied status once CIC acknowledges that my PR app has been received? Only if you also included an OWP application at the same time as the PR application in the same envelope to Mississauga. However since it is an IEC OWP, you will have implied status as a visitor, not as a worker once it expires and before the new OWP arrives. If you send your application in time, you dont have to worry about implied status at all.

How do I know? Well, I did the same thing. IEC OWP --> PR app + OWP app --> implied status as visitor --> new OWP --> PR app approved --> waiting to land next week.

However the suggestion to withdraw your application (if already submitted) and going for outland makes much more sense for you, since you will probably have your PR status before your current work permit expires since your VO is really fast.

That way once you get your Confirmation of Permanent Residence you will need to flagpole the US border (easiest way) or go home and return to Canada to land as a PR.

Also, you will have no restrictions as to leaving and re-entering as long as you keep valid status in Canada (which is not entirely the same for Inland applications)

 

[Ponga]

Also, you will have no restrictions as to leaving and re-entering as long as you keep valid status in Canada (which is not entirely the same for Inland applications)

Not entirely true. An Outland application doesn't guarantee re-entry and the OP may still have to deal with the Dual Intent issue, if CBSA starts asking questions about ties to their home country.

It's not that one application gives better chances of re-entry; it's that if the person has submitted an Inland application and is denied re-entry, it kills their application.