Passport with NDVO - Interview scheduled - am in Canada on Work Permit- Pls Help

[incanadainn]

Hi All,

I applied through Outalnd Sponsorship process when I was in India and below are my details. I am currently in Canada on Closed Work Permit through my company since September 20th 2013. My Work Permit ends on September 22nd 2014.

Medical Done ? April 2013
Application Sent to CIC ? August 2013
Application Received at CIC ? Septemper 4th 2013
Date of AOR Received ? October 17th 2013
Date of Sponsorship Approved ? November 2013
Date of File Transferred to New Delhi ? January 6th 2014
Interview Call? July 24th 2014
Interview Date? September 8th 2014

When New Delhi Visa Office (NDVO) requested for my passport in November 2013, I informed them that I was in Canada on Work Permit. For which, they replied to either send it through a trusted family/friend or come back to India and then send to NDVO. I sent the passport in January through my family freind who shipped it to NDVO.

Now, I received an email from NDVO on July 24th asking me to attend an Interview in person in New Delhi. Doesn't NDVO realize/understand/know that I cannot travel without a passport as it is with them? However, in the email they had given an email address for any permanent resident related enquires. I replied to them immediately explaining the situation and requested them if they can do a telephonic interview instead or asked for other alternatives. I haven't heard back from them till now. September 8th is nearing and I am not confident that they will reply or even look into my enquiries or concerns. They do not have a phone number too to contact. I am really tensed and not sure what to do? It looks like there is no light at the end of the tunnel for me.

What shall I do now? Please give me your suggestions/advice.

Thanks in advance

 

[Rob_TO]

They will need to mail your passport back to you, and you will have to fly to ND to attend the interview. There are no other alternatives to this. Hopefully they respond to you soon, but I would keep asking them until you get a response.

 

[incanadainn]

Thanks Rob for your reply.

If they do - after the Interview can I re-enter Canada with Work Permit as my VISA has expired already.
I read in another thread where people have entered Canada with Work Permit but no VISA from US to Canada. Will this work for India to Canada?

If I apply for Bridge Open Work Permit - is that good enoug for me to re-enter?

 

[just_do_it]

Thanks Rob for your reply.

If they do - after the Interview can I re-enter Canada with Work Permit as my VISA has expired already.
I read in another thread where people have entered Canada with Work Permit but no VISA from US to Canada. Will this work for India to Canada?

If I apply for Bridge Open Work Permit - is that good enoug for me to re-enter?

A few things

1. You need a visa to travel from India to Canada (US to Canada is different). So no, you cannot travel on your work permit (which is different from a visa). You can, however, apply for a visa at new delhi citing your existing work permit and contract with your employer etc. so that should not be a problem.

OR

You can apply for a US visa, fly out of US, fly back into US and enter canada.

2. I was under the impression that according to Indian Laws, it is illegal to mail an indian passport out of/ into the country. Do you have any proof that the NDVO suggested you send the passport to them while in Canada? an email perhaps? I dont think they can mail it to you here in Canada. Perhaps they can mail it to your address in India and then someone else can courier it to you but NDVO will definitely not mail it to you.

 

[scylla]

2. I was under the impression that according to Indian Laws, it is illegal to mail an indian passport out of/ into the country. Do you have any proof that the NDVO suggested you send the passport to them while in Canada? an email perhaps? I dont think they can mail it to you here in Canada. Perhaps they can mail it to your address in India and then someone else can courier it to you but NDVO will definitely not mail it to you.

Correct. NDVO won't mail the passport to Canada. They will only mail it locally. Someone will then need to carry it to Canada for the OP.

 

[Rob_TO]

Someone will then need to carry it to Canada for the OP.

Or courier it directly to them. If companies like FedEx or Purolator have problems with mailing passports in India also, could always "hide" the passport amongst other documents to mail.

 

[canuck_in_uk]

You can apply for a US visa, fly out of US, fly back into US and enter canada.

Incorrect. The allowance for entering Canada from the US with a valid permit and an expired TRV doesn't apply if a person has travelled outside of the US.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=527&t=16

Expired temporary resident visa

You can request to return to Canada on your original temporary resident visa, even if it is expired, if:
- you will only visit the U.S. or St. Pierre and Miquelon; and
- you will return to Canada before the end of your approved stay in Canada.

OP will need to apply for a new TRV to return to Canada from India.

If I apply for Bridge Open Work Permit - is that good enoug for me to re-enter?

Family Class applicants do not qualify for a BOWP.

 

[incanadainn]

I had sent my passport through my friend who was travelling to India then.

If Family Class applicants do not qualify for a BOWP then how can I make myself eligible to stay in Canada in case:

-> My company asks me to repatriate once my current work permit period ends - which is September 30th 2014.
-> If NDVO does not reply or send my passport in time for the Interview (I have sent repeated emails to them)
-> I quit my company and decide to stay in Canada, if I don't hear from them soon.

Thank you so much for all your replies so far. You all are God-send.

 

[canuck_in_uk]

If Family Class applicants do not qualify for a BOWP then how can I make myself eligible to stay in Canada in case:

You would need to change conditions and extend your stay as a visitor if you want to remain in Canada.

http://www.cic.gc.ca/english/information/applications/visitor.asp

 

[incanadainn]

Isnt this applicable to those who come as a visitor and want to extend their stay?

Since I came to Canada on Work Permit and once its expired - can I stay with visitor VISA (by applying for this) and make sure that it doesn't affect my PR processing.

I had read in the forum somewhere that you cannot/not supposed come to Canada using Visitor Visa when your PR is in progress.

Please clarify.

 

[canuck_in_uk]

Isnt this applicable to those who come as a visitor and want to extend their stay?

No. That's what the "change conditions" part is for; you will be changing the condition of your stay from worker to visitor.

Since I came to Canada on Work Permit and once its expired - can I stay with visitor VISA (by applying for this) and make sure that it doesn't affect my PR processing.

Yes, you can stay as a visitor. Your status has nothing to do with your PR app. You must apply to extend your stay as a visitor BEFORE your work permit expires.

I had read in the forum somewhere that you cannot/not supposed come to Canada using Visitor Visa when your PR is in progress.

Completely wrong. There is no rule against being in Canada as a visitor or coming to Canada as a visitor while your PR app processes.

 

[truncat]

I had read in the forum somewhere that you cannot/not supposed come to Canada using Visitor Visa when your PR is in progress.

Check out this link: http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

"An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay."

 

[incanadainn]

Thank you Cancuck and Truncat for your clarifications.

NDVO have replied to my email finally. They have mentioned that the current scheduled interview will be cancelled and passport will be returned. Also, they will send a new date of the Interview which I must attend.

In the meantime - I have applied for my work permit extension through my company. I will also apply for 2 to 3 weeks of vacation and attend this interview on the re-scheduled date in India. However, my concern is will they send me my passport with PR (hoping positively that my Interview will go well) within 3 weeks after the interview.
I am sure they would know about my work permit extension through my UCI # when I tell them about it. Will they consider my request to prioritize my application and process it within 2-3 weeks.

I don't want to end up quitting my job due to this i.e, if they do not send the passport with PR within 2-3 weeks.



I am not confused anymore with all you guys help and NDVO's reply however I am still worried about what would happen to my job for the scenario stated above.

Please provide your advices/suggestions and let me know what shall I do.

Also one silly question - please let me know if NDVO returns the passport after the Interview or do they return it along with PR card, i.e once the whole process is completed?

 

[incanadainn]

NDVO rescheduled my interview to October 7th 2014 and sent my passport to my Indian home Address.

Once I attend the interview, how long:

-> does NDVO take to stamp VISA and send it back?
-> the PR VISA stamp, will be valid until?

 

[truncat]

You might want to try posting in the New Delhi thread, unfortunately I don't know anything about their processing times for different steps, sorry!