PLEASE HELP! List of questions I cannot find answers too!!!

[pip_kerr]

Hi there everyone! I used this site last year when needing some questions answered regarding a work permit and age, i got the answers i needed and found everyone on here super knowledgeable. Well unfortunately im stuck again and after 2 days of research i have some unanswered questions I would love some help with if anyone out there knows?

Ok so I am a 30 year old Australian who has been in Canada over a year now, I first entered on a visitor visa then I switched to a IEC work permit which has just expired. I applied for a new work permit which got refused due to 'As you have previously participated in the IEC program in the 2015 quota year (W301338004), you have used your maximum number of participations in the Working Holiday category'. I think this is because in 2008 i applied for a work permit that i unfortunately never got to use, so I am assuming that as an Australian I cannot have more than 2 IEC? I have met other Aussies though that have had more than 2 so seems strange i was refused?
Receiving that refusal letter turned my life upside down, I had to call my work straight away and tell them I can no longer work until I sort something out which really put them in the weeds as they are short staffed, I assumed there would always be a couple of weeks grace period but i read I have to stop working immediately and I dont want to do anything illegal and ruin future applications.

My fiance is Canadian and we have been with each other for over 2 years with lots of proof so i know my best option is to apply for sponsorship and start working on my PR as we want to settle in beautiful happy Canada!
One of our major issues at this point is that we both plan on heading back to Australia in Jan for a few months as two of my sisters are having babies soon and it would be nice to be home to help and spend time with the family, I read that if we go ahead with the PR than I cannot leave till its through, which will be a minimum of 11months.
So before we go ahead with this I have some questions that I would be super grateful if anyone out there can help with?

1, I read I have 90 days after my work permit expires to stay in Canada not working before I have to leave or sort a new visa, is this true?
2, My fiance makes enough to support me so if i was to leave Canada after those 90 days can I reenter on a visitor visa for the next couple of months until it is time to visit Australia?
3, Is it true I would not be able to visit Australia if I had applied for sponsorship and wait till the PR is through?
4, If we go ahead with inland sponsorship, how long would it be before i would be granted a OWP and be able to resume employment?
5, Is it better and quicker for us to apply for sponsorship when outland in Australia?


If anyone knows the answers please share your information, I am so lost and confused at what to do right now and so uncertain of what is next, luckily we have savings and I can afford to be without work in the meantime while we decide what move is best for us. I definitely want to keep within all laws and regulations as I plan on making Canada home.

Huge thanks in advance!

 

[scylla]

1. You have 90 days to apply to restore your status. This doesn't mean you're allowed to stay in Canada for 90 days. If you receive a refusal on an application you should try to leave within 30 days (unless you plan to apply to restore your status).
2. Whether you're allowed to re-enter or not is up to the CBSA officer you encounter at the border. The longer you stay in Canada without status, the greater the chance you may run into issues re-entering.
3. You can leave but it's not recommended that you remain outside of Canada for very long. Also, there's never a guarantee you'll be allowed back in. If you're not allowed back in this will effectively cancel the inland application. If you want the flexibility to travel and not be stuck in Canada for 2 years - definitely apply outland.
4. Hard to say because you are currently out of status in Canada (that complicates things). First you'd have to apply to restore your status in Canada to visitor. Expect that to take around four months. Then you would have to submit the inland application along with the OWP. The OWP should be approved approximately four months after the application is submitted. So if you start now, you're probably looking at eight months. You'd be better off applying for PR outland.
5. Yes. However you can submit the outland application while you are both in Canada (you don't have to be outside of Canada). Since your work permit has been refused, do make sure that you apply to restore your status so that you can be in Canada legally.

 

[pip_kerr]

Wow thank you so much for the answers Scylla!!! great quick response!
and hmm ok this does seem to but worse than I expected, 8 months without work would be tough. I should have just applied for the PR before my work visa ran out, I just had no idea it would be refused.

Ok so another couple of questions if that is ok?

1, Can I change my status to visitor without leaving Canada? That way I wouldn't have trouble at the border?
2, Can you clarify what you said in you fourth answer, if i apply to become a visitor that will take 4 months? "First you'd have to apply to restore your status in Canada to visitor. Expect that to take around four months."


Thanks a lot

 

[scylla]

1. Since your work permit was refused - you're out of status in Canada. You can't simply apply for a visitor visa while you're out of status. You need to apply for restoration AND for a visitor visa. It seems restoration applications are taking around four months to process these days. Some have received approval sooner - but to be safe, assume your wait will be around four months before you have status in Canada again.
2. See above.

 

[pip_kerr]

Thanks for the answers. Applying to restore my visa to a visitor visa, That 4 months will be enough time for me before I return to oz for the family visit. Then when my partner and I are there will apply for the outland.