Post Grad Work Permit set to expire, perm residence app sent

[holyroller12]

Hi all:

I am an American citizen currently on a post-grad work permit of 3 years, set to expire July 26th. I am currently employed full-time, but I plan to leave my current employer and begin work again in September 2015. My application for perm residence is in under family class (I am married to a Canadian for 3 years now) and I have received confirmation that it has been received by CIC back in end of October 2014. What visa do I apply for to extend my stay while my family class residency application goes through?

Thanks!

Shawn

 

[Mapleson]

If you are planning to work, then you'll need to apply for a class of work permit extension. If you are doing an Inland application, there is an OWP pilot. If you are doing an Outland application, you'd need to extend your current post-grad work permit.

 

[Ponga]

If you are planning to work, then you'll need to apply for a class of work permit extension. If you are doing an Inland application, there is an OWP pilot. If you are doing an Outland application, you'd need to extend your current post-grad work permit.

A PGWP cannot be extended.

 

[Ponga]

Hi all:

I am an American citizen currently on a post-grad work permit of 3 years, set to expire July 26th. I am currently employed full-time, but I plan to leave my current employer and begin work again in September 2015. My application for perm residence is in under family class (I am married to a Canadian for 3 years now) and I have received confirmation that it has been received by CIC back in end of October 2014. What visa do I apply for to extend my stay while my family class residency application goes through?

Thanks!

Shawn

I wouldn't do anything right away. Since you applied for spousal sponsorship last October, there's a good chance that you will complete the process before your PGWP expires (assuming you submitted an Outland application from within Canada). If you actually submitted an Inland application...disregard this advice.

If it looks like you will not, you could leave Canada and then return, to in essence, change from a worker to a visitor. Being an American, you would likely receive the standard 6 month authorization.

If you don't want to leave and return, you could apply to change from a worker to a visitor online, but it would be a waste of money, IMHO, since leaving and re-entering is free.

 

[holyroller12]

Ponga,

I applied Inland because I already live in Canada and have worked here for 3 years (and studied before that). Does this application look like what I should apply under?

http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

Otherwise, I see that a bridging visa exists but I don't see the family class included in the eligible classes.

I don't think my permanent residence application is close to being accepted. I only submitted in October 2014, which is only about 6 months ago.

I really just want to know what application I should complete so I can get the ball rolling! Thanks for your help so far!

 

[Ponga]

You might consider canceling the Inland application and submitting an Outland application (which you can use even if you are in Canada). You could use the same receipt for the fees that you've already paid.

I know it seems crazy (and difficult to even comprehend), but you'd undoubtedly get through the process substantially faster, as most Americans are seeing ~6-8 month processing. If you didn't get your CoPR before September, you'd need to delay your plans to return to work, but hopefully only by a matter of weeks, not months.


If you decide to keep the Inland application, then you would submit form IMM5710 and pay the hefty fee of $255 ($155 + an extra $100 `handling fee'). You would hopefully see the OWP ~ 4 months from when it is received by CIC...maybe.

 

[Regina]

Ponga , why do you think it better and FASTER? Besides, as I understand you cannot chose which way to apply. It all depends on your situation. If you have been in Canada for 3 years you cannot apply "Overseas" as you cannot apply Inland if you are living outside of Canada.

 

[Ponga]

Ponga , why do you think it better and FASTER? Besides, as I understand you cannot chose which way to apply. It all depends on your situation. If you have been in Canada for 3 years you cannot apply "Overseas" as you cannot apply Inland if you are living outside of Canada.

A person can always submit an Outland application if they are IN Canada.

Since Outland applications for Americans are being processed at ~6-8 months, versus 2 years (+/-) Inland, it would still be worth the consideration to withdraw and re-submit, IMHO.

 

[Regina]

the consideration to withdraw and re-submit, IMHO.

A! Is not what you suggest a fraud? You have been living in Canada for 3 years but go to USA for a day, apply for PR "overseas", pretending you live in USA , then go back to your usual live IN CANADA?

I understand if it is a real situation when you live in USA, apply from USA, then go to visit you spouse in Canada and deside to stay with her. Then you can withdraw your "overseas" application and submit a new one- inland. And then extend your visitor visa while you are wating for PR, or apply for OWP...

 

[Ponga]

A! Is not what you suggest a fraud? You have been living in Canada for 3 years but go to USA for a day, apply for PR "overseas", pretending you live in USA , then go back to your usual live IN CANADA?

NO!

A person is living in Canada- CIC doesn't care

A person is living in Canada- CBSA cares

The word `living' applies to a person that is (in all honesty) living in Canada while they apply for PR, but in the eyes of the CBSA...that person better be `visiting' their spouse/partner in Canada. THAT"S the problem...semantics!

The part that you're not understanding is this:
The Outland application (overseas as you call it) is NOT based on where you might really live at all. It's based on where you want the application for PR processed.

 

[Regina]

Guys, I got a question for you.
If a person who has been living in Canada on working or student visa is applying to be sponsored as overseas applicant, what visa office he/she has to show in the forms? And what will happen when PR is ready to be issued? He/she will have to send the passport abroad to that VO? How? It is so risky to mail even by corrier. ( I kknow a case when FedEx LOST passport with PR visa in it!!)

 

[Regina]

A person is living in Canada- CIC doesn't care

Well, I am not so sure. My friends were in situation when they started a process inland(she is from Japan and he is Canadian), then she went to gather her stuff in Japan, stuck there for 3 weeks and when she came back to Canada, CIC tried to force her to stop her overseas process and start a new one inland. They could not convince CIC that she actually lives in Canada and 3 weeks it was just a trip to Japan. in the end they convinced CIC, but all this stuff with inland-overseas (CIC uses this definition) is not so obvious as you may think.

 

[Regina]

It's based on where you want the application for PR processed.

Ok. What VO a parent living in Canada (let's say on parent visa) with his/her child should chose as "his" VO for an inland sponsorship process?

 

[Sheps]

On the new Generic Application IMM0008 you cannot choose your VO.

When applying "Outland", if you are eligible, your application can be processed in Ottawa (On a valid non-visitor status for 1 or more years, EX: Student/Worker). Your application will still be processed as it would be if you applied to your VO at the country of previous residence. The inland process is a different process, and while I believe the intent was to streamline the application process and make it shorter when they initially started processing applications that way, the reality is that it is in fact longer.

I am not sure what the exact difference is between Outland and Inland in terms of forms and documents required, but I presume there is a different level of scrutiny on the application as a whole. Additionally, when applying Inland you can sometimes be eligible for provincial healthcare once you pass AIP, whereas Outland you are not. With Inland, you are also granted a OWP under the pilot program, ostensibly to provide you with a valid status for the duration of your application. With Outland, you are responsible for maintaining a valid status, be it work, student or visitor. Inland you should stay in Canada for your processing, if you leave and are turned away at the border, CIC will cancel the application.

What happened with your friends, honestly, I think there is more then your friends are letting on, or they are not being 100% truthful.

If you are from a TRV exempt country, I don't believe you need to mail your passport, they will just send you the COPR. I also believe this is why the Inland stream was created, to allow people from non-TRV exempt countries to be together during processing without the requirement of applying for multiple visitor visa's.

 

[Regina]

What happened with your friends, honestly, I think there is more then your friends are letting on, or they are not being 100% truthful.

I know them for a long time now. They are honest people and it really was the case.

On the new Generic Application IMM0008 you cannot choose your VO.

Yea.. you are right. They changed the form in Feb 2015 and there is no Inland or overseas process anymore. It looks now CIC decides.