Question: Applied In-Land, But Current Visa Coming to an End

[Veelia11]

Hey guys. I'm in sort of a predicament, and I'm looking for help on what to do next.

I'm a US Citizen, currently in Canada on a Work Permit (Post-Grad) that expires April 15th, 2015, and I have applied for Family-Class Sponsorship (under my common-law partner) from INSIDE Canada in early January. I have also applied for, at the same time, the One Year Pilot Program "Issuance of open work permits to applicants for permanent residence under the spouse or common-law partner in Canada class" (link here: http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp). As the guidelines require, I submitted both of these applications in-paper together to the CIC in Mississauga early January. However, I just called the CIC and they haven't even opened my package, let alone started processing the Open Work Permit submitted with my Family Class Sponsorship application. I'm worried that my time is running out.

I really do not want to have to leave Canada. Leaving my partner of four years will be hard enough, but going back and staying with my parents is even less appealing. I'm curious as to a few things:

1) What can I do to stay in the country? I heard some people are allowed to stay in Canada during this processing even if their current permit runs out, but I've also heard the opposite.
2) If I have to leave, do I have to change my application from Inland to Outland?

Thanks and I'm looking forward to the helpful answers.

 

[Rob_TO]

1) What can I do to stay in the country? I heard some people are allowed to stay in Canada during this processing even if their current permit runs out, but I've also heard the opposite.

Since you've submitted OWP app with your inland PR app, you have implied visitor status for the entire duration of your PR processing time, so that covers you to stay in Canada for the 2+ years your inland app will take, without ever having to extend your status here.

I'm not sure if PGWP is also able to get implied status for you to continue working if you don't get new OWP before it expires, others will have to comment on that.

And not only do you not need to leave Canada, with an inland app it's advised never to leave Canada during the next 2+ years of processing. If you were ever denied re-entry back to Canada, your inland app would be cancelled.

2) If I have to leave, do I have to change my application from Inland to Outland?

If you wanted to leave for an extended time, then you should change to outland.

In most cases it's better for US citizens to always apply outland even if they live in Canada, since the whole PR process outland could take around 6 months total compared to 2+ years for inland. And during that time you can easily stay as a visitor in Canada while the outland app is processing in CPC-Ottawa office.

 

[Veelia11]

Thanks for the quick reply! So in regards to that I actually have a serious question:

I have two elderly grandparents that I REALLY want to see, and I don't think I will have the chance to in two years if you understand what I'm saying. My current PGWP is valid until April 15th of this year. Yes I've submitted my sponsorship + owp application but they have not opened it yet as of yesterday when I called. Would you suggest that I leave as soon as possible to visit them then? Or would I still be at risk if I left the country?

 

[scylla]

You're always at some risk if you leave the country. It doesn't matter when you do it.

 

[Veelia11]

You're always at some risk if you leave the country. It doesn't matter when you do it.

That's really unfortunate to hear. However I've left often to visit my family/friends on this current work permit, and have never, ever had any issues re-entering the country. I'm wondering, if they haven't even opened my package, what would suddenly change to make it dangerous for me to leave.

 

[Rob_TO]

That's really unfortunate to hear. However I've left often to visit my family/friends on this current work permit, and have never, ever had any issues re-entering the country. I'm wondering, if they haven't even opened my package, what would suddenly change to make it dangerous for me to leave.

It's completely unrelated to your PR application. Until you're a PR, you have a chance to be denied entry at ANYTIME at the discretion of CBSA when you try to enter Canada. And if denied entry, any inland app you have in progress would be cancelled.

Granted for a US citizen with a valid work permit, the chances of being refused is extremely slim. But once in a while people run into trouble, you just need to be aware of the risk and know that it doesn't matter how many times you've entered with no problem in the past, each time you enter is a new situation.

If one wants the freedom to travel in and out of Canada with no risk to their PR app, they should really do an outland application.

 

[Veelia11]

I think I might try to go before March 15th, would be more than 30 days before my current permit expires. Hopefully that will be the best case. Seeing my grandparents is very important to me, almost as important as my PR application. I feel like they really would have no valid reason to deny me entry, I've been under different Study/Work/Visitor permits for about three years and have always been very compliant and never had a problem.