Staying in Canada while waiting for PR decision - Advice please!

[mmartin88]

Hi everyone,

I am in need of some advice.

My boyfriend is here in Quebec, Canada on his 2nd year of his International Experience Class (Working Holiday Visa) and it expires late JUNE 2015. He is currently working as an account manager at a marketing firm.

Back in October, we applied for an OUTLAND Sponsorship application. We submitted all forms and supporting documents using the OUTLAND Sponsorship kit. We did this as the processing time was faster (3 months initial assessment + 6 months in London) = 9 months, which was just about the time left on his visa back in October. We timed it so that he would receive his PR just as his IEC visa would have run out.

However... Having not heard anything from CIC re: initial assessment, I called CIC for a status update and they told me that my application had been registered as INLAND, despite us having submitted all the forms for an OUTLAND application. The CIC agent promised me she would send an email to Missassauga to have them review the application and make sure that it's going to be processed INLAND in late January, however, I have not heard anything back (it's been just over a week.)

QUESTION 1: Does anyone have any idea what I should do to ensure that this error is corrected? (Just wait?)

Meanwhile, with this delay, my boyfriend's IEC visa is going to run out WAY before we receive his PR.

He is currently working right now as an account manager at an advertising company, and is pretty well liked by his boss, who wants to keep him, but does not know the ins and outs of immigration.

QUESTION 2: What are his options to stay and WORK in Canada? Work Permit? LMIA? Implied status?

Thank you for your help!

 

[RajaJi]

Write to Mississauga Office and ask that office to correct the mistake. There is no Implied Status for IEC's. He can apply for an Open Work Permit, if application to sponsor is INLAND. However it takes a lot longer (about 2 years) to get PR approval for Inland applications.

Your best option is OUTLAND application. Your BF can continue working until his IEC expires. after that he can Flagpole (assuming he is from a Visa exempt country) and enter Canada as a visitor. If allowed that will give him another 6 months to stay in Canada. Or he can apply to change the conditions of his stay as a visitor. Or return to his country and wait.

 

[mmartin88]

Thanks so much for your reply Rajaji!

I have written to CPC Missassauga as well last week, so I guess now all I can do is wait and keep bugging the Call Centre weekly to see if any change has been made.

He is from the UK, so he can just flagpole - that's actually been our plan so far. My only worry is that with this inland vs outland mistake + processing times in London Visa Office being 11 months + we will have to apply for a CSQ, since we are in Quebec, 6 months as a visitor will not be enough time.

 

[RajaJi]

If your application is processed as INLAND then your boy friend also have the option to apply for an OWP under new Pilot Program. If OWP is approved he can continue working but will have to stay in Canada while PR application is in process, which can take 2+ years.

 

[rhcohen2014]

Thanks so much for your reply Rajaji!

I have written to CPC Missassauga as well last week, so I guess now all I can do is wait and keep bugging the Call Centre weekly to see if any change has been made.

He is from the UK, so he can just flagpole - that's actually been our plan so far. My only worry is that with this inland vs outland mistake + processing times in London Visa Office being 11 months + we will have to apply for a CSQ, since we are in Quebec, 6 months as a visitor will not be enough time.

if you bf plans to stay in canada after his IEC expires, he does NOT need to flagpole at the us border to change his status to visitor. it is far better and less risky for anyone to just apply to change the conditions of his visa and extend his stay as a visitor online. it is very easy to do, and pr applicants are rarely denied. I believe the cost is $150. While the risk of being denied at the border is very low, there really is no point to flagpole as a visitor. if you do this, you are subjecting yourself to investigation by CBSA. It is not always a pleasant experience. it's really a lot better just to apply for an extension online.

As visitor, he can't work. If he wants to continue working, he will either need to appy inland to qualify for the OWP (Which is not recommended), reapply for IEC (if he can) or find an employer willing to go through the LMIA process and provide him with an offer of employment (not impossible, just very difficult).

as for the mistake in his application processing, i would highly recommend reaching out to your MP and ask them to inquire on your behalf. it's quite possible the call center was wrong, and they just assumed it was inland. it is very common for call center agents to give out wrong information. so to get this fixed, your best bet right now is to get in touch with your MP. CIC must respond to their requests within a certain number of days, while they have no obligation to respond to applicant/sponsor requests.

 

[mmartin88]

Thanks rhcohen2014!

Your response was very helpful! We will most likely just go via the online route and swallow the cost of 150.00$ or whatever it is to apply for a visitor visa online.

Unfortunately, this is his 2nd year on the IEC program, and so he can't apply for it again.

He is going to speak to his current employer (he has been working there just over a year) regarding an LMIA, however, we hear it's very difficult, as the employer needs to prove that no other Canadian can do the job. This route is also not the most desirable, as his current employer doesn't know the ins and outs of immigration and is probably not willing to hire a lawyer.

I actually plan to inquire via my MP if I haven't heard anything by next week; I was assured that the call centre agent sent a message to CPC Missassauge AND then I emailed CPC Missasauga myself as well. I will pull the MP card if I have not heard anything back by the end of this week.