URGENTTTT!!!!! PLEASE HELP - Last moment interview cancellation question.

[incanadainn]

Hello Friends,

Need an urgent, urgent, urgent help please. Below are the few points for your quick reference and knowing the situation.

a.. My wife was a primary PR to Canada. Landed in Sep 2012.

b.. we got married in India in May 2013. (She came over to get married).

c.. After marriage, she spondered me via family class sponsership (submitted application in august 2013).

d.. But during this process, I came to Canada on work permit from my company on Sep 20 2013 (as a forigen worker).

e.. I have been called for the interview now on Oct 7th by NDVO based on the family class sponsership.

f. I will be finishing my 1 year in canada by this Sep 20, 2014.

since we dont want to stay apart for another 2-3 months until my family class sponsered visa is stamped, an idea clicked to our mind at the last moment that:

"why can't I apply directly for the PR based on my staus in the country ( based on CEC - Canadian Experience class category)."??

We kindly beg your answers as below.

1.. Can my wife now withdraw the family class sponsorship application? If so, how long will it take for them to get notified from us. Are they going to see immediately and cancel the application without any hassels/problems/doubts??

2. Are we going to get the money back (the fee) paid?

3. Since we have already accepted the interview, will there be a problem to withdraw the application?

4. after the withdrawl, since I will be still working in the country, Can I apply myself as primary applicant for the PR based on my CEC immediately after the withdrawl, once I complete 1 year by Sep 20th? (without any hassels).

5. If so, will there be any further problem for me while filling my PR application, to mention, "If I had filed the PR application before this and what was the reason of withdrawl"? (something like this).

It's the very few last days for us to take any quick decision. Please, please, please request you to answer the best possible answers for us to take this quick decision.

Thanking you very much in advance.

 

[susana]

Your application is almost finished, why risk it ? Just keep in mind that having a PR application under CEC doesn't mean you will be allowed to stay in Canada while the application is in process, you need to keep a legal status in the country if you want to wait for the decision, and who knows if CIC will allow you to stay . Procesing times are almost a year for CEC and your wp is about to expire, if you are not allowed to stay in Canada to wait for the decision of CEC, you will have to leave and stay apart for longer.

 

[susana]

And no, the fees won't be returned, only the Right of Landing fee if it was paid in advance.
Is not as easy as you think to apply under CEC. Have you done the iELTS or CELPIP? You are about to loose your status as a worker in less than a week, what have you done to keep a legal status in Canada ?

 

[incanadainn]

Thanks for answering Susan.

But few people who I know have applied for the Open Work Permit, after their PR application has been approved. This is achieved only after they have completed one year and their original Work Permit has been expired.

I found that one is eligible to stay in Canada for 3 months once their original wp is expired.
Otherwise yes i kinow, I have to give IELTS, police verification and medical., (my medical was done more than a year ago in the Family Class and CIC may ask me to redo the medicals and this is again because of their problem in delaying the application. So, this might again delay our Family class process for another one month)

Kindly suggest what would be the best option to not to stay away from my wife.
FYI - My company had applied for my extension of WP also

 

[Awesomeg]

Thanks for answering Susan.

But few people who I know have applied for the Open Work Permit, after their PR application has been approved. This is achieved only after they have completed one year and their original Work Permit has been expired.

I found that one is eligible to stay in Canada for 3 months once their original wp is expired.
Otherwise yes i kinow, I have to give IELTS, police verification and medical., (my medical was done more than a year ago in the Family Class and CIC may ask me to redo the medicals and this is again because of their problem in delaying the application. So, this might again delay our Family class process for another one month)

Kindly suggest what would be the best option to not to stay away from my wife.
FYI - My company had applied for my extension of WP also

Many of us have to stay apart for our spouses until the Permanent Residence is finalized,
We all feel the same... and would do anything to stay together....
but you need to think ahead.. and don't loose what you have gained
because of the perspective of something that may be or may not...
Laws in Canada are constantly changing... you don't know if tomorrow you will be excluded
because a bad decision...Right now Immigration Canada is contemplating remove the possibility
of permanent residence to caregivers.....and just give 2 years permit... who know if they would be
allowed for more years... they want to close that path for permanent residence to Canada....
Things in Immigration can change overnight...

just something to keep in mind

 

[sbag_in]

i know i should not be passing judgement,

but if you look through the forum you will see couples staying apart for 9-10 months to get the PR approved.

you have basically got it in the bag, with the interview already coming through.

if you decide to give it up now, and apply all over again ; that is your choice. but i think 9 out of 10 people will advice you against it, me included.

i just hope what you decide to do, is your decision, and not influenced by what others have done or think is right, because every immigration application is different and can never be compared.

just make a decision you think is right for you, and one which does not lead to any regrets in the future..

cheers,

SAMMY.

p.s. if you r seriously considering withdrawing the application, at least consult some professional help first.

 

[fandv]

Hello Friends,

Need an urgent, urgent, urgent help please. Below are the few points for your quick reference and knowing the situation.

a.. My wife was a primary PR to Canada. Landed in Sep 2012.

b.. we got married in India in May 2013. (She came over to get married).

c.. After marriage, she spondered me via family class sponsership (submitted application in august 2013).

d.. But during this process, I came to Canada on work permit from my company on Sep 20 2013 (as a forigen worker).

e.. I have been called for the interview now on Oct 7th by NDVO based on the family class sponsership.

f. I will be finishing my 1 year in canada by this Sep 20, 2014.

since we dont want to stay apart for another 2-3 months until my family class sponsered visa is stamped, an idea clicked to our mind at the last moment that:

"why can't I apply directly for the PR based on my staus in the country ( based on CEC - Canadian Experience class category)."??

We kindly beg your answers as below.

1.. Can my wife now withdraw the family class sponsorship application? If so, how long will it take for them to get notified from us. Are they going to see immediately and cancel the application without any hassels/problems/doubts??

2. Are we going to get the money back (the fee) paid?

3. Since we have already accepted the interview, will there be a problem to withdraw the application?

4. after the withdrawl, since I will be still working in the country, Can I apply myself as primary applicant for the PR based on my CEC immediately after the withdrawl, once I complete 1 year by Sep 20th? (without any hassels).

5. If so, will there be any further problem for me while filling my PR application, to mention, "If I had filed the PR application before this and what was the reason of withdrawl"? (something like this).

It's the very few last days for us to take any quick decision. Please, please, please request you to answer the best possible answers for us to take this quick decision.

Thanking you very much in advance.

Like others have advised, I would also recommend against withdrawing your nearly done sponsorship application.

But I don't understand something though: you are in Canada now (with a working permit), correct? And your wife is a Canadian PR, correct? Which means, you are both in Canada now, currently.....? (I'm only guessing that your wife must be in Canada, because if the sponsor is a PR, he/she is required to remain in Canada anyway.)

Why are you worried about being apart from each other if you're both in Canada? Plus, you also said that your (Canadian?) employer has applied for an extension of your work permit too, which means that you'll be in Canada for a good while...?

Why would you guys be apart for 2-3 more months?

 

[scylla]

When does your current work permit expire?

 

[ydj_dil]

2-3 months is a piece of cake, don't risk your whole application and married life for it. Focus on the interview and think about why they asked for an interview. It would mean a terribly long ordeal all over again to start a new application now. Many of us are staying apart for several months, a couple of months is nothing to stress about.

 

[incanadainn]

Thanks for all your advices and reply friends. I think we also should keep in mind all the rules and regulations/pros and cons in our mind before taking any decision!! As Awsomemeg mentioned.

"fandv" - Yes am in Canada now working which would soon come to an end by Sep 30th. Also, my wife is in Canada, but I should soon leave the country for the interview.
Because I already spoke to my employer that I need to go to India because of this interview in Oct. And applying through CEC idea clicked yesterday for us as I will be comepleting 1 year here.

BUT my employer had applied for my WP extension earlier even before all this (as they dont know about my sponsorship)which would also become void or come to an end along with my movement out of the country just for the interview.

So there are less chances of them renewing my work permit now since I have already spoken to them (and wouldn't sounds good if I go back and forth changing my decisions). Even if they do, I need to go to this interview and dont know how long it would take for NDVO to stamp my visa.

scylla - it expires on Sep 30th 2014

Thanks sbag-in
Goshhhh - this is horrible situation for us and there isn't any option for us to stay apart for 2-3 months (also we have been living apart for several years for now because of job or other problems) or don't know how long until they stamp my visa.

As ydj_dil and others mentioned, we need to stick to the interview and current application and think about preparing for the interview!!
I think we should decided to stick with the current one as we see complications all over and request you to wish us all the best dear friends for the interview!!

Thank you all! My god, heart beats faster thinking of all this!!!

 

[scylla]

If your work permit expires at the end of this September, then CEC isn't such a great choice for you since you won't qualify for the Bridging Open Work Permit and won't be able to continue working. To qualify for the BOWP you need to have AOR (which takes a few months to get after you submit your CEC application). Additionally, your work permit still has to be valid when you apply for the BOWP (which yours won't be).

I would stick with family class and not withdraw.

If you go with CEC, then you'll have to stop working at the end of September and convert your status to visitor. You'll only be able to work again (before you have PR) if you can get another approved LMIA.

You mention that your employer has applied for a work permit extension. Your employer can't apply for an extension - this is something you would have to do. But in order to apply for an extension your employer must obtain a new approved LMIA. Has your employer done this?

 

[incanadainn]

Scylla - yes, I did understand the BOWP from one of my friend, but he had his wp renewed from his employer and was eligible to stay and work in the country as he was in the implied status.

When I say my employer has applied for my renewed wp, it was a month ago as they still wanted me in the job and its applied from the employer.
But that would be applicable only if I continue working here. Right?

The moment I leave country and I am out of that job the wp what they have applied for me from my company would become void.

Also, since I had to go the interview and stick with the current applccation, I wouldn't be able to work here.
My employer agreed to give me vacation only for 2 weeks.

But no one is able to answer us precisly here in the forum that how long it would take to stamp the visa after our interview (sponsorship application), so that I can come back soon within 2-3 weeks and work for the same employer.

 

[scylla]

It's still not clear if your employer obtain a new approved LMIA before applying for the work permit renewal. If no LMIA was obtained, then your work permit renewal is going to be refused. If your employer applied a month ago and there was no LMIA, then your renewal is going to be refused pretty soon and you won't have very long on implied status (maybe another month at most). So without an approved LMIA, you're still in a situation where you won't qualify for a BOWP and will have to stop working soon.

 

[incanadainn]

Ok!

Yeah, all I see is a risk in withdrawing the current sponsor application and think about the rest of the category whether I am eligible or not!!
So I think we have decided to stick to the interview and prepare for it!

But can you please tell me one thing:

Currently my wife is not working though she is a PR due to some health problem. Is it mandatory for her to be in job when I go to the interview?

Are they going to ask her if she is stil working? how will you support eachother in Canada etc?

Kindly let me know, so that we need to act quickly on finding her a job too!

 

[andrew-brit]

Your wife does not need to be working to sponsor you, however you need to detail how your wife will support you, and how you will support yourself. Showing how you will support yourself becomes even more important due to your wife not working.