US outland applicants' thread :)

[Rose2D2]

I feel silly asking this, but what's a visitor's record?

 

[Rose2D2]

I am spamming EVERYONE today.

So! Something: I got an email response to a question from Ottawa! It was a generic question, not file specific (I had the generic question and I asked about not receiving an AOR, and of course, they ignored my AOR question), but they're alive! I know that's not anything significant, but since no one (as far as I know) has heard anything from anyone in Ottawa, I feel good receiving even just a generic email.

Unrelated, does anyone know about applying for a study permit at the same time? Can you do that? I'm planning on going back to school once I move to Canada, but since I'm already 26, and it'll take my 3-4 years to graduate, I don't want to wait until my PR comes through.

 

[computergeek]

I feel silly asking this, but what's a visitor's record?

A document that indicates your status in Canada (a "visitor") and the date by which you must leave Canada (or apply for an extension of your visitor status).

 

[OhCanadiana]

Yup, for Graphic Design. I'm an illustrator with graphic design experience.

Nope, not at all. It's just some down time for marketing with my job so there's no books for me to paint for about 5 months. Can be a bummer. I'll be okay, but still wish I could find something to replace the income during said time.

It may be worth checking with a lawyer (or starting with CIC and reading the laws) because specifics really matter, under certain circumstances, you may be able to work online/remotely (incl., employer and clients are foreign and not Canadian, benefit is not for Canadian client or subsidiary of employer, you aren't removing a job from a Canadian/competing with the Canadian job market, etc.) you may be able to do some book design. You'll likely have to file a Canadian tax return (if you are in Canada over 183 days in the year) but you'd still be ahead.

 

[OhCanadiana]

I am spamming EVERYONE today.

So! Something: I got an email response to a question from Ottawa! It was a generic question, not file specific (I had the generic question and I asked about not receiving an AOR, and of course, they ignored my AOR question), but they're alive! I know that's not anything significant, but since no one (as far as I know) has heard anything from anyone in Ottawa, I feel good receiving even just a generic email.

Unrelated, does anyone know about applying for a study permit at the same time? Can you do that? I'm planning on going back to school once I move to Canada, but since I'm already 26, and it'll take my 3-4 years to graduate, I don't want to wait until my PR comes through.

You may have applications in parallel. Depending on how far along you are, check on the timing to make sure you'll likely get the study permit before the PR, though

 

[Rose2D2]

You may have applications in parallel. Depending on how far along you are, check on the timing to make sure you'll likely get the study permit before the PR, though

Oh, I'm a March applicant, with spousal approval in June, so I've got a ways to go

If for some reason the study permit were to get rejected (I looked into it, and I'm not sure if I have enough ties to the states - no property, I wouldn't have a job if I were to go back to school, my husband is in Canada, etc), would that hurt or prolong my PR application?

Btdubbs, you have answered most of my questions so far OhCanadiana. You rock!

 

[Kiri]

I'm sorry Kiri we had that same overpowering feeling in step 1.. This may sound weird but there is always babysitting/dogwalking/ housesitting.. I resort to those when i need extra money.. if you look at it 8-10$ an hr times 10hrs 80-100$ a week... What you charge is your decision... Dog walking 20$ housesitting 15-25$ a say and i charge between 10-15 for babysitting depending on kids etc..i know its something that was done when we were kids but it's still money!

My mother-in-law said something about baby-sitting as well. I had honestly forgotten about it! Thanks for reminding me. I have 5 siblings (and 4 of them between the ages of 6 and 13 .. lol yeah, I know for my age (28) that's a wow), and doing children's illustration as well as taking a behavioral psychology courses back in school would benefit experience with kids to show parents. I might see about this one! Thanks

I agree with cgangnon. That's what I was thinking too, Kiri. I mean about the ESL tutoring. Just do some side work. I've done tutoring in the past by posting an ad online, or at the university. Hamilton is a decent size city with a decent sized foreign community.

So ESL is teaching English? Well, I know basic Japanese and conversational Spanish so it could prove beneficial to help with teaching English to foreigners who may need someone to communicate a little in their language as well. What kind of money can be made doing that kind of work?

It may be worth checking with a lawyer (or starting with CIC and reading the laws) because specifics really matter, under certain circumstances, you may be able to work online/remotely (incl., employer and clients are foreign and not Canadian, benefit is not for Canadian client or subsidiary of employer, you aren't removing a job from a Canadian/competing with the Canadian job market, etc.) you may be able to do some book design. You'll likely have to file a Canadian tax return (if you are in Canada over 183 days in the year) but you'd still be ahead.

Yeah, I check out things online often, but I think I will broaden my search. Thanks



Thank you everyone, you've made me feel better about this situation!

 

[OhCanadiana]

Oh, I'm a March applicant, with spousal approval in June, so I've got a ways to go

If for some reason the study permit were to get rejected (I looked into it, and I'm not sure if I have enough ties to the states - no property, I wouldn't have a job if I were to go back to school, my husband is in Canada, etc), would that hurt or prolong my PR application?

Btdubbs, you have answered most of my questions so far OhCanadiana. You rock!

Happy to help

Having a denial can hurt (and it can hurt your chances to go in as a visitor also) - in the past, folks have mentioned VOs calling them suggesting they withdraw applications so they don't have the denial on their record as a consideration for the family class application. You can't count on them calling you, though, so you'd have to assume the risk of the denial and consequences thereof.

 

[OhCanadiana]

Question- because my profession is massage therapy, it doesn't need a LMO, but now that I have my medical done, I can go to the border, with it in hand, and get a permit? Even if my Visitor Record shows I'm prohibited from working?

Based on?

 

[computergeek]

Having a denial can hurt (and it can hurt your chances to go in as a visitor also) - in the past, folks have mentioned VOs calling them suggesting they withdraw applications so they don't have the denial on their record as a consideration for the family class application. You can't count on them calling you, though, so you'd have to assume the risk of the denial and consequences thereof.

Having a denial prior to applying can involve additional scrutiny, but a denial after should not have a material impact on a PR application, because it wouldn't appear as if your new application was due to the prior rejection, which is the primary reason that a prior rejection can be an issue. Further, because you have a PR application in process and are married to a Canadian citizen, on balance it helps your application chances. But nothing with respect to CIC is guaranteed, so it's always possible that if you are rejected for a study permit it might delay things.

Canada is considerably more lenient with US applicants than other countries as well. Certainly, one reason is that they don't think you're fleeing an oppressive environment in search of better economic opportunities and are thus likely to overstay your welcome. There have been many reports of people successfully obtaining visitor records, work permits and even study permits while they have a PR application in process.

 

[OhCanadiana]

Having a denial prior to applying can involve additional scrutiny, but a denial after should not have a material impact on a PR application, because it wouldn't appear as if your new application was due to the prior rejection, which is the primary reason that a prior rejection can be an issue. Further, because you have a PR application in process and are married to a Canadian citizen, on balance it helps your application chances. But nothing with respect to CIC is guaranteed, so it's always possible that if you are rejected for a study permit it might delay things.

Canada is considerably more lenient with US applicants than other countries as well. Certainly, one reason is that they don't think you're fleeing an oppressive environment in search of better economic opportunities and are thus likely to overstay your welcome. There have been many reports of people successfully obtaining visitor records, work permits and even study permits while they have a PR application in process.

I know folks have gotten approved before, and have even encouraged people to apply for visas during the process. In this case, I initially told the OP she can have parallel applications. However, I was answering the question on whether "it can hurt or prolong [the OP's PR] application."

There are multiple cases of VOs calling folks and saying 'I'm not going to approve this visa application for x reason and am calling to give you a chance to withdraw your application instead of having me deny it which will delay your ongoing spousal sponsorship PR application'. I was sharing this fact with the OP so they are aware. Do you have a source for the following?

Having a denial prior to applying can involve additional scrutiny, but a denial after should not have a material impact on a PR application...

 

[Tullysgirl]

Question- because my profession is massage therapy, it doesn't need a LMO, but now that I have my medical done, I can go to the border, with it in hand, and get a permit? Even if my Visitor Record shows I'm prohibited from working?

Based on?

First, I'm assuming a massage therapist falls under "Entrepenuer" and "Health Sciences" because in the States, we're considered Healthcare Professionals and I'd be self-employed. So, wouldn't need an LMO, just a medical exam and could apply at the border.
http://www.cic.gc.ca/english/work/apply-who-eligible.asp

Eligibility to apply as you enter Canada

You can apply for a work permit as you enter Canada, but only if you meet the following requirements:
•you are temporary resident visa exempt and
• your job does not need a labour market opinion from HRSDC (some exceptions apply)

(Entrepreneurs don't-Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada.)

or
•you hold a labour market opinion from HRSDC.



Depending on your intended occupation while in Canada, certain temporary foreign workers are required to undergo a medical examination. The following list provides examples of such occupations. This list is not all-inclusive.
1.Occupations that bring you into close contact with people, namely:

◦workers in the health sciences field
◦clinical laboratory workers
◦patient attendants in nursing and geriatric homes
◦medical students admitted to Canada to attend university
◦medical electives and physicians on short-term locums
◦teachers of primary or secondary schools or other teachers of small children
◦domestics
◦workers who give in-home care to children, the elderly and the disabled
◦day nursery employees

Sooo....do I have a leg to stand on here?? Am I reading this correctly?

 

[OhCanadiana]

What you quoted indicates "some types of entrepreneurs ... who will provide significant benefit to Canadians or permanent residents by working in Canada." [can apply for a work permit] So you need to check if you qualify for each bit of that statement.

To start off, FW01 (Temporary Foreign Worker Guidelines) indicates that

"If a permanent resident applicant [b]has met the definition of “entrepreneur” or “self-employed” (R97 to R101)[/b] and has been selected, they [b]may be issued a work permit if there are compelling and urgent reasons to authorize the entry of the person before processing is complete.[/b] They must demonstrate that [b]their admission to Canada to begin establishing or operating their business would generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents[/b] pursuant to R205(a)."

Do you qualify for each of the components?

Regarding medical, if you decide to apply for a work permit, the Visa Office reviewing your application should see the results of your medical exam in your file.

First, I'm assuming a massage therapist falls under "Entrepenuer" and "Health Sciences" because in the States, we're considered Healthcare Professionals and I'd be self-employed. So, wouldn't need an LMO, just a medical exam and could apply at the border.
http://www.cic.gc.ca/english/work/apply-who-eligible.asp

Eligibility to apply as you enter Canada

You can apply for a work permit as you enter Canada, but only if you meet the following requirements:
•you are temporary resident visa exempt and
• your job does not need a labour market opinion from HRSDC (some exceptions apply)

(Entrepreneurs don't-Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada.)

or
•you hold a labour market opinion from HRSDC.



Depending on your intended occupation while in Canada, certain temporary foreign workers are required to undergo a medical examination. The following list provides examples of such occupations. This list is not all-inclusive.
1.Occupations that bring you into close contact with people, namely:

◦workers in the health sciences field
◦clinical laboratory workers
◦patient attendants in nursing and geriatric homes
◦medical students admitted to Canada to attend university
◦medical electives and physicians on short-term locums
◦teachers of primary or secondary schools or other teachers of small children
◦domestics
◦workers who give in-home care to children, the elderly and the disabled
◦day nursery employees

Sooo....do I have a leg to stand on here?? Am I reading this correctly?

 

[Tullysgirl]

What you quoted indicates "some types of entrepreneurs ... who will provide significant benefit to Canadians or permanent residents by working in Canada." [can apply for a work permit] So you need to check if you qualify for each bit of that statement.

To start off, FW01 (Temporary Foreign Worker Guidelines) indicates that

"If a permanent resident applicant [b]has met the definition of “entrepreneur” or “self-employed” (R97 to R101)[/b] and has been selected, they [b]may be issued a work permit if there are compelling and urgent reasons to authorize the entry of the person before processing is complete.[/b] They must demonstrate that [b]their admission to Canada to begin establishing or operating their business would generate significant economic, social or cultural benefits or opportunities for Canadian citizens or permanent residents[/b] pursuant to R205(a)."

Do you qualify for each of the components?

Regarding medical, if you decide to apply for a work permit, the Visa Office reviewing your application should see the results of your medical exam in your file.

;D You are one amazing resource!

Well, IDK about all of those components....how would a Dr or Chiropractor show that they could do those things? Healthcare is entirely different. It involves a person's health and ability to function and thrive in their day to day activities. So, that category isn't even there. Sad. And Self-employed doesn't infer that I'd be hiring someone. Sheeshalouisa. Guess I'm waiting until the PR and hope the Medical is still valid. Oh heck, I may be a mom by then and will have my hands full.

 

[apstone]

Couple of things:

About the self-employed entrepreneur work visa, I am not sure it will work for you, as it did not work for me. I am a carpenter, and had a number of clients, ranging from small jobs for homeowners to a mid-size contractor who builds high end spec houses, that wanted me to work for them. I had letters, and my medicals and everything. I went to the border (Queenston) and asked about the permit. They immediately searched my truck, and my computer and my cell phone, which happened to be in the truck too. Proceeded to ask me questions for about an hour. Luckily, I didn't have anything incriminating on either device, or in the truck, and I answered honestly and truthfully. CBO told me that the visa is only for people investing serious cash into Canada and starting businesses with employees, etc. Basically told me the only thing I could do in Canada would be to wait for the PR. Even said that volunteering (at Habitat for Humanity for example) on a regular basis could be considered work, which is nonsensical.

Maybe your specific profession would allow it, but I was surprised at how much static I got from the border guys when I went down.

Basically you aren't even allowed to bust your ass for free. It is really too bad I am not in the position to buy a house and renovate, because at least that would keep me busy and pay off in the long run after obtaining PR and selling the house.

I did, however, talk with a friend who is friends with some cooks at a local restaurant, who are American. He says that the boss just had to sign off on the work offer and they were good to go. This was 2-3 years ago, and they are apparently still here and working, all legally. I highly doubted the process he was describing, but I guess we never know?

Second thing:
ECAS says my application was received 4/23. CIC now says it is up to 5/14 on processing. It has been nearly 4 months since I applied, and still have not received approval of the sponsor. The person on the phone said there was no info on my file, but there would be for my wife, who is the sponsor. It is harder for her to call CIC because she is working, and ff course, we didn't originally identify me as someone authorized to access the file. We have to print out a form and send it to Mississauga to have them answer questions I have about her file. I don't want to push my file any further down the pile.

Anybody have any approval info from April/May? I see the stuff on the spreadsheet, but it is getting frustrating checking my email and mail every day and having nothing ever be there.