Visa expiring, need to go home a few months, need to apply for OWP

[quercus]

Hello!

I am an American applying for PR with my Canadian citizen common-law partner. We would like to get my work permit as soon as possible, so we want to apply inland, but today I was offered a very good, and temporary job back home. I have read about dual intent and temp residents with inland PR applications, but it has been made very clear to me that I am NOT a temporary resident, I am a VISITOR.

My questions:
First off, for IMM 5710, COMING INTO CANADA Q#4, it asks for "the document number of the most recent Visitor Record...issued to you." I can't figure out which number they want. The the red number in the top right, the number in bold directly underneath it, or the Application #?

I know, it is highly recommended to stay at least until I get an AIP, but are there regulations on how long a person needs to be in Canada to be considered inland? I've lived here over a year, it is clear I plan to return, I just have a very good opportunity and bad timing. I will take with me copies of my PR application, proof of funds (bank receipts after my job is over and my partner's proof of employment), if that might help.

We would like to apply before I go, so I'll get the OWP sooner, but if it's a terrible idea, is it possible to get my visa extended? I know in some countries leaving for a while can refresh your visa, but I've heard nothing about it here.

Thank you for your advice and for all the work you have done for immigrants. I'm reading through the spreadsheets and Google Docs. It is infinitely helpful.

 

[Ponga]

It is a requirement that you be IN Canada to submit an Inland application...and to remain In Canada for the duration of the process. As soon as CIC learns that you've returned `home', your Inland application may become toast. For the record, as soon as CIC receives a sponsorship application, a person can be considered a deemed resident.

As soon as you leave Canada, your visitor status leaves with you. You will need to be re-assessed when you come back to Canada.

Are you aware that most Americans complete the PR process in ~4-8 months? Why not submit an Outland application now and hopefully you'll have your PR approved before you're ready to return. Even though you wouldn't qualify for the OWP, you'd be DONE sooooo much faster than an Inland applicant.

 

[quercus]

We're ready to submit the application. I would be IN Canada when we submit it, but it is in our best interests, as far as my furthering my career, for me to take this job for 1-3 months.

The work permit is the most important thing to us right now. My understanding is that applying outland, his sponsorship could be approved within 2-3 months, but it will take another year before I could get a work permit (with my PR). If we do the inland application, PR could take longer, but I could have an OWP within 4 months.

Though, if the regulations are changed, I could get my PR "automatically," would that mean after his 2-3 months to be approved, I could have PR, and therefore a work permit? The articles about this say that it can take 2 years for the sponsor to be approved, and another 2 years for PR to be granted. That doesn't seem to be the case for people in the forum.

I have not read that leaving the country means your application is automatically denied, but that it could be. Am I mistaken?

Sorry for all the edits, my brain is slower than my typing sometimes.

 

[canuck_in_uk]

Apply outland.

A basic requirement to apply inland is that you be cohabiting with your partner IN CANADA. As soon as you leave, you no longer meet the requirements and if CIC finds out (and expect that they will find out), your app is done.

Also, the term Temporary Resident applies to anyone legally in Canada that is not a citizen or a PR, including visitors.

 

[km9203]

We're ready to submit the application. I would be IN Canada when we submit it, but it is in our best interests, as far as my furthering my career, for me to take this job for 1-3 months.

The work permit is the most important thing to us right now. My understanding is that applying outland, his sponsorship could be approved within 2-3 months, but it will take another year before I could get a work permit (with my PR). If we do the inland application, PR could take longer, but I could have an OWP within 4 months.

Though, if the regulations are changed, I could get my PR "automatically," would that mean after his 2-3 months to be approved, I could have PR, and therefore a work permit? The articles about this say that it can take 2 years for the sponsor to be approved, and another 2 years for PR to be granted. That doesn't seem to be the case for people in the forum.

I have not read that leaving the country means your application is automatically denied, but that it could be. Am I mistaken?

Sorry for all the edits, my brain is slower than my typing sometimes.

As soon as you get PR, you can get a SIN number and work...not sure where you read that it takes a year after getting PR to work? You don't need a work permit once you have received PR. Apply outland (coming from someone who applied inland)

 

[quercus]

Y'all are awesome, thank you so much!

As CDNPR2014 put it in the recently posted "Sponsoring spouse from USA" topic:

it's best to be applying outland, which means there is no eligibility for a work permit.

It is confusing to me, because put like this, it sounds like you get PR then apply for a work permit. To really drill this into my dense skull: applying outland, I will not include an application for OWP? It'll just be automatic/implied with PR?

We do live together, and have for years, even if I leave for a couple of months. I assume that applying outland, they will not require that I be physically inside my house?

If I don't intend to work with children or in health care or agriculture, do I need a medical exam? Some things say I do, others seem to say I don't. If I do, will it slow my application if I have to submit it separately?

Clarification, not questions:
I've been corrected by the border & CIC on the phone when I've called myself a temporary resident. I don't have a temp res visa, I have a "visitor record," and they consider me a "visitor." I haven't had to apply or pay for my visa/record, it's been stapled into my passport and renewed as needed, after they've made snide comments about my overeducation and lack of ring on my finger :

Finally, for anyone who hasn't submitted their FBI paperwork, the FBI received mine Oct 31, 2015, and I didn't get my response until Feb 28. They are not kidding about taking 15-18 weeks (I think applying right before the holidays slowed me down by 2-3 weeks). Good luck!

 

[MilesAway]

You need to get a medical.

If you apply outland, you can't get an OWP. You will have to wait until you are a PR and thus eligible to work. PRs do not need work permits.

 

[yvr1234]

As a PR, permanent resident, you get almost all the rights that a citizen does except voting and a few other not so day to day thing.
It's similar to getting a green card.
So you don't need any additional work permit to work legally.

 

[quercus]

Thanks, everyone. Working on the outland forms now, luckily there's a lot of overlap, but sheesh, 5540 is a doozy!

 

[newbeginning102015]

I am also from the US and applying for PR. I haven't submitted my application due to FBI hasn't send me my background check. I sent my request back in Oct2015 and have called them every week to follow up! They are indeed taking forever!

May I ask why your Visa got expired? I suppose you're a U.S citizen as me. I moved here in Oct 2015 and my 6 months visa is getting expired next month so i plan to leave for a couple weeks then come back. I am hoping they will renew my Visa when I come back. Can you share your experience?
I don't know anyone applying for PR from the US. so it will be good to learn about your experience.

Thanks!

 

[quercus]

FBI hasn't send me my background check. I sent my request back in Oct2015

Oh wow! My timeline:
31 Oct '15 According to USPS, FBI received my request.
17 Feb '16 I called the FBI, they said they were opening mail rec'd Oct 26.
26 Feb Called again, told it had been processed.
29 Feb FBI report received.
Are they telling you they haven't even opened it yet?

May I ask why your Visa got expired? I suppose you're a U.S citizen as me. Can you share your experience?

I'm an idiot and moved up here with a month left on my passport. So my first visitor record/visa expired with that passport, but as soon as we were across the border I renewed the passport, then I flagpolled to get the new, 6-month record/visa. My favorite quote from that experience: "If and when you decide this relationship is going anywhere, you might consider applying for permanent residency." Thanks, man!
When that was due to expire, we flagpolled again. The guy gave me another 6 months. Favorite thing about that one: Though my partner was right there with me and we had leases and other proof that we are common-law, he took the "common-law" comment off my visa/record.
When that was due to expire, the nice lady gave me another 6 months, but told me that it was highly unusual and there was very, VERY little chance it would be renewed again, unless I applied for PR.

I have no idea why we were so sure we could renew so many times. My understanding is it's common for an American to get 6 months and be able to renew it ONCE for another 6 months, then they want you to get PR. We were lucky.

I don't know anyone applying for PR from the US. so it will be good to learn about your experience.

There's a thread here dedicated to US PR applicants. I can't post URLs, but it's easy to find.