Visitor Receipt/Application PR Questions...

[TheProfessorsWife]

Hello Everyone, I have never used one of these forums before but I am up for using every resource possible to aid this process! So I have a few questions I have not been able to get answered through the CIC website nor through going to my local immigration office in Vancouver.

Background:
My husband and I were married two months ago in the United States where we are both citizens, he is also a dual citizen between CA and US, he was born into it. We must send in application for sponsorship by Friday per the boarder agent who put the visitor record in my passport on July 1st 2011.
So first question... Is a visitor's record the same as being 'asked to leave the country' on the PR application?
Also, when the agent said we had to have our application in by Friday do we have to submit the whole application together (as I am still waiting on my FBI background check to come in still) or can we just send in his sponsorship application?
Third, because my VR is until December 31, 2011, do I/can I submit a work permit, open work permit, or visitor extension with his sponsorship application if we send the 2nd step (my PR app) later and is that the best avenue for submitting it or should I wait to do it later?

A little confused about all this.... I guess we should have submitted things state's side but then I wouldn't get to be with my hubby.... Thank you!

 

[CharlieD10]

Working on the assumption that you are planning to file Outland:

1.) No, a visitor's record is not the same thing. Being asked to leave the country means you were issued an order of departure or order of deportation.

2.) The entire application is submitted to CPC-Mississauga, both sponsor and applicant sections.

3.) Outland applicants do not submit WP/OWP with their applications, you would submit those separately to CPC-Vegreville. As your visitor record is good until Dec 2011, you do not need to apply for an extension on the VR until Nov 2011.

Working on the assumption that you are planning to file Inland:

1. Same as above.
2. The entire application is submitted to CPC-Vegreville, along with the application for an OWP.
3. See 2 above re OWP. Regarding the extension, same applies as for Outland, apply closer to the expiration date.

 

[TheProfessorsWife]

Thank you so much CharlieD10 we are planning on submitting inland I also went to ISS immigration service center today and they were quite helpful as well in looking over my documents with suggestions and all that jazz. Thanks again!

 

[CharlieD10]

No problem. Question, have you considered that applying Outland would likely be faster and also preserves your right to appeal? You must do as is best for your circumstances, but just in case no-one's said it, you may apply Outland while staying in Canada.

 

[TheProfessorsWife]

No no one told me that, the boarder agent said we have to have it in by Friday (tomorrow) "or else" so we've just been scrambling to put it through. How am I able to stay in Canada after that happens? I wont be able to send in a work permit or anything with that will I?

 

[sidkrose]

I've never heard of a Border agent imposing a timeframe like that, does it happen often? I didn't realize they could even do that. How are you supposed to get an entire application ready in a week? That's ludicrous. It's taken us MONTHS to prepare...

Good luck to you! And definitely consider Outland if you can, I think it is the way to go for people from Visa-exempt countries. You can stay in canada on a visitor record (and have it extended if need be) while the application is being processed. People do that all the time.

 

[TheProfessorsWife]

Thanks, if I send my outland app can I apply for my work permit as well? or will I have to stay on a visitors record? Also I can't find the 'open work permit' application on the cic website, is that different from the normal work permit?

 

[scylla]

If you're applying outland, then no - unfortunately you cannot apply for an open work permit. You can only apply for a open work permit if applying inland.

 

[Baloo]

No no one told me that, the boarder agent said we have to have it in by Friday (tomorrow) "or else" so we've just been scrambling to put it through. How am I able to stay in Canada after that happens? I wont be able to send in a work permit or anything with that will I?

How are you going to get medicals and police certificates in this timeframe?

What were the exact words the border agent used, was there a problem as you entered Canada?

If your VR is dated December 31, 2011, that is the date by which you must leave Canada (or apply for an extension of stay).
I have never heard of a case where a border agent issues an application deadline.
You will not be able to get police checks back from the USA in the time allotted.

 

[scylla]

I have never heard of a case where a border agent issues an application deadline.

A good friend of mine was issued an application deadline by a border guard.

She (American) married a Canadian about eight months ago and was spending a lot of time in Canada. They were working on the PR application but dragging their feet a bit. When she was traveling back into Canada after a short trip to the US two months ago, she was pulled into secondary and almost refused entry into Canada. She was finally allowed into Canada because she had a flight ticket proving when she was scheduled to leave again (three weeks from then). The border guard told her that she was spending too much time in Canada and needed to submit the PR application. He told her that he was making a record in the computer and that the next time she entered Canada, she must have the PR application submitted and bring proof to show that the paperwork is in. Not sure if this was a real threat or an empty threat (she got into Canada fine the next time around). However she was definitely given a very clear ultimatum.

 

[Baloo]

A good friend of mine was issued an application deadline by a border guard.

She (American) married a Canadian about eight months ago and was spending a lot of time in Canada. They were working on the PR application but dragging their feet a bit. When she was traveling back into Canada after a short trip to the US two months ago, she was pulled into secondary and almost refused entry into Canada. She was finally allowed into Canada because she had a flight ticket proving when she was scheduled to leave again (three weeks from then). The border guard told her that she was spending too much time in Canada and needed to submit the PR application. He told her that he was making a record in the computer and that the next time she entered Canada, she must have the PR application submitted and bring proof to show that the paperwork is in. Not sure if this was a real threat or an empty threat (she got into Canada fine the next time around). However she was definitely given a very clear ultimatum.

I can see in the case you describe it was a very clear ultimatum, I have heard of that before.
But I have never heard of a specific date being issued, certainly not a date that will be pretty much impossible to meet.

 

[TheProfessorsWife]

Well we had everything except the police background check with us as the border (which is on the way and has been for some time...) most everything was filled out and ready to go as we were almost 'ready' to put in our application so in light of that the border agent said to have it in by Friday; however, when my husband agreed to that he forgot he did not have with Option C tax form yet, nor my background check, so we are going to submit the PR App without those documents, with a letter of explanation saying why we don't have them because of the deadline the border agent gave us we had not gotten them in the mail (especially since the postal strike just finished...) I did my medicals in the states because prior to my husband's job promotion we were planning on putting the application in on the states side while waiting for my background check to come back as well as his Option C then he got the promotion which enabled us to have the funds to pay for the application and my way up. So we have already paid for an InLand App which is what we planned to do so I could come up here and we could be together for the process in Canada, so I guess I can't really do the outland application as we have already paid for the inland application :-/


This whole process has been intense to say the least. Is there any tips on what to or not to put in the application as we have already paid for the inland app and can't really go back...or can we?



Also -- I have had some trouble with the border agents in the past I was so scared to cross again because of my last experience where I was refused entry (and then allowed a month later into the country) and my husband came to Seattle to escort me across the border, and have lunch with my grandfather

 

[TheProfessorsWife]

If you're applying outland, then no - unfortunately you cannot apply for an open work permit. You can only apply for a open work permit if applying inland.

Do you know where I can get the 'open work permit' application? I can't find it....