Visitor's Permit and Spousal PR application need HELP

[Confusia]

Hi Everyone,

Ive been browsing to this forum for a long time now hoping somebody would have same situation as mine but until now still can't find any answers to my problem. Here's my situation and timeline:

I was married in the Philippines June 2007 and got separated Aug. 2007 for Dubai when I found out he has a wife and 2 children who claimed to be the legal family. I never heard anything from him after then.

1. I came in to Canada *Feb. 2009 on a work permit as food service counter attendant.
2. *Dec. 2010 received a new work permit as food service supervisor on the same employer. It was valid until Dec. 2011
3. *May 2011 when my sibling requested for my certificate of NO MARRIED for the purposed of her educational scholarship. We found out that my marriage back then has a record to the NSO office.It appeared that I was the only one who was legally married to that person.
4. *July 2011 I filed a divorce here in Canada.
5. *Oct. 2011 My employer processed a new LMO before the expiry date of my work permit.
6. *Nov. 2011 I submitted an application for the renewal of my work permit while my LMO was on process
7. *Jan. 2012 we received the letter that the LMO was denied for the reason that my employer doesn't make enough effort to find Canadian/PR to fill in the job.
8.*Feb. 2012 as expected CIC denied my application for a work permit and lost my status. I was given 90 days to restore my status and that is until May 2012.
9. * March 2012 my DIVORCE was Granted.
10.* April 2012 ME and my common law partner for a year and a half got married and filed to restore to extend my stay in Canada as visitors permit as soon as we got the marriage certificate.
11. * May 2012 submitted my application as spousal sponsorship for PR In CANADA. Same month CIC emailed me that my application for visitor's permit was transferred to the immigration local office and they might contact me anytime.

Now here's my question:
1. how long would it take to get a response from immigration local office as I already waited for 2 months now. I wanna call them but im afraid they might find a reason to sent me home.
2.When I sent the spousal PR application to the CIC, do they informed you that they received the application already?
3. Is there a chance that i could get an open work permit on the first stage approved since i don't have the status while i filed for the spousal PR app? How long do I have to wait?
4. Is there a chance that they might not approve my application for visitor's permit and ask me to leave Canada and wait back home until my PR app decision?
5. Lastly If I could get the visitors permit approved, is it possible for me to apply for a work permit if I could get a positive LMO?

I am so confused right now and depressed staying home just by myself waiting for my husband to come home from work. Please I need some advice or anybody going through same situation.

Thank you.

 

[truesmile]

Hi Confusia and welcome to the forum,

I recall reading on the CIC web-site (sorry can't look for it now) that once you file application for PR 'Family Class' you no longer have to maintain your work permit status i.e. you can wait here for the outcome of that application. Now it seems with your timeline you have cut things a little too close so I'm not sure how that plays out. As to your questions here goes:
1) There's no saying how long you will wait for a reply, but the way I read it, you are allowed to let your work permt lapse (expire) as you have submitted an application for PR 'Family Class'. Once again noting your timelines might be questioned.
2) They will inform you once they have "opened" it, then upon 'sponsorship approval' and file forwarded to VO office in 'outland', I believe yours would be 'inland'. Expect this to be August with a few exception May applicants being approved for sponsorship this month.
3) There is no chance you will get an open permit as a result of a PR application 'Family Class'. If you want to work have your employer try again for an LMO. But I believe your 90 days has run out now and may need to re-apply for your work permit.
4) Since you have submitted an application for PR 'Family Class', I don't believe they will ask you to leave Canada now. Only once your PR application is ever rejected (IF rejected) would they do so.
5) No, a visitors permit wiill have no bearing on an application for a work permit. Apply for a work permit anyway (if they allow it from inside Canada, I have heard here "not") after getting a positive LMO.

 

[Confusia]

Hi Truesmile,

Thank you for the quick response.
In regards to question Number 1. I actually applied the visitor's permit during my 90 days restoration period just to gain a status. its been 2 months now of waiting. I applied first the visitor's permit(To have something "in process") to restore my status and then followed by PR "Family Class" application. You mean to say it doesn't matter anymore if they will not provide me the visitors permit since the PR "Family Class" was followed/submitted?
Number 2. It would be nice to know if they will inform me once they received the PR "Family Class" application but what do you mean by "Expect this to be August with a few exception May applicants being approved for sponsorship this month."?
Number 3. As what I heard if someone applied for "Inland" PR 'Family Class' you can apply for open work permit once approved for the first stage. In my case I've lost the status before I applied for "Inland" PR 'Family Class'. You mean to say that there's no way for me to apply for open work permit? Meaning I have to wait for 18-24 months to get my PR 'Family Class' approved and work again? (if getting a positive LMO's not an option)
5. Right now my LMO is on process. I'm just worried that if CIC will not make a decision yet for the application of my visitor's permit which I don't know when, I believe there's no way i could apply for the work permit since it will appear to have two application at the same time. I'm afraid that might lead them to deny both application.

Thank you.
Confusia

 

[truesmile]

I am a May applicant too. I am expecting approval to come in August BUT some May applicants are getting approvals now. Yes, the way I read it (not a lawyer by the way), once you file a PR application 'Spousal Family Class', you no longer have to maintain work permit status. Perhaps I dabbled to far into your open permit question... (our application is 'outland'), someone else please chime in on that one. So long as they are taking their time deciding on your visitor's permit, then let them take their time ... that's good for you. Yes I have also heard (and only heard) they don't like it if you having two application in process at the same time.

 

[truesmile]

One more "boo-boo" - OOPS! Sorry "C", but it just occurred to me that the time estimate for "inland" approvals is significantly different than for "outland". Our outland approvals take approximately 3 months, the estimate for inland approvals is 11 - 12 months.

 

[Confusia]

Oh! I thought CIC had speed up their processing time than the usual 11-12 even 18-24 months. That would be a relief for me. Are you currently outside Canada right now, That's why you submitted your application "Outland"? That's a good news, I'm happy to all Outland applicants! CONGRATULATION!Thanks for sharing Truesmile . Now back to my questions, hope somebody who has the same experienced or idea about the "inland" Spousal application, the visitors permit, open work permit and the waiting time.
Anything would be greatly appreciated.