OWP Question

[mexicanito]

 

  I have a question, Ok... so we sent our App (Inland) on Nov, was received on the 18th (2010) and began processing on dec 31st... so we are sooo close to 1st stage, I am an american citizen... I am dying to work, like seriously... I know it sounds funny but Oh well... my question is this... when we sent our app we did not ask for the OWP since we tought it would be as fast as the US (3 months) and after my 6 months here we did not extend my stay...  So when AIP is granted, will I be able to request an OWP??? PLEAAAAASE TELL ME YES hahaha...  Thank you in advance

 

[RobsLuv]

So you are out of status which, unfortunately, means your application will most likely be transferred from CPC-Vegreville to your local CIC office for special handling before first stage approval.  Unfortunately that's going to put you into the local office's processing timeline so all bets are off as far as when first stage approval (and your ability to apply for an OWP) will happen.  The instructions in the guide for inland applicants makes it very clear that it is your responsibility to maintain your temporary status while waiting for an inland PR application to be processed.  While CIC now allows spousal applicants who don't have valid temporary status to apply for permanent status, not having valid temporary status is an automatic transfer to a local office.  

So - the good news is that, yes, when AIP is granted you'll be able to request an OWP.  Bad news is: don't expect AIP to happen now within the 9-10 months timeline that CPC-Vegreville adheres to.  Local offices have their own timelines - if you live in an area where there's a high influx of illegals, you could wait up to two years for AIP.  Wish you'd realized that you have the ability to apply outland even while visiting in Canada and your application would likely have been finalized within the 9-10 month timeline that it takes just to get to first stage (and an OWP) with an inland ap.  If you end up with your application going to a local office with a long timeline, seriously consider withdrawing the ap and applying again outland.  There's nothing that says you can't do that - but do keep in mind that your status in Canada is no longer valid and the only way you can get new status now (aside from waiting for your local office to finish their assessment) is to leave Canada and (hopefully) get back in.  You've made a common mistake and pretty much backed yourself into a corner.  I never, ever recommend that US citizens apply inland. There is absolutely no advantage to us in doing so.  Sorry.  

[mexicanito]

Ohhhh God... I really hope I am not one of those cases... we just recently called and they said I should be granted AIP in less than a month, this was a week ago... wouldnt it say on e cas that our file was transfer to another office??? now I am crossing my fingers and the operators at the call center are mean because we call like a couple of months after we sent our application, told them the situation and asked if we needed to do anything else, she said we were fine... So I would have to leave the country and try to enter again??? and then apply for outland? aaaaaauuughh.. this immigration process... lol, we may just go back to the states if it gets too complicated...

[RobsLuv]

You don't have to be out of Canada to have your application processed through Buffalo.  That comes by virtue of your status as a US citizen.  You would have to include a US residential address on the application, but they don't use that address to contact you - so it can be the address of a family member.  You can use your address in Canada as your mailing address and then they will send all correspondence to you in Canada.

If you want to get valid temporary status in Canada again, you'd have to leave Canada.  You're not supposed to stay in Canada longer than six months without applying to extend your status - but they don't track departures so they're not going to know if you left or not.  If you had understood the requirements of the inland process, you could have included an extension/OWP application WITH your inland PR ap to protect your status, and then they would have issued the OWP as soon as your first stage assessment was completed.  Now that will most likely be delayed; by how long depends on how busy your local CIC office is. 

I'd say wait and see what happens.  There won't be any notification either way until they have opened the application and begun the assessment.  Right now they are beginning assessment on applications received on October 12, 2010, so it's probably another month before you hear anything.  It's after they begin assessment and they discover that you are out of status that a transfer is likely to happen - they will send you a letter telling you that the application has been transferred to your local CIC office.  At that point you can contact the CIC call centre and they should be able to tell you what the processing timeline is for finalizing a spousal case through that local office.  Then you can decide whether it's best to withdraw and start again outland - which will take approximately a year - or wait out the inland processing.  If you decide to keep the inland application, DON'T leave Canada - if you can't get back in, the application is forfeited.    

Believe me, the Canadian process is a lot less complicated than the US immigration process, so my advice is to hang in there and wait it out.  You can always come back here for advice, or visit the US2Canada website for more info.