Can I work?

[Princescyther]

We really appreciate your help Cats!

We have a joint rental agreement on our apartment, I have a Canadian driving license, we purchased our car together and the insurance is in both our names, we are meant to be flying to Mexico together in April for her brothers wedding and up until today I was working (Well I have yet to put in my notice because I only read the letter today).

I would like to avoid the use of any lawyers really.

We reside in Fort Mcmurray, Alberta.

Is there a phone number for someone we can call? CIC doesn't really give you too much in terms of actually being able to talk to someone directly about specifics. I guess they would be never off the phone if they did offer such a service.

I think we have already decided on Inland to be honest. I am more than happy to stay in Canada for the duration of the process even if that means missing out on the wedding. Inland is defo the one for me the sooner I can get back to work the better.

 

[CheshireCats]

In that case, can you visit the U.S. let's say for a day or two? Make sure CBSA knows that you left Canada, and then return (or attempt to do so) as a visitor. You won't be able to restore your status now. Inland could be risky if you have to leave before AIP comes in, since inland applications are abandoned once you leave Canada. You CAN actually apply 'outland' even IF you are in Canada, which has a 60 - 90 sponsorship approval timeline, and then your PR application is processed out London. The snag with 'outland' is you're not allowed to work until the whole process is complete and your application has been decided upon.

I was thinking something along the same line. You might have a problem getting back into Canada as a visitor though because of your letter but if you do and apply outland from within Canada...the worst case would be if you were called for an interview nearing the end of your application, you'd have to go back to the UK for that interview...so what, outland is SO much quicker then inland.
It is that letter you've rec'd and as someone above posted, you do not want that to turn into a deportation issue!!!

By looking at your timeline and the length of your relationship and your age I am going to guess that you came here on a working holiday and then met your now partner... Am I right??
So CIC knows nothing of your common-law relationship!!! Your common-law relationship gives you ties to this country now.

I know its a crappy scenario but let's say...you book a ticket and book it for like a month from now (not sure if this will work???) but when you have the ticket booked for a month from now, you go to your local CBSA office and ask them for help...as long as you have that ticket booked they will be satisfied with the fact that you are leaving and we have had many dealings with the CBSA, as scary as they seem, they are very helpful!!!

You really honestly need to talk to a lawyer...not necessarily to do the PR application but for a consultation...an Immigration Consultant to lead you in the right direction.
Your application, even though it might be painstaking to do...most people on this site would gladly help you with it...

 

[AnaMaria]

You can certainly try to come back in as a visitor but you might be denied because of the history. Assuming your VO would be London, you might be able to get your PR within 6 months from the application. During that time, your partner can visit you. That seems to be safer way than you trying to get back in, I suppose.

 

[Princescyther]

Cats:

I was on a holiday work visa correct but I met my gf in 2009 and we were in a long distance relationship up until I got the holiday work visa and then we moved into an apartment together (to test the waters so to speak lol).

So if i book a plane ticket for say Feb 15th and have proof of that ticket. I can then go to CBSA on Monday(What does this stand for btw?) and speak to them regarding my options?

Regarding Outland and Inland though, with outland im probably not going to be able to work for like 12 - 18 months right? But with inland if i reach the first stage (within 6 - 8 months) I can get a OWP then right?

However you said Outland is easier and quicker?

AnaMaria:

So I apply using the outland route from within London, UK and then just wait it out there?

 

[CheshireCats]

We really appreciate your help Cats!

We have a joint rental agreement on our apartment, I have a Canadian driving license, we purchased our car together and the insurance is in both our names, we are meant to be flying to Mexico together in April for her brothers wedding and up until today I was working (Well I have yet to put in my notice because I only read the letter today).

I would like to avoid the use of any lawyers really.

We reside in Fort Mcmurray, Alberta.

Is there a phone number for someone we can call? CIC doesn't really give you too much in terms of actually being able to talk to someone directly about specifics. I guess they would be never off the phone if they did offer such a service.

I think we have already decided on Inland to be honest. I am more than happy to stay in Canada for the duration of the process even if that means missing out on the wedding. Inland is defo the one for me the sooner I can get back to work the better.

Canada isn't about breaking up families...and I can know first hand what you and your partner are going through right now, been there CBSA showed up at our door last Xmas, 1 week before Xmas with deportation papers in hand for overstay and took my husband away while my 10 yr old son was standing there in his undies crying at 6am. They released him to get his paperwork in order because they were satisfied with his ties to the country...your lease, car insurance and everything else you can prove are your ties. Start getting those things together.
You can get free consultations or even meet with someone at a low cost to get guidance but please, get your 'ducks in a row'
Research your flights, have the money in your bank for the flights or even book your flight for 6 weeks from now, Air Canada will allow you to change your itinerary for 50 bucks...have that all printed out and ready to show if need be. Have all your ties/documents in a folder just in case!!
Don't panic! Yet LOL

http://411.ca/search/?lang=en&q=Immigration+Consultants+Fort+Mcmurray+Alberta&p=1&qid=1

There's a little list of Ft. Mac consultants...not many there but I'm sure there are more...Monday morning, get on the phone!

You won't be going to Mexico for a wedding in the spring, and it will be a while before you can work, so if financially that won't fly for you and your CLP...then maybe you might want to go home while the outland application is in process...first stage is for UK is saying 55 days and then 2nd stage is saying 9 months...you could be back here with PR by this time next year.

 

[CheshireCats]

Cats:

I was on a holiday work visa correct but I met my gf in 2009 and we were in a long distance relationship up until I got the holiday work visa and then we moved into an apartment together (to test the waters so to speak lol).

So if i book a plane ticket for say Feb 15th and have proof of that ticket. I can then go to CBSA on Monday(What does this stand for btw?) and speak to them regarding my options?

Regarding Outland and Inland though, with outland im probably not going to be able to work for like 12 - 18 months right? But with inland if i reach the first stage (within 6 - 8 months) I can get a OWP then right?

However you said Outland is easier and quicker?

AnaMaria:

So I apply using the outland route from within London, UK and then just wait it out there?

CBSA stands for Canada Border Services Agency...they are the 'men in black' .. the ones that came to us with the deport papers LOL
If you apply outland, NO you cannot apply for a work permit in Canada and in all honesty, I know nothing about outland apps. With inland, if you send in your application for an OWP with the PR application, once you hit the first stage...thats the AIP (approved in principal) ... they approve your sponsor...then you can work while you wait for the rest of your application to go through. Outland is faster, but there are some downfalls to applying outland. The link I posted before explains that, I'll post it again. It explains the difference of applying inland or outland:

http://www.canadavisa.com/canada-immigration-discussion-board/-t46995.0.html

There is a major reason why you want to work!! Is it because financially your partner can't make it without you?? Or is it because you don't want to be bored???
It is illegal for you to do ANY kind of work in Canada while waiting but if you think your circumstances justify the issuance of a work permit before first stage then you will send in the OWP app along with the PR app and a letter accompanying it describing why!

Relax for tonight, you've had a crappy day. Tomorrow morning start looking up flight options so you have them on hand, and really...try to enjoy your weekend. Come Monday you have a lot to do.
Feel free to private message me at any time, and I'll do what I can to help

 

[AnaMaria]

AnaMaria:

So I apply using the outland route from within London, UK and then just wait it out there?

You can certainly try to come back in to Canada while you wait for approval but your chance for rejection at the entry may be higher than before. You may have a better chance if you try after the first stage approval via outland. But if you get rejected, this won't affect your PR application. You should check your London thread for timeline. The processing time on the CIC site is not average, time it takes to process 80% of them. If your case is straightforward and you have good and solid evidence, your processing time would be much shorter.

 

[Princescyther]

Cats:

That sounds awful Cats! Really puts things into perspective for the rest of us. Im happy you managed to get it sorted out though.

Well my CLP is all too happy to sponsor me for like 6 - 8 months and im sure more if it comes to it but its not really feasible for her to sponsor me for 2 years straight and really not fair. Its not really the money side of things its more my pride (I wanna be a contributing member to the household) to be honest and the overwhelming guilt would torture me lol.

I did read the post you sent and we are both really appreciative for that. So im seeing our best option is to apply outland while I stay in Canada as a visitor?

My girlfriends dad is an RCMP officer at the training camp in Regina, SK lol I wonder if that will help my case?

AnaMaria:

How long can a person from the UK stay in Canada without a visa? Like as a visitor to the country if of course I'm even allowed back?

 

[Princescyther]

Canada isn't about breaking up families...and I can know first hand what you and your partner are going through right now, been there CBSA showed up at our door last Xmas, 1 week before Xmas with deportation papers in hand for overstay and took my husband away while my 10 yr old son was standing there in his undies crying at 6am. They released him to get his paperwork in order because they were satisfied with his ties to the country...your lease, car insurance and everything else you can prove are your ties. Start getting those things together.
You can get free consultations or even meet with someone at a low cost to get guidance but please, get your 'ducks in a row'
Research your flights, have the money in your bank for the flights or even book your flight for 6 weeks from now, Air Canada will allow you to change your itinerary for 50 bucks...have that all printed out and ready to show if need be. Have all your ties/documents in a folder just in case!!
Don't panic! Yet LOL

http://411.ca/search/?lang=en&q=Immigration+Consultants+Fort+Mcmurray+Alberta&p=1&qid=1

There's a little list of Ft. Mac consultants...not many there but I'm sure there are more...Monday morning, get on the phone!

You won't be going to Mexico for a wedding in the spring, and it will be a while before you can work, so if financially that won't fly for you and your CLP...then maybe you might want to go home while the outland application is in process...first stage is for UK is saying 55 days and then 2nd stage is saying 9 months...you could be back here with PR by this time next year.

Quoting from the post you sent:-

The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months.

Doesn't that suggest that Inland is faster in terms of me being able to work? If i send in the app for a work permit at the same time like you suggest then if all goes well after 6 - 8 months ill be back on the job?

 

[amikety]

Just an FYI, IEC work visa aren't extendable. You never had implied status on that working visa or the extension because there is no extension. This is the reason you're getting the letter to leave immediately. You have been working illegally.

At this point, it is best to leave before you're served with a deportation order.

You can try to return to Canada as a visitor, but in my opinion, you're likely to be rejected because of the first issue I raised. If you apply Outland, once you have your Stage 1 approval (AIP, Sponsor approval, all the same thing), there's a better chance they would admit you.

Inland Stage 1 is 6 months. Another 2 months usually to get the OWP if you apply and pay the fee at the same time as your PR application.

Outland for London VO is 6 months of less in 80% of cases for Stage 2. As you can see, the speed is actually faster for most London cases. Yours, however, may be more complicated. Especially if you wait and get a deportation order. That will slow down your PR process by a few months.

Other than that, you have a strong case for PR.

Here is where you got confused - CEC (Canadian Experience Class) does require two years working experience for PR. Spousal, however, does not. As common-law partners, you were allowed to apply once you had 12 continuous months of cohabitation. You've far exceeded that - and that's why I say your common-law case is strong.

My recommendation - leave now, don't waste money on a consultant (I've found them to be less knowledge than members on this forum and just plain wrong sometimes), go back to the UK and file your Outland spousal application as soon as you've completed all processes and have a well thought out application. This includes waiting for the police clearance, even if it is slow. I wouldn't even consider trying to re-enter Canada until you have Stage 1/AIP at the very least.

 

[Princescyther]

Hey, Wow thanks for that useful post.

I had no idea my visa wasn't extendable? In the acceptance email I received from the IEC and on the back of the visa itself it gives you a number to call to extend the permit so i assumed that this was the case. No where did I read that the visa wasnt extendable.

As soppy as it sounds I really don't think I can live without my partner for 6+ months :'(

Can anyone confirm that there is noway I can get this sponsorship application underway while still in Canada?

 

[Sweden]

Hey,

I agree with the previous postings. In my opinion, here what is the best ( of course, it's only my opinion!).
- leave - as soon as possible, and make sure you register at the airport and let them know that you are leaving. It's not automatic, so specifically ask for it, so you will have a proof that you have left the country as soon as you were asked to, so it doesn't become a deportation order - much trickier later on.
-go back to the UK, and prepare the application... it usually takes about 2 to 3 weeks if you put efforts into it. Start by ordering criminal records from every country you have lived for more than 6 months. Print out the forms, get familiar with what you need, and start. Both you, and your gf/CLP. there are quite a few papers to fill out and proofs to get, so it will keep you busy! Do it from the UK, and send your part to your partner when it's ready.
-She completes her part and applies - sends everything to Mississauga, for outland application ( you're still in the UK at that point).
-Once you get stage 1 approval ( sometimes 30 days, up to 50, but most of the time 30 days), then if you want, you can try to come back - by then it will be about probably 2 months apart from your partner. No guaranty that they will let you in, but you can try!

-Prepare yourself for coming back, and come back with a return ticket ( get a fully refundable one if you don't intend to use it). Consult with the Canadian embassy in London on what else you could do to help your case and not get denied entry at the border...Once you arrive in Canada, tell them that you are coming to visit your gf, and you intend to stay 4 months (let's say!) and show the proof that you're leaving - your return ticket. Hopefully they will let you in. Have with you the proofs that you have a PR application but if not asked for it, don't mention it - other people might have a different opinion on that one.

London has a 9 months application time stated on the website, but it ca go much faster. if you look in my signature you can see the London spreadsheet, quite a few people are done in london around 120 days - 3 to 4 months is standard for quite a few applications - straightforward cases. So potentially, you could have your PR much faster than the first stage inland... and inland is not an option if you are not allowed to be in Canada anyway.

so - it means a few months apart, and it's not ideal but your best bet is to comply with the letter ( and make sure that you are registered at the airport), so that you have go on with the PR application without a deportation order, and come back soon enough.

be open in your application about your situation.

Good luck,
Sweden

 

[Sweden]

If they let you in the country when you return after having filed your application outland, and having the first stage approved, you won't have implied status or anything like this. but since you are from a visa-exempt country, you're allowed to stay up to 6 months. It's up to the border officer to decide how long they will let you in the country. You might only be given 1 month, or more - but if you're in Canada, then you can apply to extend your visitor status, and wait out your PR - so you won't necessary have to leave at the end of your visitor visa. The essential part would be to get you in the country. It might be wise to get a return ticket with a relatively short return date ( let's say a month) and avoid bringing too many things in the country. Carry proofs with you that you have ties to the UK - you might not be asked for anything, but given the letter that you have been sent now, you never know

Once you're in Canada, you can keep on extending your visitor visa until your get your PR. Once you get the COPR ( confirmation of PR), you only need to flagpole (go to the US and back) to land and become a PR - no need to go back to the UK.

the only "tricky part" is that if you are asked for an interview you would have to fly to the UK. Very few visa-exempt are asked for interviews, but it's always a possibility. However, if you prepare well your file with all relationship proofs etc, you lessen the risks - so it's worth spending time and preparing well your application. With a history dating from 2009 and more than 12 months of cohabitation, it should go well!

Good luck,
Sweden

 

[amikety]

Hey, Wow thanks for that useful post.

I had no idea my visa wasn't extendable? In the acceptance email I received from the IEC and on the back of the visa itself it gives you a number to call to extend the permit so i assumed that this was the case. No where did I read that the visa wasnt extendable.

As soppy as it sounds I really don't think I can live without my partner for 6+ months :'(

Can anyone confirm that there is noway I can get this sponsorship application underway while still in Canada?

Realistically, I don't think you'll have time. The application takes time to put together because you have to wait on items to come from CRA and the police. You do not want a deportation order - namely because they may deport you. It would make returning to Canada harder.

If you decide to consult legal assistance, I would consult with a lawyer, no less. I would even call to Edmonton and Calgary and ask for phone or Skype consultations. Find a lawyer with experience in overstay cases. Be careful what the lawyer tells you. In fact, if the lawyer has some miracle cure, come back here, create a new post and relate the lawyer's advice in relation to your current situation.

 

[Princescyther]

Hello all,

I thought I would post a quick reply letting everyone know my current situation.

So, I called CIC asking them the details on why my app for an extension to my work permit was refused and basically the extension could only be done from within the UK and not within Canada? So anyways I asked the extremely helpful guy on the phone what my options were and he told me the following: -

I have 90 days from 15th Jan to reapply for an extension to my stay in Canada as a visitor, at the same time I can apply for the sponsorship visa and open work permit visa too. While those are being processed I'm allowed to stay in the country with implied status if my visitor visa runs out during the process which he says it most likely will.

So the good news is I don't have to leave Canada right now or possibly ever if all goes well and I can apply for another visa while still in the country, although im obviously unable to work until the first stage of the sponsorship app is complete and im given a work permit.

I give my greatest thanks to everyone on this forum who supported me on Friday after I got the letter of refusal and was literally in a massive panic lol. I also hope this helps others who may be in a similar situation.