Common-law Visa in process, getting a work permit

[Sesquipedal]

Hello,

My friend is applying for a common-law visa with her partner.
She is Japanese, and living in Canada with him.

She didn't renew her visitor visa, because the office said since she is the process of the common-law, a visa is not needed.

Now, she received a letter saying she needs to get the fingerprints, and send them to FBI.
The letter also says she can now apply for a work-permit.

Great news!

However, 2 problems occurred.
1)
the Police station she went to will not give her fingerprints unless she has a visa that is not expired.
She gave them the paper that states to show the paper to get the fingerprints, however they did not look at it and said it doesn't matter.

2)
We went online to apply for an open work-permit for her.
When we finished entering the information in, the application online said because her visitor visa expired less than 90 days ago, she has to pay 200 dollars on top of the work visa fee. To re-enable the visitor status.

Questions:
- Is the police station correct? Does she need a valid visa before they will give her fingerprints to send to the FBI?
(the rep at immigration canada said she does not need any kind of visa to get the fingerprints)
- Is there any way around this 200 dollar fee? Since she is not changing her status, just merely getting a open work permit as per the document she received saying she /can/ get a open work permit?


We are worried that the rep was incorrect, and that she needs to have a visitor visa, and if she does not renew before the 90 dyas are up, she will be thrown out of the country.

Her visa expired about 60 days ago, so applying for a new visitor is no problem if she has too. However, seeing that the common-law visa is being processed, she was sure this was not necessary.

Thank you for your time, in hopes of a reply~

 

[heatherusa]

Hello,

My friend is applying for a common-law visa with her partner.
She is Japanese, and living in Canada with him.

She didn't renew her visitor visa, because the office said since she is the process of the common-law, a visa is not needed.

Now, she received a letter saying she needs to get the fingerprints, and send them to FBI.
The letter also says she can now apply for a work-permit.

Great news!

However, 2 problems occurred.
1)
the Police station she went to will not give her fingerprints unless she has a visa that is not expired.
She gave them the paper that states to show the paper to get the fingerprints, however they did not look at it and said it doesn't matter.

2)
We went online to apply for an open work-permit for her.
When we finished entering the information in, the application online said because her visitor visa expired less than 90 days ago, she has to pay 200 dollars on top of the work visa fee. To re-enable the visitor status.

Questions:
- Is the police station correct? Does she need a valid visa before they will give her fingerprints to send to the FBI?
(the rep at immigration canada said she does not need any kind of visa to get the fingerprints)
- Is there any way around this 200 dollar fee? Since she is not changing her status, just merely getting a open work permit as per the document she received saying she /can/ get a open work permit?


We are worried that the rep was incorrect, and that she needs to have a visitor visa, and if she does not renew before the 90 dyas are up, she will be thrown out of the country.

Her visa expired about 60 days ago, so applying for a new visitor is no problem if she has too. However, seeing that the common-law visa is being processed, she was sure this was not necessary.

Thank you for your time, in hopes of a reply~

It is the responsibility of the applicant to maintain valid legal status in Canada.

It is too bad that she didnt chose to read the application guide herself as this information is clearly stated in the document...


"You must have legal temporary resident status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary resident status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit.
CIC will process your application for permanent residence on a first-come first-served basis. However, we receive large volumes of applications for permanent residence and cannot guarantee that all processing procedures will be completed before your temporary resident status as a visitor, worker, student or permit holder expires.
Your responsibility
It is your responsibility to ensure that your temporary resident status remains valid until you receive permanent resident status. When you leave Canada, you relinquish your temporary resident status and may not be able to return to Canada."


As for having legal status to get the fingerprints.... that could just be the police station that she went to as I believe that other members on the site have been out of status and gotten them - either way she should get her visitor visa redone immediately.

Someone else who has more experience with this will hopefully weigh in on how to go about getting the Visitor Visa as I dont know if there is something different that should be done since the PR application is so far along.

 

[RobsLuv]

She is out of status and beyond the 90 days allowed to restore status. The inland application will go to the local CIC office for assessment, which can delay finalization. As far as the fingerprints for the FBI, I agree that it's probably the police station she went to because I wasn't made to show them I had valid temporary status when I went to get my fingerprints done for my FBI clearance. Try another police station - or contact Commissionaires. They do prints also, but they're expensive.

 

[Sesquipedal]

heatherusa:

Thank you kindly for the information! It is what the Immigration office ended up saying when I called them today as well. Odd that she was told something else by the same place long ago.

Robsluv:

Thanks as well for the reply. She is not over the 90 days, so paying the reactivation fees, biting that bullet, and all should be well.

They went back to the police station and it was a no-go. They pulled the "need a visa" again because it was on record that she came the day before. The others here in Edmonton don't do fingerprinting, hey said when I called. Only the main office.

There is however a fingerprinting sevice company that is in Edmonton. Do you think we can go there?
I am not sure if I am able to post links, but if you search abfingerprinting (all one word) it should be the first link.
They do this all official for the RCMP and even the FBI, so I don't think it would be an issue to go there instead. Sound good?

 

[rjessome]

Sounds fine. RobsLuv also suggested commissionaires and they have an office in Edmonton as well and provide excellent service. Here is their link. http://www.commissionaires.ca/national/en/locations-office/loc-edmonton-regional-headquarters/

The call centre person you talked to first probably thought that the wife/partner had applied for an open work permit at the same time they applied for inland sponsorship. If that had been the case, she would have been on implied status and received the permit when she received AIP. But since she didn't, no implied status for her. So yes, now she must pay the restoration fee as well as the work permit fee. But as she is within the 90 days and has first stage approval, this should be approved without a problem.

 

[Baloo]

heatherusa:

Thank you kindly for the information! It is what the Immigration office ended up saying when I called them today as well. Odd that she was told something else by the same place long ago.

Sadly, that happens a lot.