Guys - Need your help pleaseeeeeee - if I can convert my outland to inland

[meandmyson]

I myself (wife ) itself am posting now form this ID... Pleaseee someone help us


we had submitted my husband's sponsorship application (Outland) on 5th July 2013, it was rejected due to missing latest Option C.
then we resubmitted with latest Option C on 9th Aug. Now since he has a work permit from his company and an oppurtinity has come to him to travel to Canada.

We are so much confused on few things and cannot afford any more waiting or get the sponsorship process delayed. Need help on below please.

1. He is planning to travel to Canada in september - If he does so, should or can we change from outland to Inland? What you would suggest?
2. We are worried that if we convvert it - it will take tooooo long for the inland process to happen, visa to come through Inland.
3. Let's say if he comes to Canada during this process of outland, and if we go for an appeal for Inland - can he apply for an open work permit here in Canada (keeping in mind that his current work permit from his current compnay will expire in March) .
4. Need a suggestion from anybody that if he can apply for a open work permit (once his curent work permit given from his company expiers) while he is in Canada to remain in Canada until he gets visa thorugh inland.

please please please help us as we need to make teh decision soon whether to just stick with outland or if he comes to Canada can he apply for a open work permit hold his UCI number (as may get that since we have submitted the outland applications now)!


Thanks in advance!!!!!

 

[meandmyson]

Re: Work Permit and Inland Processing

Please helppppppppp!!!!! - we are waiting???

 

[gongdi]

I would probably keep with the application you have already submitted. The speed of either process is slow, especially with the strike. If you wish to alter your application, you can count on an even longer wait and more bureaucratic red tape I would think.

 

[scylla]

You can't convert an outland application to inland. It's simply not possible.

There is no reason to change from outland to inland. He can come to Canada on the work permit while the outland application is being processed.

If you are really set on switching to inland, you will have to withdraw / cancel the outland application and resubmit a brand new application using the inland process.

He does not qualify for an open work permit since he has applied outland.

 

[meandmyson]

Thanks for replying Scylla!!


Some one had mentioned earlier that if he travel to Canada , he cannot be on outland and need to go for an apeal. That's the
reason this thought came in.
And also, they (here in one of the thread) mentioned that once it is approved, and they request his pp, he cannot send his passport from Canada - Is it ture???


Can you please help us understand what would happen if he comes to canada on work permit when outland is being processed.!!???
Thanks again.

 

[Sweden]

You can be on a work permit and have an outland application on-going, that's not an issue, it's completely legal. It's actually good for your outland application - make sure that you let the VO know that your husband is living with you in Canada during the process, so they don't doubt that your relationship is genuine. As Scylla said, there is no reason to convert it to inland. A lot of outland applicants from visa-exempt countries stay in Canada with their partners during outland applications and it's not an issue.

ABout sending the passport - that depends where he is from. I assume he is not visa-exempt, so he will indeed have to send his passport to the VO to get a visa. Some countries forbid sending passports overseas. India is one of them, other countries have the same rule. In that case, he could either travel to his country and send his passport from there, or give it a a trusted friend/family member traveling back. where is your husband from?

If his work permit is only until March, he could also stay in Canada on a work permit until March, and then go back to his country, send his passport to the VO, and come back to Canada when the PR is issued.

Sweden

 

[little_apple]

You can apply outland even when you are in Canada on a visitor visa or a work/study permit.
I am also in Canada on a work permit but applied outland through Vienna. Your husband just has to make sure that he always has legal status here. So when he wants to stay in Canada after his work permit expires he has to apply for a visitor visa (online, $75) at least 30 days before his work permit expires. He will have implied status until they make a decision about his visitor visa BUT he has to stop working. OR he applies for a new work permit (his employer will probably need a positive LMO) and then he would be allowed to work until a decision is made about is work permit.

I don't know anything about sending the passport...

 

[meandmyson]

Thanks Sweden- unfortunately he is from India. Even we thught of this intially that he comes here on his current work permit (given by his empolyer) and later go back in March and get the visa and come - but again it will take another 5-6 months or no idea how long due to this strike etc.

I just want to know if he sends his pp thrugh one of our family friends or somone close to get the visa stamped, should they send it to the VO office once they go to India?
will they not question that how he did he send the pp when he is in Canada and when he belongs to visa-empt country?? Is it valid if someone sends it on behalf of him?

Also, can you please let us know how to let the VO know that he is here with me on a work permit?> through email? if so to which ID? or through physical post?

Thanks Little_apple - But if his employeer doesnt applies for a renewal of work permit - can we apply for one by ourself bein gon visitor visa?

Thanks a lot! waiting for your replies

 

[Sweden]

New Delhi has a habit of asking for the passport quite early in the process. You have several options:
*if he is asked about the passport while he is in Canada, you can try and let New Delhi know that he is in Canada, and he might need it for work ( if that's true, if his employer might ask him to travel etc) - in that case, when he is asked for the passport, explain the situation, get a letter from the employer to certify that he might need his passport, and tell New Delhi that you will be able to send the passport in March.

*if he doesn't need to travel, then he can give the passport to a friend/family member going back to India, and give him a letter to show that he authorises the bearer of the letter to carry his passport. I doubt that anybody will ask anything, but in case. Once in India, the person can send the passport to New Delhi. From what I understand about India, it's illegal to send the passport overseas by post - but it's OK with another person. A lot of applicants from India have done it this way without issues.

*to let New Delhi know that he is in India with you, send them a case specific enquiry through the website: http://www.cic.gc.ca/english/information/offices/missions/new-delhi.asp and explain the situation. Add proof if you have any ( his work permit, his ticket to Canada) so CIC can see that you will be staying with your husband. Once his work permit is about to expire, and BEFORE it expires, you can ask to change his condition from work permit to Visitor visa http://www.cic.gc.ca/english/visit/extend/visa.asp

if the work permit is extendable, you can try and extend it as well.

Sweden

 

[meandmyson]

Thanks for providing mcuh information Sweden - But left out with another questions please. I know you would answer as many as questions to help people but I still feel bothersome to ask you again - but have left with no choice

* once we send scross our PP through our friend/family - let's assume they from there they send it to VO office.
1. How many months it would take to stamp the visa (an approximate duration - 5 months?)
2. Once visa is stampped - will they send it to the Indian home address (my husband appiled through)? I think so - please confirm
3. From India how can we again get this pp back? It would take atleast 5 months to stamp the visa and we should again wait for someone from there to come here to bring his pp back. But if we keep waiting, his date of entry would also be in risk (as we might lose out on that and get's expired)
4. If say, some one brings it can he go out of canada and re-enter from US ? or should he come from India iself (going there and comin gback to make it valid)


** on the visitor visa thing - am very much confused
1. If his work permit expires and if in case his employer would not extend it, are we eligible to apply for a visitor's visa being on an outland application??
2. and that too within Canada?
3. If we applies for one, you mean to say until his visitor visa comes - he can be with me here for another few months with me depending on for how long they would give him the visa right?


Thanks for your help again!

 

[Sweden]

1 - I don't know. It depends on the case. New Delhi asks for the passport at the beginning of the process. If the case is easy, it can be done in 4 to 5 months. If the case is not easy, or some documents are missing, or medicals are expired, or backgrounds checks are taking long ( or... or... or...), then it will take longer.

2 - they will send it to the mailing address - so yes, India.

3 - it is not an ideal situation indeed. You would have to get somebody in India to wait for the passport ( you can change the mailing address to another one in India), then have somebody bring it to Canada.

4 - he can "flagpole" - go to a US border and come back. Because he needs a visa to the US, he can't actually go into the US, but it doesn't matter. He can go to any border with his passport, explain that he needs to exit Canada and re-enter to land as a PR. he will be given an "administrative denial" to the US, and can re-enter Canada to complete the landing procedures.

Visitor visa:

1 - you can apply to change your status from a work permit to a visitor visa. It has to be done BEFORE the current work permit expires. It's not guaranteed, but always worth a try. You can apply for a visitor visa with an outland application,

2 - and within Canada. It's fairly common for visa exempt applicants : they come to Canada on a tourist visa, usually 6 months given at the border. then apply for extension as they wait for their PR to be processed. Stay in Canada legally until the PR is issued. It works well for visa-exempt applicant as they don't have to send their passport in - it's a little more tricky for non-visa-exempt because it means being in Canada without a passport for a while.

3 - if his work permit is valid until end of March for example: end of February, he can apply to change his work permit to a visitor visa. If end of March he hasn't received an answer from CIC : he can stay in Canada, he has implied status. He can not work, but he can legally be there until he receives the answer from CIC. then: if the answer is positive, he can stay on a visitor visa. If the answer is negative, then he has to leave (and there is normally a certain timeline indicated).

It might be easier for him to come and stay with you, work while his work permit is still valid. If New Delhi asks for his passport, he can answer that he is in Canada and can not send it, but he will be back in India later on ( and put the date). It will most likely delay a little the PR. Once the work permit is over, he can go to India, send his passport to New Delhi, and wait for the PR to be issued. Then come back to Canada. it's the safest option by far - the previous one (sending with a friend etc. ) has many places that could go wrong, even if you're not doing anything illegal. But it's up to you, of course.

 

[meandmyson]

Thanks a lot for all the information you have given Sweden!

Sure - Will decide which is better for us based on the information you have given.

Will keep you posted !! it's very hard , believe me!