INLAND APPLICATION - PLEASE HELP

[eagle]

Hello all
need a little help with my situation - please advise

- I came to canada in 2002 as an international student on a study permit
- in 2007 graduated, got the post graduate work permist and started working in june 2007
- still working with the same employer and my work permit is set to expire on May 25th.

- in March 2010 i married my long term GF (she is a canadian citizen)
- We have completed all out paperwork for INLAND APPLICATION , everything is together I am even including an application to extend my stay in there with all documents from my employer.
- On May 1st we requested CRA to send us the option C printour for my wife (the sponsor) , 20 days later we have not received anything. We even made a renenewed request on May 17th - all they old us was "it has been mailed"
- We have the following documents already
- Spnsor's notice of assesment from CRA from2008 (nothing for 2009 as the taxes were files last month)
- T4 slips from 2008 and 2009
This option C is the only hangup , and I am dreading because the expiry date of my work permit is fast appraching and I dont want to send in an incomplete application.

my question is :
Since 99.9% of my application is complete - should i send it in - with an additional document explaining that CRA has failed to send in the OPTIONC and that I shall overnight it to Vegreville as soon as i receive it

Everything for my application has been completed since May4th - option C has caused us major havoc.
Please advise - will immigration officers render my application as icomplete?

 

[rjessome]

Wait for the Option C. It shouldn't be much longer.

Also, you realize that submitting the Inland application does not give you implied status. You still should apply to extend your stay independently from this application. You should include an Open Work Permit application with the inland app. But do a change of conditions or extension separately.

 

[eagle]

Thanks rejessome.

I am little confused . Please confirm the following

- I should send the form to extend my stay independently - which i could just do tomorrow and it would be IMM1249 Right??? and In the options i should just check off Initial work permit or extendting work permit.

- What form do i fill out for open workpermit (which will be submitted with my inland pr) ?? and what options should i check off?
Please advise.

 

[prof456]

Wait for the Option C. It shouldn't be much longer.

Also, you realize that submitting the Inland application does not give you implied status. You still should apply to extend your stay independently from this application. You should include an Open Work Permit application with the inland app. But do a change of conditions or extension separately.

I disagree. If he sends in his PR application with an OWP application before his status expires, he will be under implied status till a decision is made. It is the same form (Change of condition/Extention to stay - IMM 1249) that he uses to apply for OWP. The only other way to get a WP is to get your employer to get an LMO but your timeline does not look good. Other way is to get a provincial nomination...either way, your timeline works against you. If he sends separate application for WP without an LMO or provincial certificate, it will get denied.

On a side note, I must say the OP is quite sloppy. How do you have a 3yr window to apply for PR and you wait till the last month with your last option? You probably already qualified for the Canadian Experience class after yr 1 or a provincial program.

Regardless, if the Option C printout does not come soon, I'd advice you to send the application "as is". You can update it with the Option C. One thing you want to avoid is going out of status. You only complicate and prolong your case.

 

[eagle]

Thanks for your kind response.

My initial intent was to stay for three years and then return to my home country with my GF .
But , recent promotion at work and my wedding has changed everything, that is why I had to do all this last minute.

I will send out my application today itself
CRA has assured that I will have the Option C by may 30th, I will perhaps explain the same in a cover letter as well.

I definitely do not want to loose my status, I would rather be 'implied' than
rejected.

Is there any other advise you have that might be useful before i submit my application?

 

[suenim]

Thanks for your kind response.

My initial intent was to stay for three years and then return to my home country with my GF .
But , recent promotion at work and my wedding has changed everything, that is why I had to do all this last minute.

I will send out my application today itself
CRA has assured that I will have the Option C by may 30th, I will perhaps explain the same in a cover letter as well.

I definitely do not want to loose my status, I would rather be 'implied' than
rejected.

Is there any other advise you have that might be useful before i submit my application?

My husband did his taxes at the beginning of this month so we do not have his 2009 Option C yet. We included a letter that we will forward it. We did however include 2008 Option C along with the printouts of income slips for 2008 and 2009 and his letter of employment. They just processed his tax return yesterday (May 20) so I will request it today. Our application is inland too.

 

[rjessome]

I disagree. If he sends in his PR application with an OWP application before his status expires, he will be under implied status till a decision is made. It is the same form (Change of condition/Extention to stay - IMM 1249) that he uses to apply for OWP. The only other way to get a WP is to get your employer to get an LMO but your timeline does not look good. Other way is to get a provincial nomination...either way, your timeline works against you. If he sends separate application for WP without an LMO or provincial certificate, it will get denied.

You are right about the implied status! I stand corrected. I contacted CPC Vegreville about this because OP 11 does not give clear guidelines about implied status. Here is what I learned that may be of use to this OP and others.

If you are on an Open Work Permit (like a post grad or working holiday visa) AND you apply for inland spousal sponsorship WITH a new application for an Open Work Permit, you ARE under implied status until a decision has been made on the OWP. For inland sponsorships, this is when Approval In Principle is received. However, if you do not receive AIP, the OWP application will be denied.

However, if for examplie, you were under a Temporary Work Permit (requiring an LMO, etc.) or here as a visitor or on a Study Permit and you applied for inland spousal sponsorship with and OWP application, you would NOT be under implied status. The reason given is that implied status is given for "same to same" circumstances when applying for temporary permits. In their view, TWPs, SPs and Visitors are restricted in a different way than those on OWPs so NO implied status in these circumstances. Still not crystal clear but those are the rules!

So thank you to prof456. I learned something new today . I mainly deal with those on TWPs or SPs and I'm so focused on keeping them "in status" that I wanted the OP to be careful.

To the OP, get that application in to Vegreville BEFORE your OWP expires!

 

[annabruce]

In their view, TWPs, SPs and Visitors are restricted in a different way than those on OWPs so NO implied status in these circumstances.

This is incorrect. A person on temporary status does indeed have implied status if they submit an open work permit application with their inland permanent residence application.

See secion 5.6.
http://www.cic.gc.ca/english//resources/manuals/ip/ip06-eng.pdf

 

[rjessome]

I see what you are saying! Aaargh!!! Just goes to show that even CALLING these people doesn't always give you the right answer!!! So they gave me WRONG information about visitors Section 5.6 doesn't mention anything about students or TFWs. I'm calling them again on Tuesday!

5.6 Inland applications for permanent residence
In situations where an applicant who has visitor status submits an application for permanent
residence to Vegreville and at the same time submits an application for a work permit (pursuant to
R207(b)), the visitor may be considered to have requested an extension of their TR status (in
accordance with R183(5)). They are considered to have implied status as a visitor, until a
decision is made on their WP application.
When no application for a work or study permit is received with the application for permanent
residence, the applicant is obliged to apply to extend their visitor status.

 

[annabruce]

Students must enter Canada initially on a Temporary Resident Visa. Their student permit extends their temporary status. They fall under the same category as one with only a TRV.

Temporary Foreign Workers, I believe, also require an entry visa - a temporary resident visa.

It took me a while to understand this, but their is a big difference between the visa and the status. The status ( work, visit, study etc ) defines the conditions of your visit. The visa controls your entry into the country.

This is why you can't exit the country on implied status except to the USA; only some border guards will forgive you and let you back in unless the date on the actual visa hasn't yet passed. This is the real reason why most inland applicants can't leave the country; most no longer have a valid visa. They have implied status, or an extension on their visa. However, the extension doesn't give you permission to reenter Canada. You need a new visa.

 

[rjessome]

Good conversation!

Actually, Workers and Students only need visa's if they are from non-visa exempt countries. Many people from the USA, England and other visa-exempt countries apply for WPs and SPs at the POE everyday without visa's.

You are absolutely CORRECT about the difference between the Visa and the Permit. Visa's are to allow entry into Canada. The permits control what you can and cannot do (and in most cases, for whom) while in Canada.

You think it took you a long time to understand???? That's is the world's biggest understatement! This area of law is HUGE! And it changes more frequently than any other type of law in Canada. Then you have instances, such as this, where the people who are supposed to know DON'T and give you conflicting information to their own manuals OR the Act, Regs and Manuals do not provide clear enough guidelines and you don't want to "guess" and potentially damage a person's future! It's a constant game of asking for clarification!

 

[annabruce]

Actually, Workers and Students only need visa's if they are from non-visa exempt countries. Many people from the USA, England and other visa-exempt countries apply for WPs and SPs at the POE everyday without visa's.

True. However, the logic still applies. Think of these people as being on an "implied visa" which by default gives them 180 days in Canada, unless of course more stringent conditions are attached to their passport with a visitors record. In essence they are being awarded a "visa" at the border. When the 180 days is up, they apply for an extension. These individuals don't have the same limits for reentering the country, but the conditions of their visit in Canada is defined in the same way as one who requires a visa.

 

[rjessome]

Yep, same logic.

 

[Love_Young]

You are right about the implied status! I stand corrected. I contacted CPC Vegreville about this because OP 11 does not give clear guidelines about implied status. Here is what I learned that may be of use to this OP and others.

If you are on an Open Work Permit (like a post grad or working holiday visa) AND you apply for inland spousal sponsorship WITH a new application for an Open Work Permit, you ARE under implied status until a decision has been made on the OWP. For inland sponsorships, this is when Approval In Principle is received. However, if you do not receive AIP, the OWP application will be denied.

However, if for examplie, you were under a Temporary Work Permit (requiring an LMO, etc.) or here as a visitor or on a Study Permit and you applied for inland spousal sponsorship with and OWP application, you would NOT be under implied status. The reason given is that implied status is given for "same to same" circumstances when applying for temporary permits. In their view, TWPs, SPs and Visitors are restricted in a different way than those on OWPs so NO implied status in these circumstances. Still not crystal clear but those are the rules!

So thank you to prof456. I learned something new today . I mainly deal with those on TWPs or SPs and I'm so focused on keeping them "in status" that I wanted the OP to be careful.

To the OP, get that application in to Vegreville BEFORE your OWP expires!

So if I mail my application before my status expires on July 31st with the OWP request, I will have implied status?
What if it is sent to the local office without AIP, does that leave me without status? Is there anyway to avoid this?

 

[annabruce]

If their status at the time of the WP or SP refusal was valid due to the application of R183(6), i.e.,
it was “implied status,” then they will have to apply for a restoration of visitor status if they do not
wish to leave Canada.

Section 5.7
http://www.cic.gc.ca/english/resources/manuals/ip/ip06-eng.pdf