Outland app needs advice for future

[bafonso]

Hi everyone,

I've applied for outland PR from US back in April and things have been very slow, file is still in Mississauga (like many others). Today when I crossed the border person got even more worried about my ties to US and basically told me that I need to start bringing some documents such as hiring letter, pay stub, bill or rental agreement or sorts. He wondered how I could visit Canada for so long. I guess that driving my wife's belongings to her new house in a truck didn't help.

He basically told me I could not just come and stay for months as a visitor because I have a family in Canada that is settling back in Canada, in his words, "you are not a tourist". When I asked him how could I stay with my family while I wait for the PR process he suggested me to get a job and a job permit at the border. He made it sound like it was super easy, first time I ever heard of it.

In my mind, to have a less stressful life I thought I could just quit my US job and consider two avenues, involving not leaving canada right away:

1) Withdraw my outland app and re-apply inland in order to get an OWP.
2) Start looking for a job in Canada hoping someone can make me offer so I can apply for a work permit at the border like the officer suggested.

I'm inclined to do option 2 but now I am worried that I may be doing something wrong by staying here for several weeks/months while looking for a job. He did not re-stamp my passport again today and my last stamp from Aug 8 is apparently valid until Feb 2018. I told both officers I was planning on going back to US on the 20th, but it seems like I was still allowed to stay for 6 months. I do not know what this means. Am I going to get in trouble for staying past what I told the officer even though they seemingly allowed me to stay for 6 months?

I'm at a point where I feel maybe I really need a lawyer but I would love to tap into the forum's knowledge.

Thanks

 

[Rob_TO]

1) Withdraw my outland app and re-apply inland in order to get an OWP.

It would be at least 4-5 months before you cancelled your outland app, got an inland app completed and submitted along with OWP, and then finally get the OWP in the mail. Your outland app would probably be done by then.

2) Start looking for a job in Canada hoping someone can make me offer so I can apply for a work permit at the border like the officer suggested.

Only if the job qualifies under NAFTA, and you have relevant education/skills. See here for list of NAFTA jobs that would apply (section 3.8): http://www.cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

If the job doesn't qualify under NAFTA, then you can't get a work permit so easily. In this case, employer would need to go through long and complex LMIA process which is very tough to do unless it's for a job requiring specific skills that is difficult to find workers for.

I do not know what this means. Am I going to get in trouble for staying past what I told the officer even though they seemingly allowed me to stay for 6 months?

You can stay as long as legally allowed, no matter what you told the officer.

If you are hesitant to cross the border again, then you can just apply to extend your visitor status from within Canada directly to IRCC. This is usually an easy process for Americans.

 

[bafonso]

Only if the job qualifies under NAFTA, and you have relevant education/skills. See here for list of NAFTA jobs that would apply (section 3.8): http://www.cic.gc.ca/english/resources/tools/temp/work/international/nafta.asp

If the job doesn't qualify under NAFTA, then you can't get a work permit so easily. In this case, employer would need to go through long and complex LMIA process which is very tough to do unless it's for a job requiring specific skills that is difficult to find workers for.

This was the surprising news as I am not American! I told him I do science research so he may have assumed my qualifications are enough. ( I do have a PhD) he told me that I would qualify as I am from a non visa country.

Still it seems to me that it's not as straightforward as he says. At any rate, if I can stay 6 months I can spend the time looking for a job that is great news. I need to learn more about the work permit options. Thanks for the input!

 

[Rob_TO]

This was the surprising news as I am not American! I told him I do science research so he may have assumed my qualifications are enough. ( I do have a PhD) he told me that I would qualify as I am from a non visa country.

Still it seems to me that it's not as straightforward as he says. At any rate, if I can stay 6 months I can spend the time looking for a job that is great news. I need to learn more about the work permit options. Thanks for the input!

Seems the CBSA officer didn't quite understand the rules. If not American/Mexican citizen, then the NAFTA rules wouldn't apply to you.

In that case the LMIA option would be your only chance at getting a job with a closed work permit, but as mentioned it's a long and complex process for the employer to go through and most would rather just hire a Canadian. Although with your credentials, it may be a bit easier since I assume you would be applying for highly specialized positions. But the employer still needs to go through the LMIA process (basically pay a fee, do the paperwork and advertise the job to prove no Canadian can be hired for the role) which can take many months to do.

Not sure if there are any other avenues to work in the academic field.

 

[miss_tizzle]

If you're from a non visa country you can legally declare dual intent. My husband declared dual in June. We applied in Feb and are waiting on our app to be finalized.

 

[canuck_in_uk]

If you're from a non visa country you can legally declare dual intent. My husband declared dual in June. We applied in Feb and are waiting on our app to be finalized.

Anyone can enter under dual intent, whether visa-exempt or not.

 

[miss_tizzle]

Anyone can enter under dual intent, whether visa-exempt or not.

Even better then.

 

[bafonso]

Anyone can enter as long as the officer is satisfied that you have very strong ties to wherever you are coming from. When you come in and you don't have a job and your spouse and kid are here, things get tricky.