Query for Background Police Checks!

[JamesC85]

And to confirm what another poster has already said - because your visa is an IEC, it's not extendable, and thus the "implied status" with inland doesn't give you the right to keep on working.

So - I would advise you to apply outland through London, even if you're in Canada. It's faster, and it also allows you to go in and out of Canada if needed. The only reason for you to apply inland would be to keep on working but it doesn't apply in your case.

So - yes, apply outland, and you won't get implied status. But send 30 days before the expiry of your current IEC visa a request to change your status from IEC to visitor. once your IEC is over, stop working (unless the LMO comes through obviously), and wait... not fun, but not much else to do! then you're on visitor status until your PR comes through. Stage 1 is currently 1 month, and applications through London take somewhere between 4 months (as a minimum these days it seems!), for straightforward, complete applications, to ... more! so it should be too bad.

Good luck,
Sweden

Thanks for all the information. Sorry if I'm contradicting you here, but I was recently working closely with the office of an MP in the Okanagan region, and they informed me that if I send my application for Permanent Residency in, 30 days before my IEC expiry date, I will indeed be granted implied status, allowing me to continue to work.

Do you feel I've maybe been misinformed?

The reason I chose inland is because my life is here now, my wife & job. Because I have an LMO sent in as backup, I figure the longer inland processing time for PR isn't too much of an issue to me, provided I get implied status.

The fact I could travel in/out of Canada on outland application isn't too much of an advantage to me as I have no plans to leave in the near future. Plus I've also heard with outland, you may have to fly to London for interview if you are requested to do so.

Cheers,
James

 

[canuck_in_uk]

Hey James

You have been misinformed by the MP office. As has been said, because the IEC visa isn't extendable at all, you cannot continue working beyond the IEC expiry date on Implied Status. People with standard work permits can continue to work on Implied Status because their permits are extendable.

A positive LMO, however, changes everything. It doesn't allow you to keep working but it does allow you to apply for a standard work permit. As you are visa-exempt, you can take the LMO and confirmation of your job offer to the border, flagpole and apply for a work permit on entry.

If you receive the positive LMO and get a work permit based on that, I would definitely recommend going outland. The work permit will allow you to keep living and working here and the PR app will be processed in half the time.

Little to no chance of being called for an interview. Interviews are only if CIC has reason to doubt the relationship and believes it to possibly be a marriage of convenience. Since you are from a country as equally developed as Canada, as long as you can prove your relationship, you won't have an interview.

 

[JamesC85]

Hey James

You have been misinformed by the MP office. As has been said, because the IEC visa isn't extendable at all, you cannot continue working beyond the IEC expiry date on Implied Status. People with standard work permits can continue to work on Implied Status because their permits are extendable.

A positive LMO, however, changes everything. It doesn't allow you to keep working but it does allow you to apply for a standard work permit. As you are visa-exempt, you can take the LMO and confirmation of your job offer to the border, flagpole and apply for a work permit on entry.

If you receive the positive LMO and get a work permit based on that, I would definitely recommend going outland. The work permit will allow you to keep living and working here and the PR app will be processed in half the time.

Little to no chance of being called for an interview. Interviews are only if CIC has reason to doubt the relationship and believes it to possibly be a marriage of convenience. Since you are from a country as equally developed as Canada, as long as you can prove your relationship, you won't have an interview.

I'd just like to say that you and the other guys here have done me a world of help already, thank you!

Fully understand what you are saying but another question arose...

• My IEC 2012 will expire June 16th 2013.
• Application for LMO sent away in March, 2-10 weeks processing time, been about 6 weeks now.
• Outland application for PR to be sent away asap.

Worst case scenario, I hear nothing back from LMO or PR before my IEC expiry date reaches me.

What is my best course of action? After sending these applications away, what are my next steps to making sure I can stay in Canada without overstaying my IEC welcome?

Cheers, many cheers.

 

[canuck_in_uk]

Give it a few more weeks to see if the LMO arrives.

If it does arrive in the next 2 weeks, then you can flagpole right away, get your work permit and you're done.

If it still hasn't arrived in 2 weeks, apply online to extend your stay and change your status to visitor. If the LMO doesn't arrive before your IEC expires, this will allow you to stay but you will have to stop working.

And if the LMO arrives anytime in there before the IEC expires, just flagpole and get the work permit and no need to stop working.

 

[JamesC85]

Give it a few more weeks to see if the LMO arrives.

If it does arrive in the next 2 weeks, then you can flagpole right away, get your work permit and you're done.

If it still hasn't arrived in 2 weeks, apply online to extend your stay and change your status to visitor. If the LMO doesn't arrive before your IEC expires, this will allow you to stay but you will have to stop working.

And if the LMO arrives anytime in there before the IEC expires, just flagpole and get the work permit and no need to stop working.

Thank you heaps, I feel a lot more organised now

 

[JamesC85]

Whilst worrying away I figured it would help if I clarified a few things. Your help is much appreciated!

• My IEC 2012 visa is not extendible, so I cannot get 'implied' status and continue working in Canada if I send my PR application in early. Therefore it wouldn't be beneficial for me to post my application package early, without Police Certificates.
• I should just hold out for my LMO, and as back up, change my status to 'visitor' if my IEC expires before it comes.

 

[JamesC85]

And to confirm what another poster has already said - because your visa is an IEC, it's not extendable, and thus the "implied status" with inland doesn't give you the right to keep on working.

So - I would advise you to apply outland through London, even if you're in Canada. It's faster, and it also allows you to go in and out of Canada if needed. The only reason for you to apply inland would be to keep on working but it doesn't apply in your case.

So - yes, apply outland, and you won't get implied status. But send 30 days before the expiry of your current IEC visa a request to change your status from IEC to visitor. once your IEC is over, stop working (unless the LMO comes through obviously), and wait... not fun, but not much else to do! then you're on visitor status until your PR comes through. Stage 1 is currently 1 month, and applications through London take somewhere between 4 months (as a minimum these days it seems!), for straightforward, complete applications, to ... more! so it should be too bad.

Good luck,
Sweden

Stage 1 outland... 1 month? HOLY! That is quick.

I feel like a bit of a fool now, I've made plenty mistakes in all this but I don't think I could have forseen them until the deed had been done.

I applied Inland because I was informed with Outland, I cannot apply for an OWP. But now I see the light. What is better...

• Apply for PR outland, completed in ideally 4 months, then get OWP in 4 months time.
• Apply for PR & OWP inland, don't get OWP until 8 months time.

Am I right in this way of thinking?

Unfortunately I've sent my application off Inland already, so there isn't really any going back now. For me an LMO is my only chance of getting back to work ASAP.

Oh if only we could go back in time... someone slap me.

 

[zardoz]

4 months for outland is very optimistic and, in reality, extremely unlikely. With the current industrial action, you are looking at more like 10 months or more.

 

[JamesC85]

Hey James

You have been misinformed by the MP office. As has been said, because the IEC visa isn't extendable at all, you cannot continue working beyond the IEC expiry date on Implied Status. People with standard work permits can continue to work on Implied Status because their permits are extendable.

A positive LMO, however, changes everything. It doesn't allow you to keep working but it does allow you to apply for a standard work permit. As you are visa-exempt, you can take the LMO and confirmation of your job offer to the border, flagpole and apply for a work permit on entry.

If you receive the positive LMO and get a work permit based on that, I would definitely recommend going outland. The work permit will allow you to keep living and working here and the PR app will be processed in half the time.

Little to no chance of being called for an interview. Interviews are only if CIC has reason to doubt the relationship and believes it to possibly be a marriage of convenience. Since you are from a country as equally developed as Canada, as long as you can prove your relationship, you won't have an interview.

Hey Canuck,

I have a question, just for you! Or others if they feel compelled to answer this mother.

• So I am on IEC 2012 until July 16th 2013.
• Application arrived at vegreville 21st June 2013, for PR through Family Class, and OWP

Because I now know that come July 16th, my Implied Status does NOT grant me ability to continue work, I figure my options are...

a) stop working until I get my OWP after stage 1 of PR.
b)get my employer to try for an LMO so I can get back to work quicker than option a)

If we decide to go ahead with an LMO application, and it comes back positive, then that means I have to flagpole with positive LMO and job contract in had, and apply for a standard work permit at the border.

The only thing is, if I leave and re-enter Canada to do this, then this pretty much voids my PR/OWP application altogether doesn't it? As I am a silly person and applied Inland.

Cheers,
James

 

[herewecome]

4 months for outland is very optimistic and, in reality, extremely unlikely. With the current industrial action, you are looking at more like 10 months or more.

Exactly. I don't think anyone is ever done in 4 months outside of a strike.

 

[canuck_in_uk]

If we decide to go ahead with an LMO application, and it comes back positive, then that means I have to flagpole with positive LMO and job contract in had, and apply for a standard work permit at the border.

The only thing is, if I leave and re-enter Canada to do this, then this pretty much voids my PR/OWP application altogether doesn't it? As I am a silly person and applied Inland.

Definitely go ahead with the LMO app if your employer is willing, you'd be back at work much sooner.

And to answer your question, most likely not. With the inland app, it is not the leaving part that is the issue, it's the re-entering. Your app isn't cancelled if you leave, it's cancelled if you are refused entry back into Canada. There have been others who have left and been able to re-enter without issue and without affecting their inland apps. Given that you are a visa-exempt citizen with a PR app in process and you'd be flagpoling with your LMO and job offer in hand, there is very little chance of you being refused entry back into the country.

 

[JamesC85]

Definitely go ahead with the LMO app if your employer is willing, you'd be back at work much sooner.

And to answer your question, most likely not. With the inland app, it is not the leaving part that is the issue, it's the re-entering. Your app isn't cancelled if you leave, it's cancelled if you are refused entry back into Canada. There have been others who have left and been able to re-enter without issue and without affecting their inland apps. Given that you are a visa-exempt citizen with a PR app in process and you'd be flagpoling with your LMO and job offer in hand, there is very little chance of you being refused entry back into the country.

Gotcha, cheers