Travelling after IEC work permit expires, but before OWP is received.

[Joboy86]

Hey all,
I'm going to check with an immigration professional, but thought I might get some useful information here too I appreciate the time it takes to read all this.
All dates below are 2018.

I've applied for PR under the family class- common law with my Canadian fiancee.
It was sent as a paper application, along with the Open Work Permit (OWP) application at the same time. Everything going swimmingly, and I was able to link both to my online CIC account. According to the myCIC:
OWP application received: March 19, 2018
PR application received: March 26, 2018
Only thing I've been asked for so far is Aussie Police cert for the PR app, that's done.

I'm an Aussie citizen, here under my second IEC working holiday program. I've been here since July 2014. This work permit expires on July 13 2018.

At present, 111 days (the expected processing time for the Open Work Permit (New Employer) ) puts me at July 5 as the earliest potential time to get the OWP. They just keep pushing that processing time out- it was only ~100 days 3 months ago!

Here's the kicker!
On July 12 I have to fly to Germany for 3 nights for a can't-miss function. Really, I can't miss it.
I return to Canada on July 15. (IEC work permit will have expired by now).

On July 17, I fly to the Caribbean for my wedding (!!!!) with my fiancee-soon-to-be-wife. We won't fly back to Vancouver until July 30. If you thought I couldn't miss Germany, I sure as hell can't miss my own wedding.

Two trips, neither of which I can cancel or avoid, or reschedule. Talk about crappy timing!

You've probably noticed that by now that coming back into Canada is the part that causing me the most peril.

At the moment, I want to know if I should:

a) Apply for my ETA (already done) - will this be good enough to re-enter on July 15, if I show proof of resignation from my current employer, proof of support funds, proof of onward travel?
b) Spend the $100, and do the online "Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)". Processing time for those is only 8 days apparently. This seems like it might be necessary to "maintaining status?"
c) Re-enter Canada on July 15 with my Irish passport as a visitor
d) Save Justin Trudeau's life and be granted instant honorary citizenship.
e) Abandon all hope and return to Australia

D and E are a joke, and C is probably highly illegal.

So my question comes down to:

Do I really need to get a separate temporary resident permit? Will my OWP application be affected by this? Will it even matter, since I'm leaving the country, and re-entering. What do I tell the officer at YVR when I arrive back on July 15? Can I come back as a visitor while we wait? In a horrible world, where the OWP isn't ready by July 30th, and I've lost all my hair, will I be able to come back as a visitor then?

Bonus question: once I get the OWP, will it be similar to my current IEC open work permit? Can I leave to go the the States for a day? I've been travelling in and out of Canada on it for years sans issues.

Important note: I'm NOT PLANNING TO WORK from July 12-whenever I get my OWP, even if it means a temporary resignation from my current employer. Nothing dodgy.

 

[scylla]

Based on what you've written, you really shouldn't have any issues re-entering Canada. You can do this on the ETA alone. However what happens is of course always up to the CBSA officer you encounter at the border.

OWP is not really the same thing as IEC. It will specifically state on the OWP that it "does not authorize re-entry" - so that means you'll be reassessed by CBSA each time you re-enter. While someone who is visa exempt typically doesn't have any issues re-entering, we do see the odd problem here from time to time. I would personally limit the trips to the US unless they are necessary until you have PR.

 

[Joboy86]

Thanks for the reply!

The funny thing is, the Work permit for IEC says exactly the same thing at the bottom of it.
Remarks: This does not authorise re-entry.

Someone once said to me, that means you can't come back in with just that piece of paper - you need your passport too.

 

[canuck_in_uk]

Hey all,
I'm going to check with an immigration professional, but thought I might get some useful information here too I appreciate the time it takes to read all this.
All dates below are 2018.

I've applied for PR under the family class- common law with my Canadian fiancee.
It was sent as a paper application, along with the Open Work Permit (OWP) application at the same time. Everything going swimmingly, and I was able to link both to my online CIC account. According to the myCIC:
OWP application received: March 19, 2018
PR application received: March 26, 2018
Only thing I've been asked for so far is Aussie Police cert for the PR app, that's done.

I'm an Aussie citizen, here under my second IEC working holiday program. I've been here since July 2014. This work permit expires on July 13 2018.

At present, 111 days (the expected processing time for the Open Work Permit (New Employer) ) puts me at July 5 as the earliest potential time to get the OWP. They just keep pushing that processing time out- it was only ~100 days 3 months ago!

Here's the kicker!
On July 12 I have to fly to Germany for 3 nights for a can't-miss function. Really, I can't miss it.
I return to Canada on July 15. (IEC work permit will have expired by now).

On July 17, I fly to the Caribbean for my wedding (!!!!) with my fiancee-soon-to-be-wife. We won't fly back to Vancouver until July 30. If you thought I couldn't miss Germany, I sure as hell can't miss my own wedding.

Two trips, neither of which I can cancel or avoid, or reschedule. Talk about crappy timing!

You've probably noticed that by now that coming back into Canada is the part that causing me the most peril.

At the moment, I want to know if I should:

a) Apply for my ETA (already done) - will this be good enough to re-enter on July 15, if I show proof of resignation from my current employer, proof of support funds, proof of onward travel?
b) Spend the $100, and do the online "Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)". Processing time for those is only 8 days apparently. This seems like it might be necessary to "maintaining status?"
c) Re-enter Canada on July 15 with my Irish passport as a visitor
d) Save Justin Trudeau's life and be granted instant honorary citizenship.
e) Abandon all hope and return to Australia

D and E are a joke, and C is probably highly illegal.

So my question comes down to:

Do I really need to get a separate temporary resident permit? Will my OWP application be affected by this? Will it even matter, since I'm leaving the country, and re-entering. What do I tell the officer at YVR when I arrive back on July 15? Can I come back as a visitor while we wait? In a horrible world, where the OWP isn't ready by July 30th, and I've lost all my hair, will I be able to come back as a visitor then?

Bonus question: once I get the OWP, will it be similar to my current IEC open work permit? Can I leave to go the the States for a day? I've been travelling in and out of Canada on it for years sans issues.

Important note: I'm NOT PLANNING TO WORK from July 12-whenever I get my OWP, even if it means a temporary resignation from my current employer. Nothing dodgy.

Hi

You are stressing for nothing. You do not need to apply for anything else. When you re-enter Canada after Germany, you will enter as a visitor. With a PR app in process, you should have no issues. Same when you re-enter after your wedding, unless your OWP is issued before then.

As scylla said, best to keep the US trips on hold until after PR. Frequent re-entries could trigger CBSA scrutiny, refusal of entry and your inland sponsorship app being cancelled.

Note that the posted processing time for work permits doesn't apply to the inland OWP. The stated time for it is 4 months, though many get it before that.