Twisted inland-outland situation

[meiko3886]

Hey everyone! Im writing in the name of my friend who has very twisted situation and she needs advice.
She is from Poland and she lives in Canada, shes on LMO work permit valid until 1st of September.
In March 2013 she sent her common-law application Outland. CIC "lost" her application and then found it and send it back in July... The reason of sending it back was missing document from Inland application that she doesnt need, since applying Outland! CIC got mistaken because she also attached Open Work Permit application (for no special reason). When they called CIC, immigration officer told them to fix the application and send all inland documents, also that they have the stamp on application on March 26th. So they did send the inland application this time but maybe it was mistake and she should have sent outland instead,as before. She really cares to keep working, her work permit expires in 2 months ,but stage 1 of inland application takes super long. Should she continue inland application or should she withdraw and apply outland? Its already very messy situation. I just want to say,that i applied for outland PR via Poland and all process took 4,5 months.
Please help.

 

[rhcohen2014]

she won't be able to apply for a work permit with an outland application. if the outland visa office has a quicker processing time, it's always best to apply outland. If working is her ultimate goal, in theory, she would be able to work sooner with an outland application.

 

[Ponga]

If she can maintain her status in Canada, she should withdraw the Inland application and submit an Outland application, as you have suggested.

4-5 months, versus another 1 year + to continue Inland, is a no-brainer!

Of course...if she is called for an interview, she would need to return to Poland.

 

[meiko3886]

The problem is that she is afraid to make CIC mad because her case is getting messy.. lost application, attached OWP with outland appliaction, then applied inland.. is it ok to withdraw now and apply outland?

 

[Ponga]

I can understand her concern, but she has to think about what's best for HER...and not worry about making CIC mad. After all, THEY are the ones that lost her original application.

Even if they get mad, I don't see how it can be used against her with a [much faster] Outland application.

 

[Rob_TO]

Is LMO work permit extendable? If so, then applying INLAND and submitting OWP application would give her implied status and allow her to keep working for her current company under same conditions as the current LMO, after it expires.

 

[meiko3886]

Does she have 100% change for implied status in this situation? That means she could be still working without applying for new LMO until she would get OWP?

 

[Rob_TO]

Does she have 100% change for implied status in this situation? That means she could be still working without applying for new LMO until she would get OWP?

Everyone who submits an INLAND application with OWP app, gets automatic "implied" status right away. So people on work permits, can continue working on that same work permit until the OWP is processed (current time 11 months). This assumes the current work permit is naturally extendable.

For a non-extendable work permit (such as IEC work permit) implied status does not apply.

I believe LMO permits are extendable, so people can continue working only for the same employer, while on implied status. I'm sure others can confirm this.

 

[meiko3886]

Thank you very much!!

 

[Ponga]

Everyone who submits an INLAND application with OWP app, gets automatic "implied" status right away.

Provided the person had legal status at the time that CIC receives the Inland application w/ OWP.

 

[meiko3886]

I believe she submitted copy of her work permit along with Inland application. Does it mean she will automatically get implied status, or does she have to apply for it or talk about it with immigration officer?

 

[canuck_in_uk]

I believe she submitted copy of her work permit along with Inland application. Does it mean she will automatically get implied status, or does she have to apply for it or talk about it with immigration officer?

No, it's not automatic and talking to immigration will do nothing.

As Rob said above, the only way that she will get Implied Status after her current work permit expires is if she submitted an OWP app with her inland PR app. She could then continue to work under the exact conditions of her current work permit while on Implied Status.

 

[yvr1234]

CIC got mistaken because she also attached Open Work Permit application (for no special reason).

So did she include the OWP application when she re-send the INLAND application?

 

[meiko3886]

Yes, she included OWP application in her inland applicaiton

 

[Sarahh Khan]

Hey everyone! Im writing in the name of my friend who has very twisted situation and she needs advice.
She is from Poland and she lives in Canada, shes on LMO work permit valid until 1st of September.
In March 2013 she sent her common-law application Outland. CIC "lost" her application and then found it and send it back in July... The reason of sending it back was missing document from Inland application that she doesnt need, since applying Outland! CIC got mistaken because she also attached Open Work Permit application (for no special reason). When they called CIC, immigration officer told them to fix the application and send all inland documents, also that they have the stamp on application on March 26th. So they did send the inland application this time but maybe it was mistake and she should have sent outland instead,as before. She really cares to keep working, her work permit expires in 2 months ,but stage 1 of inland application takes super long. Should she continue inland application or should she withdraw and apply outland? Its already very messy situation. I just want to say,that i applied for outland PR via Poland and all process took 4,5 months.
Please help.

My application was submitted by representative mistakenly saying spouse lives within canad whereas in actual spouse lives outside. Document is lost for 4 months now , and Missisuaga says they returned it 3 months back and document had no tracking number.

Can anyone advise how to track this lost document. Our representative has no clue but to reapply again.