WP Expiring, Extension in Process, Travelling to US

[atlmallu]

Hi all,

My current WP is expiring on December 31st, 2010. I have submitted an application for extending my WP to CPC Vegreville. According to current processing times at Vegreville, I hope to recieve the extended work permit by end of January.

1) I am travelling to the US for Christmas and returning on the 31st of December. CIC call centre told me that I can enter back before 31st midnight by showing proof of extension application, and can continue to work on implied status. But if I get delayed(say there was a storm), will I be allowed into Canada on 1st based on the extension application in process? I know that I will loose my implied status, but can I come back into Canada or will they turn me away at the border?
2) I have an international trip coming up in January, and I will need a valid visa to come back to Canada. I was considering going to Buffalo in person and getting the visa next week itself. But can I apply for a visa at Buffalo consulate, with documentation including the current work permit(expiring on December 31st) and proof that I have applied for a work permit extension? Or do I need to provide a valid extended Work Permit? Or will they start a fresh work permit application at Buffalo, canceling the present extension application at Vegreville?

Thank you very much in advance for clearing my confusion.

 

[job_seeker]

When does your TRV expire?

Hi all,

My current WP is expiring on December 31st, 2010. I have submitted an application for extending my WP to CPC Vegreville. According to current processing times at Vegreville, I hope to recieve the extended work permit by end of January.

1) I am travelling to the US for Christmas and returning on the 31st of December. CIC call centre told me that I can enter back before 31st midnight by showing proof of extension application, and can continue to work on implied status. But if I get delayed(say there was a storm), will I be allowed into Canada on 1st based on the extension application in process? I know that I will loose my implied status, but can I come back into Canada or will they turn me away at the border?
2) I have an international trip coming up in January, and I will need a valid visa to come back to Canada. I was considering going to Buffalo in person and getting the visa next week itself. But can I apply for a visa at Buffalo consulate, with documentation including the current work permit(expiring on December 31st) and proof that I have applied for a work permit extension? Or do I need to provide a valid extended Work Permit? Or will they start a fresh work permit application at Buffalo, canceling the present extension application at Vegreville?

Thank you very much in advance for clearing my confusion.

 

[atlmallu]

TRV expires on December 30th

 

[job_seeker]

Try your second option. Renew your TRV. If successful, you may be able to obtain your new WP when you re-enter. Bring with you the necessary documentations that you sent with your WP renewal application, i.e. LMO and contract/job offer.

TRV expires on December 30th

 

[atlmallu]

Thanks job_seeker. Another point is I also have a PR application in process at Buffalo. Will that have any impact on the outcome of my TRV application?

 

[job_seeker]

Not sure but another member who had a PR app walked in at NYC consulate and was able to get his TRV and now is a PR. NB: He was in the US then as a worker.

Thanks job_seeker. Another point is I also have a PR application in process at Buffalo. Will that have any impact on the outcome of my TRV application?

 

[atlmallu]

Thats good to hear...but I am still not sure whether I can apply for a TRV extension, as work permit extension is still under process. I can only show them the current permit expiring on December 31st, and proof that I have applied for the extension. Will they cancel my current extension application and start a new work permit application at the consulate?

 

[atlmallu]

Here's the reply I recieved from the New York consulate about my queries

Dear Sir/Madam,

For information on working temporarily in Canada, please visit our website at:
http://www.cic.gc.ca

In almost all cases, you must have a valid work permit to work in Canada.
For information on applying for a work permit through the New York City visa office, please visit our website at:
http://www.newyork.gc.ca

You will require a valid Work Permit to apply for a multiple entry visa to return to your work in Canada.

What I understand is I cannot apply just for a TRV based on WP extension application in process in Canada. I will need to submit a fresh WP application at the consulate, which means I may not be able to get the job done in a day at NY consulate even if I show up in person!

 

[job_seeker]

Processing at NYC is 2 days, Buffalo, 1 day. (based on complete package). You are applying for a TRV and if your documents are complete then there's a possibility you may be able to get the visa in a day. The other members app was TRV as visitor though.

Here's the reply I recieved from the New York consulate about my queries

What I understand is I cannot apply just for a TRV based on WP extension application in process in Canada. I will need to submit a fresh WP application at the consulate, which means I may not be able to get the job done in a day at NY consulate even if I show up in person!

 

[atlmallu]

Processing at NYC is 2 days, Buffalo, 1 day. (based on complete package). You are applying for a TRV and if your documents are complete then there's a possibility you may be able to get the visa in a day. The other members app was TRV as visitor though.

They say in their mail that I need a valid Work Permit for applying for a TRV, which I don't have at this point. So if I submit TRV application with just proof of WP extension application, won't they convert it to an application for WP? In which case I am afraid, the processing time might run into weeks and I might get stuck in the US.

 

[job_seeker]

Yes it can happen that way too. But do you have a new LMO and a new job offer/contract? Your case is on the gray area right now. If you send your application for TRV w/o the new WP, you might be given a TRV that expires same time as your current WP which is Dec 31. If you go to the US on your planned vacation and come back on the Dec 31 as you're planning, you might not be allowed in considering an expired or expiring WP. Did you mention that you have new LMO and contract (assuming you do have these new docs)?

They say in their mail that I need a valid Work Permit for applying for a TRV, which I don't have at this point. So if I submit TRV application with just proof of WP extension application, won't they convert it to an application for WP? In which case I am afraid, the processing time might run into weeks and I might get stuck in the US.

 

[atlmallu]

Yes. I do have those documents. I have provided these to CIC alongwith my work permit extension application. But even having these documents and proof of extension application alone may not help the TRV application through, I believe. They might still convert it to a work permit application.

So I am planning to return from the US a couple of days earlier than the expiry of my current work permit, and show the documents and proof of extension application at the border to come into Canada. Then planning to wait out on implied status until I get the new WP, and then proceed with getting a TRV. This seems like the safest path right now.

 

[job_seeker]

Yes that is a better plan. Might also help for you to carry those with you when you go out just in case officer at POE asks. All the best.

Yes. I do have those documents. I have provided these to CIC alongwith my work permit extension application. But even having these documents and proof of extension application alone may not help the TRV application through, I believe. They might still convert it to a work permit application.

So I am planning to return from the US a couple of days earlier than the expiry of my current work permit, and show the documents and proof of extension application at the border to come into Canada. Then planning to wait out on implied status until I get the new WP, and then proceed with getting a TRV. This seems like the safest path right now.

 

[jes_ON]

1) I am travelling to the US for Christmas and returning on the 31st of December. CIC call centre told me that I can enter back before 31st midnight by showing proof of extension application, and can continue to work on implied status.

This is very interesting. I'm in a similar situation (though visa-exempt). I want to submit my extension application before I leave Canada for Christmas. I will return early January before my current permit expires (Jan 31, 2011). But I thought I would not be able to do that because then I would loose "implied status." And thought I would have to wait to apply at the border...

I have been confused by the 100's of posts on the subject, which seem to imply that once you submit your extension application, you are on implied status (even tho the first permit has not yet expired), and if you leave Canada, you lose "implied status." Can anyone else confirm that if you submit the extension application, and then you leave and return before the first permit expires, you do not lose implied status? PMM?

 

[atlmallu]

once you submit your extension application, you are on implied status (even tho the first permit has not yet expired), and if you leave Canada, you lose "implied status." Can anyone else confirm that if you submit the extension application, and then you leave and return before the first permit expires, you do not lose implied status? PMM?

I am hearing this interpretation of implied status for the first time. Multiple CIC call centre agents have confirmed to me that I can enter until 31st midnight, provided I carry proof that my extension application is in process, and continue working on implied status.

I would like more opinions on jes_ON's question as well