Need Help to stay - Between IEC and PR

mwatsonca · Jul 15th 2012, 8:07 pm

I have a situation! I've had great advice from here before and am hoping if i could get a little more!

My IEC visa runs out in September - my PR application was sent off late April (common law), and I am getting married to my common law partner next June!

I really am looking to find what I need to do to remain in Canada legally between September and my completion of my PR app (hopefully receive in January at the latest).

I applied and was rejected at the first qualifying stage for another IEC to use when this one runs out (too much time away from UK). I also applied for my PR through the London office ("Outside of Canada" application) due to the relatively shorter processing time.

Having permission to work is a huge bonus, but really I just want to be able to remain with my partner whilst i wait for my PR to come through.

Any suggestions? Initially I was thinking i could just drive to the States for the day and then come back in as Tourist. How long would I get this way, and can I do it more than once? Another thought I had would be to apply for an extension (which I know I cant get for IEC right?) but dont know how much time that would buy me. Does applying for PR give me the right to stay whilst I await the decision anyway?? I really am in the dark right now.

Any suggestions/experience would be amazing. Thank you everyone.

**siouxie** · Jul 15th 2012, 8:21 pm

Apply online to change your conditions from IEC to visitor status, request a 1 year validity on the basis that you have an application for PR in place (provide proof of paying the fee's) and you should be ok. Make sure to make the application between 30 and 15 days prior to your current IEC visa running out.

You won't be able to work but it will give you the time to remain in Canada until your PR finalises.

http://www.cic.gc.ca/english/e-servi...tend-visit.asp You need to register so ensure you do so prior to your 30 day deadline, alternatively you can make a paper (mail) application: http://www.cic.gc.ca/english/informa...ns/visitor.asp

Edit: Having an application for PR does not give you any rights unfortunately.

BTJ · Jul 15th 2012, 9:30 pm

You have four options each with their own advantages and disadvantages:

1. Leave Canada once your status expires. Simple from a paperwork perspective, but obviously not what you'd like. Can work in UK.

2. Drive to the US and return to Canada as a tourist. Simplest method to remain in Canada and the decision will be instant, but both the US and Canada could refuse you entry if they do not believe you are a bona fide tourist. No work allowed.

3. Apply to CIC for a change/extension of status as a tourist. Allows you to remain in Canada until a decision is made on the application, even if beyond your current status period - takes roughly a month to process. No work allowed once your IEC status expires.

4. Ask your employer to apply for an LMO and then use that to apply for a work permit either at the border or through the mail. Best solution as you can work and stay in Canada, but need to get employer to advertise the position and hope there aren't any Canadian willing or able to do the job.

mwatsonca · Aug 6th 2012, 8:37 pm

thanks for all your help

I phoned the call centre and the agent told me this was the right thing to do - that i could infact wait until the last day of my current visa to send it electronically if i wanted. I will post back again of what happens to me next!

As always, this forum has again helped keep my heart rate from racing!

Jul 15th 2012, 8:07 pm	#1
mwatsonca Just Joined Joined: Oct 2011 Posts: 20	Need Help to stay - Between IEC and PR I have a situation! I've had great advice from here before and am hoping if i could get a little more! My IEC visa runs out in September - my PR application was sent off late April (common law), and I am getting married to my common law partner next June! I really am looking to find what I need to do to remain in Canada legally between September and my completion of my PR app (hopefully receive in January at the latest). I applied and was rejected at the first qualifying stage for another IEC to use when this one runs out (too much time away from UK). I also applied for my PR through the London office ("Outside of Canada" application) due to the relatively shorter processing time. Having permission to work is a huge bonus, but really I just want to be able to remain with my partner whilst i wait for my PR to come through. Any suggestions? Initially I was thinking i could just drive to the States for the day and then come back in as Tourist. How long would I get this way, and can I do it more than once? Another thought I had would be to apply for an extension (which I know I cant get for IEC right?) but dont know how much time that would buy me. Does applying for PR give me the right to stay whilst I await the decision anyway?? I really am in the dark right now. Any suggestions/experience would be amazing. Thank you everyone.

Jul 15th 2012, 8:21 pm	#2
siouxie Checksum Moderator Joined: Apr 2009 Location: "The Hammer" SW Ontario Posts: 3,204	Re: Need Help to stay - Between IEC and PR Apply online to change your conditions from IEC to visitor status, request a 1 year validity on the basis that you have an application for PR in place (provide proof of paying the fee's) and you should be ok. Make sure to make the application between 30 and 15 days prior to your current IEC visa running out. You won't be able to work but it will give you the time to remain in Canada until your PR finalises. http://www.cic.gc.ca/english/e-servi...tend-visit.asp You need to register so ensure you do so prior to your 30 day deadline, alternatively you can make a paper (mail) application: http://www.cic.gc.ca/english/informa...ns/visitor.asp Edit: Having an application for PR does not give you any rights unfortunately. __________________ www.suzisukarma.com - *Share the moments - share the memories - share the love!* .... Latest 'short' video - come look! Last edited by siouxie : Jul 15th 2012 at 8:25 pm.

Jul 15th 2012, 9:30 pm	#3
BTJ Occasionally Useful Joined: Nov 2009 Location: Somerset, UK Posts: 604	Re: Need Help to stay - Between IEC and PR You have four options each with their own advantages and disadvantages: 1. Leave Canada once your status expires. Simple from a paperwork perspective, but obviously not what you'd like. Can work in UK. 2. Drive to the US and return to Canada as a tourist. Simplest method to remain in Canada and the decision will be instant, but both the US and Canada could refuse you entry if they do not believe you are a bona fide tourist. No work allowed. 3. Apply to CIC for a change/extension of status as a tourist. Allows you to remain in Canada until a decision is made on the application, even if beyond your current status period - takes roughly a month to process. No work allowed once your IEC status expires. 4. Ask your employer to apply for an LMO and then use that to apply for a work permit either at the border or through the mail. Best solution as you can work and stay in Canada, but need to get employer to advertise the position and hope there aren't any Canadian willing or able to do the job. __________________ Move to North America: In the Future...

Aug 6th 2012, 8:37 pm	#4
mwatsonca Just Joined Joined: Oct 2011 Posts: 20	Re: Need Help to stay - Between IEC and PR thanks for all your help I phoned the call centre and the agent told me this was the right thing to do - that i could infact wait until the last day of my current visa to send it electronically if i wanted. I will post back again of what happens to me next! As always, this forum has again helped keep my heart rate from racing!

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