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BUNAC expired and applying for PR outland

BUNAC expired and applying for PR outland

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Old Jul 23rd 2009, 2:24 am
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Default BUNAC expired and applying for PR outland

Hi everyone

Im new on this forum and after looking around I am a fair bit clearer regarding the PR application process. However I still have some questions with my situation, I hope you guys can help.

First my situation. I came here in April 08 on a one year BUNAC work permit from England to live with my Canadian girlfriend with the future plan to apply for PR after the year. I found a job soon after arriving and have been working there ever since. I was informed by CIC that I would need to extend my WP before I apply for PR so I can continue working during the PR process. I applied for this in Feb 09 and was refused on 25th May 09 due to needing a LMO.

I was then told by CIC that I have 90 days to restore my status. My employer applied for the LMO on 1st June, not heard nothing yet but to be honest I dont think I'll get it as I am sure it wont meet the minimum requirements set by HRSDC etc etc.

So my plan is to now apply for PR (common-law) in the next few weeks. I would have done this months ago if I knew I had little chance to renew my WP! Im hoping we should be fine as we have been living together for 15 months now with ample proof (I hope). But a few questions...

As my 90 days (to restore my status) is up on 24th August, do I need to apply for a Temporary Residence Visa so I can stay here after this date, even though I wont be able to work? If this is the case, will I be able to visit family in England (as we are planning to around christmas) for a few weeks and re-enter Canada (during PR processing) with no problems? Also, do I pay the $200 restoration fee as well as the $150 TRV fee?

Im thinking of applying for PR outland (london) as it seems to be the far better and quicker option. Taking this route, do I need to have a medical and get police checks before I send the application? If so, do I need a police check from Canada and England? I cant seem to find this info on the CIC website. It seems I need this info for inland but what about outland?

And the fees for this. Do we send the $75 sponsor fee, $475 applicant fee and the $490 RPRF all with the application? Total $1040??

Sorry for the long windedness and thanks in advance for any help. Im sure I'll think of one or two more questions though

Dave
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Old Jul 23rd 2009, 2:33 am
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Default Re: BUNAC expired and applying for PR outland

I'll reply with what I know but it doesn't cover everything.

1. The outland spousal sponsorship is the fastest way in.
2. CIC generally asks for the medical report with the application so they can process things faster.
3. You will only require police checks from countries other than Canada where you've lived for more than 6 months.
4. I believe you can pay the RPRF along with the PR application fee at the start to speed things up later.

I'd investigate whether you need the TRV or can just do it with Visa Waiver.

Lastly, get that PR application in and running.
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Old Jul 23rd 2009, 6:06 pm
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Default Re: BUNAC expired and applying for PR outland

So this means I have to mail to England for a police check but not Canada even though Ive been living here for 15 months?

If Im applying outland surely they dont expect a canadian medical... and I certainly cant get one from england as I live here?? So how does this work?
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Old Jul 23rd 2009, 6:25 pm
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Default Re: BUNAC expired and applying for PR outland

Originally Posted by banther
So this means I have to mail to England for a police check but not Canada even though Ive been living here for 15 months?

If Im applying outland surely they dont expect a canadian medical... and I certainly cant get one from england as I live here?? So how does this work?
It's my understanding that you'll have to have a police check for both the UK and Canada anyway (you have to have one for anywhere you've lived more than 6 months).

As for the medical, you can have it done in Canada. Medicals can be done at any DMP, the country doesn't matter at all - lots of people on here who are applying via London (for various visas, not just spousal) have their medicals done in Canada as they are much cheaper.

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Old Jul 23rd 2009, 6:37 pm
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Default Re: BUNAC expired and applying for PR outland

Re: Police checks for Canada.
CIC says no.
Do I need to provide a police certificate when applying for permanent residence?
Only in certain cases. The Canadian visa office will tell you if you need a Canadian police clearance once your application is being processed.
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Old Jul 23rd 2009, 6:43 pm
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Default Re: BUNAC expired and applying for PR outland

Originally Posted by ESarge
Re: Police checks for Canada.
CIC says no.
If you go to the downloadable guide for Spousal Sponsorship, it says the following -

Police certificates

You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens have to provide:
• a valid police certificate, or
• police clearance, or
• record of no information.

These documents are to be provided for each country other than Canada, in which you have lived for six
consecutive months or longer since reaching the age of 18.




Editing to say: for clarity, should say that I understand from the above you will definitely need a police check for the UK, but not for Canada.

Last edited by christmasoompa; Jul 23rd 2009 at 7:44 pm.
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Old Jul 23rd 2009, 9:07 pm
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Default Re: BUNAC expired and applying for PR outland

So I need to send a police check application off to England, get it sent to me here in canada, before I can apply for PR? This could delay me sending off my PR application by another month or so!!

Maybe I'm wrong but I'm sure I read somewhere that CHC in London take care of background and criminal history checks?
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Old Jul 23rd 2009, 9:29 pm
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Default Re: BUNAC expired and applying for PR outland

Hi Banther,

I am just getting all my paper work ready to send of for PR....my Canadian partner is sponsoring me.

To get your police clearance certificate you need to download the forms from the ACRO website. The fees are 35 pounds for the standard service and 70 pounds for the premium service. The standard service aims to have the certificates sent out in 10 working days.

You are responsible for getting your police checks done, NOT CHC. If you are going down the spousal sponsorship route then I believe you also need to have your medical done BEFORE you can send off your PR paper work.

WM x
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Old Jul 24th 2009, 2:06 am
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Default Re: BUNAC expired and applying for PR outland

Hi Dave,

I was in almost EXACTLY the same situation as you are in. I decided to return to the U.K in Feb and work while I did my sponsorship application for P.R. I lost my job in Canada but have since been rehired when I returned.

The entire process from start to finish only took 4 months and there were never any questions asked. Pay every fee up front, get your medical done in Canada, get your police check done by post (takes about three weeks) and fill in EVERY box on the application form.

Good luck, anybody can get through four months whatever path you take.

Cheers
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Old Jul 24th 2009, 2:38 am
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Default Re: BUNAC expired and applying for PR outland

Thanks for the info guys it really helps

Couple of things im not sure of:

On the Schedule 1, Background/Declaration form it asks for "Current country of residence" and "status in that country". I guess I should put Canada but as of 24th August I will have no legal status as my TRV will still be processing at the same time. I think "no legal status" sound bad?? Would this be frowned upon??

On the Application to Sponsor and Undertaking it asks "If you are found ineligible to sponsor.......do you wish to withdraw or proceed" What does this mean?? Even if my girlfriend is ineligible to sponsor me I can still become a PR? If so, whats the point in being eligible?

And on the sponsorship evaluation, it asks for her net income for the past 12 months. Is there a minimum requirement for this. She has always worked full time but what if she doesn't earn enough?

And it seems she also needs to send her Notice of Assessment for the most recent tax year?? Correct?

Thanks again
Dave
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Old Jul 24th 2009, 3:03 am
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Default Re: BUNAC expired and applying for PR outland

The country of residence question is confusing. We opted to say "see attached page" and on there explain that he was currently in Canada as a visitor (on implied status since we'd sent off the form to change his status from Bunac to visitor), however, he technically *resides* in Northern Ireland because he is here as a visitor, not a resident, and that his status in NI is 'citizen'. Does that make sense?

My understanding on the proceed/withdraw question is that you can have them still continue, but if she can't sponsor you, I don't see how you'd be given PR. We opted for 'withdraw'. Perhaps someone else can better explain what happens if she's found ineligible.

My understanding is that she does not have to meet a minimum net income to sponsor her *spouse*. However, the same form is used to sponsor other family members, at which point a minimum does need to be met. So for spousal, it's pretty much just a make-work section, but you still need to complete it.

No, it is not the Notice of Assessment that Rev. Canada sends out to you automatically. It is the Option C Printout of the Notice of Assessment..which is a different document. She just phones Rev. Canada and asks them to issue it. They'll mail it to her and she'll have it within about a week and a half.
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Old Jul 24th 2009, 4:53 am
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Default Re: BUNAC expired and applying for PR outland

Hi

Originally Posted by Kynn
The country of residence question is confusing. We opted to say "see attached page" and on there explain that he was currently in Canada as a visitor (on implied status since we'd sent off the form to change his status from Bunac to visitor), however, he technically *resides* in Northern Ireland because he is here as a visitor, not a resident, and that his status in NI is 'citizen'. Does that make sense?

My understanding on the proceed/withdraw question is that you can have them still continue, but if she can't sponsor you, I don't see how you'd be given PR. We opted for 'withdraw'. Perhaps someone else can better explain what happens if she's found ineligible.

My understanding is that she does not have to meet a minimum net income to sponsor her *spouse*. However, the same form is used to sponsor other family members, at which point a minimum does need to be met. So for spousal, it's pretty much just a make-work section, but you still need to complete it.

No, it is not the Notice of Assessment that Rev. Canada sends out to you automatically. It is the Option C Printout of the Notice of Assessment..which is a different document. She just phones Rev. Canada and asks them to issue it. They'll mail it to her and she'll have it within about a week and a half.

If you request to withdraw, then you lose your right of appeal. If you don't withdraw and the application is refused overseas if the sponsor is ineligible, then the sponsor has the right to appeal the refusal.
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Old Jul 24th 2009, 10:36 am
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Default Re: BUNAC expired and applying for PR outland

Originally Posted by PMM
Hi




If you request to withdraw, then you lose your right of appeal. If you don't withdraw and the application is refused overseas if the sponsor is ineligible, then the sponsor has the right to appeal the refusal.
Now I'm really confused (sorry!). I thought the sponsor's eligibility was determined by Mississauga (ie. that's why the app gets mailed to Mississauga for outland - they either approve you as a sponsor or tell you you aren't eligible and then forward the stuff to London if you ARE eligible). I have a horrible feeling that I checked the wrong box.
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Old Jul 24th 2009, 11:36 am
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Default Re: BUNAC expired and applying for PR outland

Originally Posted by banther
Hi everyone

Im new on this forum and after looking around I am a fair bit clearer regarding the PR application process. However I still have some questions with my situation, I hope you guys can help.

First my situation. I came here in April 08 on a one year BUNAC work permit from England to live with my Canadian girlfriend with the future plan to apply for PR after the year. I found a job soon after arriving and have been working there ever since. I was informed by CIC that I would need to extend my WP before I apply for PR so I can continue working during the PR process. I applied for this in Feb 09 and was refused on 25th May 09 due to needing a LMO.

I was then told by CIC that I have 90 days to restore my status. My employer applied for the LMO on 1st June, not heard nothing yet but to be honest I dont think I'll get it as I am sure it wont meet the minimum requirements set by HRSDC etc etc.

So my plan is to now apply for PR (common-law) in the next few weeks. I would have done this months ago if I knew I had little chance to renew my WP! Im hoping we should be fine as we have been living together for 15 months now with ample proof (I hope). But a few questions...

As my 90 days (to restore my status) is up on 24th August, do I need to apply for a Temporary Residence Visa so I can stay here after this date, even though I wont be able to work? If this is the case, will I be able to visit family in England (as we are planning to around christmas) for a few weeks and re-enter Canada (during PR processing) with no problems? Also, do I pay the $200 restoration fee as well as the $150 TRV fee?

Your 90 days actually starts from the date your BUNAC expired (so April) NOT the date of the letter saying your WP application is refused. We had the same letter and I spoke to many people about this and eventually went to see someone at the local CIC office and they confirmed this.

As I understand it, you have to pay both fees - however as your probably more or less up to your 90 days your best bet is to drive to the border to activate your TRV. If you do it this way, you do not need to pay the restoration fee as you will have left the country and started afresh as it were.


Im thinking of applying for PR outland (london) as it seems to be the far better and quicker option. Taking this route, do I need to have a medical and get police checks before I send the application? If so, do I need a police check from Canada and England? I cant seem to find this info on the CIC website. It seems I need this info for inland but what about outland?

You need to have Police checks to send in - only from England (along with other places you may have lived prior to moving to Canada.

And the fees for this. Do we send the $75 sponsor fee, $475 applicant fee and the $490 RPRF all with the application? Total $1040??

You don't HAVE to send the RPRF fee in initially - they will request it from you before your application can be finalised.

Sorry for the long windedness and thanks in advance for any help. Im sure I'll think of one or two more questions though

Dave
See above in red.

Last edited by AmyDavid; Jul 24th 2009 at 11:39 am. Reason: to remove info re medical
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Old Jul 24th 2009, 5:53 pm
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Default Re: BUNAC expired and applying for PR outland

This cant be right. It takes that long to apply for WP! This would only give me a few days to restore status! Sounds ridiculous! I spoke with a CIC agent who said I had 90 days as of 25th May. Maybe the one I spoke to was wrong but if it went from 9th April (when my WP expired), this would mean my 90 days was up about 2 weeks ago. Now what do I do??

AmyDavid, you're saying I can drive to Buffalo and flagpole (without any legal status (if my 90 days really did go from 9th April)) and they would issue me a TRV? What happens if they dont let me back in because I allowed my status to expire? Can this happen, can they deport me? This is concerning me as my PR application will not be ready to go for a few more weeks at least!
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