Time to Renew the Work Permit


 

Canadian Work Permit
As much as I had hoped I wouldn’t need to do it, the time has come to renew my work permit – it expires in September.  When I looked at the CIC website a few months back I was impressed to see that their processing times were only a few weeks for a renewal.  Some time in the past few months they must have been hit with a surge in applications, however, because they now require 55 days for a renewal application (or a mere 54 days if you submit it online!)

Normally I wouldn’t be too concerned, but of course with a negative determination on my FSW application, it seems likely that it is more likely to be subject to questioning.  Of course, the fact I have to cross the border on a regular basis does make this a bit more complicated – if I’d known the time to process was two months, I’d have submitted back at the beginning of May – when the time to process was just a couple of weeks.  Hindsight, as always, is much better than foresight.

In addition, the application form that one uses at the border has changed substantially – it now explicitly asks about all previous applications.  The inland renewal application asks about “serious medical conditions”.   Thus, either way I try to process a renewal it is far more likely I’m going to be subject to additional scrutiny.

My attorney has recommended filing via the inland renewal process.  My concern with that is that as the processing time is now almost two months (and seems to have slowed down by two days in the past week) I’m going to end up being forced to leave for work prior to the actual renewal – particularly if it is referred to a local office (here in Vancouver, no doubt) for additional processing.  My attorney has argued that the information I provided before (insurance coverage) should be sufficient to obtain a renewal. I’d expect my Canadian spouse to carry as much weight, to be honest, and I have to include a spousal declaration on my application in any case.

If I do have to leave Canada while an inland renewal is in process, one of three things will happen:

  • My renewed work permit will be issued prior to my return to Canada (in that case, I can just have someone forward it to me);
  • I can submit an application at the POE (Port of Entry);
  • I can request a “visitor record” for the period of time while they are processing my renewal inland (but legally I cannot work in Canada during that time.)

As long as I remain in Canada, I can continue working (“implied status”).

I sent everything along to my attorney for his review and I’m now waiting to hear back from him.  I will send in the inland renewal (this week) and then if I do need to leave the country I will make sure I have everything that I need to submit the application at the POE – the “don’t work in Canada” doesn’t work so well for my situation (the idea of a vacation does sound nice, but it doesn’t really work for me.)

Of course, I really hope that this is the last time I’ll have to renew my work permit.

 

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Three months and counting


Cat waiting outside of mouse hole

Three months and counting

As I write this, I realize that it will be three months since my file was sent to the court for a decision.  Thus, my case now seems to stretch into an unusual category, since this time of extended delay seems, from what I can tell, to be remarkably unusual.

Companioni took three weeks to decide (and review was granted).  Another case of someone I know took two months for a denial.  Ovalle took just under a month to decide (and review was again granted).  While I’m sure there are other cases that wait three months for a decision on the application, I have not found one.  This leaves me in the peculiar position of wondering why it is taking so long to actually make a decision.  Part of me wonders if the Court is waiting to see if CIC makes a decision on my other application (thus allowing the Court to wriggle out of making a decision that is unlikely to be popular, regardless of what they decide.)

Of course, nothing seems to be moving when it comes to the Canadian government and any of my applications.  At the beginning of July, the GCMS notes for my request to Seattle (for the TRP – in order to definitively settle the question of admissibility or not) indicated that Seattle had still not started processing my application.  Given that they quoted a three to six month application time frame (and it’s now at five months) I’m now wondering if even six months is a realistic number.

Heck, I’m still waiting to hear from CIC with respect to my request to withdraw the sponsored spousal application (indeed, that hurt to do – I put it off until May, but I didn’t seem to have much choice in the matter.)  Knowing my luck, they’ll finally match the withdrawal letter with the file the dayafter the Court declines to grant my judicial review application.

The final looming deadline is that my current work permit expires on September 3, 2012.  That means that in about a month’s time I will need to gather up all the paperwork for it and submit a renewal. Of course, my hope had been to have a TRP by then so I could apply for the renewal of both the work permit and the TRP at the same time – but that really only worked if I had the TRP by June.  At this point, even if i did get the TRP, I seriously doubt I could get a renewal of the work permit and the TRP prior to September 3, 2012.  Of course, an inland application for a work permit is automatically canceled if you leave Canada after the expiration of the first work permit and prior to the granting of the second (new) permit.

The inland work permit application differs from the outland application in one critical area.  The inland permit renewal asks if you have any “serious medical conditions” and while I wouldn’t think of an asymptomatic disorder to be “serious” I’ve been assured by my attorney that CIC considers it to be one and that I must answer yes.  The outland permit renewal asks if you have any serious medical conditions that require treatment other than prescription medications and the answer for that in my case is “no”.  Indeed, my attorney told me that he was involved in the drive to change the rules (and specifically this field of the form).

So I’m not quite at the point where I have to prepare for the work permit renewal.  But I’m already thinking about it.

In the meantime, it’s now been three months, no decision.  Perhaps there will be a decision tomorrow – or not.  Only time will tell.