Is he living here?

[sele2022]

My spouse entered canada in October with the intention to apply from within Canada, he's currently here on a visitor's visa.

I've had a lot of confusion regarding whether or not we're applying from "outside of canada" or "inside of canada", as the border mentioned very specifically while we received the visitor visa that he does not have a place of residence in Canada yet so he is not "inside canada". For all intents and purposes, he's practically living here- but still has the option to go back home in the US to his parent's house.

I feel like this confused me- can we still apply within canada? I thought applying within Canada on a visitor's permit was fine as long as he's not working and following the guidelines of the visa?

I'm finishing up the imm 5532 and it asks "are you living together"? Are we? I'd like to truthfully answer this, but it's really up to what the interpretation is!

 

[Ponga]

By saying `spouse', does that mean that you are legally married, or are you his common-law spouse?

He is very much `inside Canada'! LOL! The real crux of the issue is...is he living in Canada, or is he visiting you in Canada.

A Foreign National (FN) that is visiting Canada can apply for Spousal sponsorship, by either submitting the SCPLC (In Canada) application [which is processed entirely in Canada], or an Outland application - even if the person is physically `IN' Canada.

The advantage of a SCLPC application is that once the applicant has received the AOR (Acknowledgement of Receipt) email from IRCC, indicating that they have received the application, the applicant is then eligible to apply for an Open Work Permit (OWP). The cost for that is $255 total and seems to take a couple of months to receive.

An Outland applicant is not eligible for the OWP, but...many have found that their PR processing time was less, so unless he needs to work before he is a PR, you should at least consider an Outland application. Plus, unlike an Inland applicant, he would not be required to remain in Canada during the process.

Whichever application you choose, be sure that he maintains his visitor status in Canada. While an Inland applicant may still be approved for PR if they let their legal status expire, the same may not apply to an Outland applicant that is in Canada. Inland applicants have the pseudo protection of a Public Policy that waives the requirement of having legal status, but does not guarantee with absolute certainty that they can remain in Canada. Most seem to be fine unless/until their PR application is not approved.

I'm sure others (with more knowledge) will chime in very soon.

Good luck!

 

[canadian416]

Omg this is confusing

We are legally married and I plan on filing an outland application for my wife. We are technically living together in Canada. We have a shared bank account, phone bill under and CIBC credit card under her name, etc..

Well, if you file an outland aoplication, do you have to leave the country as you can only stay 6 months at a time with a visitor visa or you can stay longer than 6 months as there is an spousal application (outland) in process?

 

[CherryCake]

Omg this is confusing

We are legally married and I plan on filing an outland application for my wife. We are technically living together in Canada. We have a shared bank account, phone bill under and CIBC credit card under her name, etc..

Well, if you file an outland aoplication, do you have to leave the country as you can only stay 6 months at a time with a visitor visa or you can stay longer than 6 months as there is an spousal application (outland) in process?

You can apply for a visitor record to extend your stay before your 6 months are up, but sponsorship application in process doesn't grant you status (so you'll be out of status if you stay more than 6 months and don't apply for extension).

 

[CherryCake]

My spouse entered canada in October with the intention to apply from within Canada, he's currently here on a visitor's visa.

I've had a lot of confusion regarding whether or not we're applying from "outside of canada" or "inside of canada", as the border mentioned very specifically while we received the visitor visa that he does not have a place of residence in Canada yet so he is not "inside canada". For all intents and purposes, he's practically living here- but still has the option to go back home in the US to his parent's house.

I feel like this confused me- can we still apply within canada? I thought applying within Canada on a visitor's permit was fine as long as he's not working and following the guidelines of the visa?

I'm finishing up the imm 5532 and it asks "are you living together"? Are we? I'd like to truthfully answer this, but it's really up to what the interpretation is!

It's in their guide that you can apply under in Canada class if your spouse lives with you in Canada and has valid temporary status. Worked for me, I am on a visitor's visa as well.
As for that question we just answered "yes" and wrote that I'm staying with my husband at his place (where else am I supposed to stay lol)

 

[canadian416]

You can apply for a visitor record to extend your stay before your 6 months are up, but sponsorship application in process doesn't grant you status (so you'll be out of status if you stay more than 6 months and don't apply for extension).

Thank you for your input. Processing time for extension appears to be 6 months.

What if CBSA only allows you to stay 3 months (stamps your pasport or gives you a some sort of stay permit less than 6 months) when you arrive at the border?

You have to leave within 3 months or wait until the decision of the extention request?

 

[CherryCake]

Thank you for your input. Processing time for extension appears to be 6 months.

What if CBSA only allows you to stay 3 months (stamps your pasport or gives you a some sort of stay permit less than 6 months) when you arrive at the border?

You have to leave within 3 months or wait until the decision of the extention request?

Yeah, processing times are ridiculous. My application was processed in 4 months, I applied a month before expiry of my status.

I believe it's the same process no matter the length of your stay. You can stay until they make a decision even if it's past the date on your stamp, you'll be on maintained status.