Moving to Canada whilst Spouse sponsorship is in progress

[Ravioli]

Hello,

I am a British citizen and have applied for Outland Spousal PR from the UK last month. My husband who is Canadian citizen is already working and living in Canada as of last year.
I always had the intention of applying for the PR from outside Canada considering the colossal processing times and the fact I needed to close some loose ends here in the UK.
Current situation is that next week I'm all ready to travel to Canada to join my husband so we can be together as a family whilst the remaining stages of the application will be processed (As I'm moving there, I will update the mailing address so the IRCC is aware about my change).

My question is when I get to the Canadian immigration at the airport, do I tell them about my current situation that I have a PR application in progress so will they let me enter OR do I enter Canada without giving them any information on my PR application? I am not sure which option is better as I do not want to risk getting denied entry to Canada

Any help would be greatly appreciated.

Thank you!

 

[MJSPARV]

You’ll want to say you’re visiting your spouse, not moving. You can’t MOVE until you have PR. I did mention my PR application was in progress - they can see it /easily find out anyway.

 

[Ravioli]

Thank you for your response. I will mention that Im only visiting my husband as I do have a return ticket for the UK in Oct (approx after 5 months stay) so hopefully that would be enough to convince him. Once Im there, I plan on applying for the OWP and hopefully shouldnt have any trouble applying for it on my eta and extending the permission to stay longer than 5 months if I wanted to.

 

[JFBee]

Hi,
I do not want to bring your hopes down, but in order to be eligible apply for SOWP you need to live in Canada (not visiting) with your sponsor (inland application) and have received the AOR (or be within 14 days of expiry date of your old permit).

Correct me if I am wrong, but as far as I know outland applicants can only apply for an OWP at the port of entry after the PR was approved.

Maybe there is someone here who actually went through the process and can give you first-hand information.

 

[scylla]

Hi,
I do not want to bring your hopes down, but in order to be eligible apply for SOWP you need to live in Canada (not visiting) with your sponsor (inland application) and have received the AOR (or be within 14 days of expiry date of your old permit).

Correct me if I am wrong, but as far as I know outland applicants can only apply for an OWP at the port of entry after the PR was approved.

Maybe there is someone here who actually went through the process and can give you first-hand information.

Rules changed a long time ago. Outland applications qualify for an OWP if the applicant is in Canada. So OP's plan is fine.

 

[MJSPARV]

Thank you for your response. I will mention that Im only visiting my husband as I do have a return ticket for the UK in Oct (approx after 5 months stay) so hopefully that would be enough to convince him. Once Im there, I plan on applying for the OWP and hopefully shouldnt have any trouble applying for it on my eta and extending the permission to stay longer than 5 months if I wanted to.

Definitely phrase it as “I am visiting my husband until my return flight on X.” I think with a return flight you should be just fine, so long as you refer to it as a visit and avoid using the m- word (move). Good luck!

 

[JFBee]

Rules changed a long time ago. Outland applications qualify for an OWP if the applicant is in Canada. So OP's plan is fine.

Ok, I might be wrong then. I just went by the IRCC info page and it clearly states you have to live in Canada with your sponsor.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

"
Principal permanent residence applicants
When you apply for your open work permit, you must also be

• -in a genuine relationship with your sponsor
• -included in an application for permanent residence, and have an acknowledgement of receipt (AOR)letter confirming that your permanent residence application is being processed
  • The AOR must be for your permanent resident application. It’s the AOR your sponsor receives from IRCC.
• -living in Canada with your sponsor"

I thought there is a way for spouses of foreign workers in Canada, but not if the sponsor is Canadian citizen.

 

[scylla]

Ok, I might be wrong then. I just went by the IRCC info page and it clearly states you have to live in Canada with your sponsor.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

"
Principal permanent residence applicants
When you apply for your open work permit, you must also be

• -in a genuine relationship with your sponsor
• -included in an application for permanent residence, and have an acknowledgement of receipt (AOR)letter confirming that your permanent residence application is being processed
  • The AOR must be for your permanent resident application. It’s the AOR your sponsor receives from IRCC.
• -living in Canada with your sponsor"

I thought there is a way for spouses of foreign workers in Canada, but not if the sponsor is Canadian citizen.

Yes, that part is correct. But you can still qualify for the OWP if you applied outland and then traveled to Canada. It's not limited to inland applications. That is the rule that changed some time ago. So OP's plan to come to Canada under an outland application and then apply for an OWP is totally feasible and lots here have done that.

 

[scylla]

Hi,
I do not want to bring your hopes down, but in order to be eligible apply for SOWP you need to live in Canada (not visiting) with your sponsor (inland application) and have received the AOR (or be within 14 days of expiry date of your old permit).

Correct me if I am wrong, but as far as I know outland applicants can only apply for an OWP at the port of entry after the PR was approved.

Maybe there is someone here who actually went through the process and can give you first-hand information.

I can't find the IRCC announcement itself but the rule changed back in summer of 2023 allowing outland applicants to apply for an OWP. You can see multiple mentions of this on third party immigration sites. See below as one example.

https://www.cicnews.com/2023/07/canada-family-sponsorship-open-work-permits-now-also-available-for-outland-applications-0736223.html#gs.l6c35a

"The new measure means those who are applying from outside of Canada (outland sponsorship) are now eligible for open work permits."

 

[JFBee]

Ok, thanks for the clarification. I learned something new. The last time I really looked into it was in 2022, so right before they changed it.

 

[Ravioli]

Thanks alot for all your advice and recommendations on using the right choice of words. I will keep you posted on my progress once Im in Canada (as might need help regarding OWP application process as I couldn't find the information on how to apply for it easily.

 

[Marile]

Hey Ravioly,

Isn't there a risk of misrepresentation? Did you get a new ETA or are you planning on using the one you already have?
Cheers

 

[Ravioli]

Its an older eta, in terms of misrepresentation, I don't think that will be the case. At first I am going to be a tourist/family member who has applied for PR and legally allowed to be in the country for 6 months as a tourist. And at late stage if I want to stay for longer with my family and support myself, I would like to know what my options are. So not really misrepresentation just preparing myself ahead for the inevitable circumstances