Applying INLAND for permanent residence

[ashd85]

Visitor record currently expires August 15th. would like to apply through family class for permanent resident in order to stay. Will husband be able to do so or will he be required to leave the country and come back?

When filling out paperwork for sponsor ship they ask about mailing address and Resident address can we put our canadian address where american husband is currently stay on visa record? He doesnt have a established home in the US anymore as he was in the military then in university. He cannot use his families address due to being estranged. Now sure how to go about filling out the paperwork propetrly?

 

[sylvain1]

Visitor record currently expires August 15th. would like to apply through family class for permanent resident in order to stay. Will husband be able to do so or will he be required to leave the country and come back?

When filling out paperwork for sponsor ship they ask about mailing address and Resident address can we put our canadian address where american husband is currently stay on visa record? He doesnt have a established home in the US anymore as he was in the military then in university. He cannot use his families address due to being estranged. Now sure how to go about filling out the paperwork propetrly?

No need to leave the country. Few options: He can apply to extend his stay as a visitor before it expires or you also apply for an open work permit with the spousal sponsorship before his current status expires (he will be on implied status as a visitor from the time his status expires until CIC makes a decision on the work permit). The open work permit will arrive in about 4 months. You can use the Canadian address.

 

[Helena R]

Exactly, as long as you apply for Permanent Residency before the visitor´s visa is due, you´ll have implied status. In that case, there´s no need to leave the country or extend your stay. Just a piece of advice, if you haven´t gathered the documents for the PR application you should start quickly as it´s pretty bulky

 

[dominicantiguan]

Exactly, as long as you apply for Permanent Residency before the visitor´s visa is due, you´ll have implied status. In that case, there´s no need to leave the country or extend your stay. Just a piece of advice, if you haven´t gathered the documents for the PR application you should start quickly as it´s pretty bulky

That's not actually correct. You still have to apply for an extension. Applying for PR doesn't give you implied Status

 

[sylvain1]

Exactly, as long as you apply for Permanent Residency before the visitor´s visa is due, you´ll have implied status. In that case, there´s no need to leave the country or extend your stay. Just a piece of advice, if you haven´t gathered the documents for the PR application you should start quickly as it´s pretty bulky

As @dominicantiguan said, just applying for PR does not extend your status. Applying for an OWP does. So either to apply for PR + visitor extension or PR + OWP.

 

[Helena R]

Thanks for the clarification !

I kind of take for granted that everybody applies for PR and Work Permit at the same time

 

[ashd85]

Ok so as long as I send a application for a Open work permit at the same time as our application for PR he will have implied statues? we dont need to extend his Temporary visa to last until the work visa comes through? Also in order to apply for a open work visa is there any requirements in order to get approved?

Which was is the fastest and easiest for us to get him here to stay? He currently doesnt have a "home" to go back to in the united states but if necessary we are considering renting him a room across the boarder closest to where I live if we have too.. It would cause some financial struggles to have two households but if its the quickest way to get him here we will do it. Also being we are married will my income be a determining factor on whether I can sponsor him? I do work but with a little one Im only able to work part time until he is here.

 

[sylvain1]

Ok so as long as I send a application for a Open work permit at the same time as our application for PR he will have implied statues? we dont need to extend his Temporary visa to last until the work visa comes through? Also in order to apply for a open work visa is there any requirements in order to get approved?

Which was is the fastest and easiest for us to get him here to stay? He currently doesnt have a "home" to go back to in the united states but if necessary we are considering renting him a room across the boarder closest to where I live if we have too.. It would cause some financial struggles to have two households but if its the quickest way to get him here we will do it. Also being we are married will my income be a determining factor on whether I can sponsor him? I do work but with a little one Im only able to work part time until he is here.

So regarding how to apply for an OWP, please read this post (thanks to @profiler ):
http://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-in-land-applications-2016-timeline-and-updates.389295/page-944#post-6126009
Yes you understood correctly, if he applies for an OWP before is current status expires, he will be on implied status from the time his current status expires until CIC makes a decision on the OWP. He will be staying legally here during that period and there will be no need for him to leave Canada during the process.
Regarding your income, there will be no issues. There is no minimal income required to sponsor a spouse or commonlaw (but you cannot be on welfare).

Fastest way for him to get the PR: Outland would likely be faster, but you cannot apply for an OWP and he would need to apply to extend his status as a visitor. So from what you described, applying inland seems to make more sense. Inland PR + OWP, he will get the OWP in about 4 months, the PR in about 12 months, and he will be allowed to stay here during the whole process.