Spousal Sponsorship + OWP while moving? (help!)

[marsilius]

Dear forum guru's,

Wife (and kids) are Canadian. She's moving back - a rush - from NY to start a new job with gov't. We are filing a Spousal Application for me (UK Citizen, living in NY on a G-4, diplomatic visa) and planning to put the OWP application in the packet. I have a valid ETA as well. A few things I'm struggling to understand and would be thankful for advice:

(1) Is it okay for the physical addresses on our application to become invalid after we submit them? e.g. we use our US addresses, but then...move to Canada? Or should we just use our address in Canada?

(2) Which OWP application should I use? Should I use IMM 1295 — Application for Work Permit Made Outside Canada – February 2018 or IMM 5710 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker? is it okay if I use I-1295, then just go to Canada?

Is there any advantage to filing outland (outside canada, from NYC) this week? or is it in fact better to wait until we are in Canada (May 01)

Thanks in advance for help!

Rahul

 

[zardoz]

Dear forum guru's,

Wife (and kids) are Canadian. She's moving back - a rush - from NY to start a new job with gov't. We are filing a Spousal Application for me (UK Citizen, living in NY on a G-4, diplomatic visa) and planning to put the OWP application in the packet. I have a valid ETA as well. A few things I'm struggling to understand and would be thankful for advice:

(1) Is it okay for the physical addresses on our application to become invalid after we submit them? e.g. we use our US addresses, but then...move to Canada? Or should we just use our address in Canada?

(2) Which OWP application should I use? Should I use IMM 1295 — Application for Work Permit Made Outside Canada – February 2018 or IMM 5710 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker? is it okay if I use I-1295, then just go to Canada?

Is there any advantage to filing outland (outside canada, from NYC) this week? or is it in fact better to wait until we are in Canada (May 01)

Thanks in advance for help!

Rahul

For a start, you can only submit an OWP application with an "inland" application (Spouse or common-law partner in Canada class). Don't waste your time if you are not already established in Canada and living together at the same permanent Canadian address.

 

[marsilius]

For a start, you can only submit an OWP application with an "inland" application (Spouse or common-law partner in Canada class). Don't waste your time if you are not already established in Canada and living together at the same permanent address.

Dear Zardoz,

Thanks. A bit confused. Can I not apply for the spousal sponsorship from overseas, then move in on an ETA, then apply for an OWP through IMM 5710? (sorry -- my first week reading through the rules and...)

thanks.

 

[scylla]

Dear Zardoz,

Thanks. A bit confused. Can I not apply for the spousal sponsorship from overseas, then move in on an ETA, then apply for an OWP through IMM 5710? (sorry -- my first week reading through the rules and...)

thanks.

No - you cannot.

You can only apply for an OWP if you have applied for PR inland. To apply for PR inland, both you and the sponsor must be physically in Canada.

If you are outside of Canada, your only option is to apply outland. There's no OWP with outland.

 

[zardoz]

Dear Zardoz,

Thanks. A bit confused. Can I not apply for the spousal sponsorship from overseas, then move in on an ETA, then apply for an OWP through IMM 5710? (sorry -- my first week reading through the rules and...)

thanks.

Nope. If you apply "outland", there is no eligibility for any form of open work permit. You would need to obtain a closed work permit if you want to work before PR status is granted. Sorry...