Inland application - am i getting this right?

[zcypher]

Hi all,

I'm hoping to get some feedback from the more experienced members before we proceed, to hopefully minimize any headaches. I'm Canadian, my partner is Filipino, she was successful in getting her visitor visa last year. We've been together for 2 years and plan to get married and finally start our life together here in Canada. She started building a bit of financial history here as of last year, when she opened a bank account and credit card with TD.

If I am not mistaken, it should be possible for her to arrive here on visitor visa, get married here, then once the marriage certificate arrives, submit inland application for PR, and application for open work permit. As I understand it, while waiting for PR she must maintain status - either by obtaining the open work permit, or an extension to the visitor visa. My understanding is also that, while waiting for the OWP application, status is implied (ie, if her visitor visa allows her a stay only up to a maximum of 6 months, but the OWP application takes a bit longer than that, it's OK?). My understanding is that once she has OWP, she can work more or less at any normal employer in Canada (obviously, some exceptions).

I'm not sure if I'm way off base or if something critical has escaped me. If so, I'm counting on you fine folks to enlighten me! I'm confident we can fulfill all the requirements, but I don't want to cause undue stress and delay by my own ignorance.

Thanks in advance for any info or tips!

 

[canuck_in_uk]

Hi all,

I'm hoping to get some feedback from the more experienced members before we proceed, to hopefully minimize any headaches. I'm Canadian, my partner is Filipino, she was successful in getting her visitor visa last year. We've been together for 2 years and plan to get married and finally start our life together here in Canada. She started building a bit of financial history here as of last year, when she opened a bank account and credit card with TD.

If I am not mistaken, it should be possible for her to arrive here on visitor visa, get married here, then once the marriage certificate arrives, submit inland application for PR, and application for open work permit. As I understand it, while waiting for PR she must maintain status - either by obtaining the open work permit, or an extension to the visitor visa. My understanding is also that, while waiting for the OWP application, status is implied (ie, if her visitor visa allows her a stay only up to a maximum of 6 months, but the OWP application takes a bit longer than that, it's OK?). My understanding is that once she has OWP, she can work more or less at any normal employer in Canada (obviously, some exceptions).

I'm not sure if I'm way off base or if something critical has escaped me. If so, I'm counting on you fine folks to enlighten me! I'm confident we can fulfill all the requirements, but I don't want to cause undue stress and delay by my own ignorance.

Thanks in advance for any info or tips!

Hi

Looks like you have a pretty good handle on the process.

 

[zcypher]

Hi

Looks like you have a pretty good handle on the process.

Thanks for the vote of confidence! There's definitely some things I have to clear up still, one of them being the stipulation about family member information.

The guide (https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#mail) says:

"Important information: Declaring all family members
If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.

In addition, all family members must be examined as part of the process of applying for permanent residence in Canada, even if they will not come to Canada with the principal applicant."​

But then when you click on "Family members" (http://www.cic.gc.ca/english/helpcentre/glossary.asp?_ga=2.31316215.959081807.1526854250-2131810885.1524083634#family_members), it defines this as:

"An applicant’s closest relatives, in the context of an application to IRCC. It is defined as a spouse or common-law partner, dependent children, and their dependent children."​

And on http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=256&top=28&_ga=2.136304889.959081807.1526854250-2131810885.1524083634:

"You must include all your family members even if they are not coming to Canada with you. This includes:

• spouse or partner
• dependent children
• dependent children of dependent children (grandchildren)"

The actual form (IMM5406) does include fields for mother, father, brothers and sisters, although it only states that spouse and children would have to complete their own copies of the form. So it's kind of unclear whether they are actually expecting the other documents (police clearance + birth certificates) of mother/father/brothers/sisters, or only for the applicant and any dependents/accompanying.

Edit: I found another thread that addresses this concern: https://www.canadavisa.com/canada-immigration-discussion-board/threads/what-means-family-members.507594/

So I guess if that is accurate, they are not expecting any police clearance or such for her parents/siblings, and only the spouse/children/dependents would count within their definition of family members for that. I hope that's right!

 

[canuck_in_uk]

Thanks for the vote of confidence! There's definitely some things I have to clear up still, one of them being the stipulation about family member information.

The guide (https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#mail) says:

"Important information: Declaring all family members
If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.

In addition, all family members must be examined as part of the process of applying for permanent residence in Canada, even if they will not come to Canada with the principal applicant."​

But then when you click on "Family members" (http://www.cic.gc.ca/english/helpcentre/glossary.asp?_ga=2.31316215.959081807.1526854250-2131810885.1524083634#family_members), it defines this as:

"An applicant’s closest relatives, in the context of an application to IRCC. It is defined as a spouse or common-law partner, dependent children, and their dependent children."​

And on http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=256&top=28&_ga=2.136304889.959081807.1526854250-2131810885.1524083634:

"You must include all your family members even if they are not coming to Canada with you. This includes:

• spouse or partner
• dependent children
• dependent children of dependent children (grandchildren)"

The actual form (IMM5406) does include fields for mother, father, brothers and sisters, although it only states that spouse and children would have to complete their own copies of the form. So it's kind of unclear whether they are actually expecting the other documents (police clearance + birth certificates) of mother/father/brothers/sisters, or only for the applicant and any dependents/accompanying.

The definition of Family Members is very clear.

The fact that the Additional Family Information form requests info on parents/siblings has nothing to do with the rest of the application.