Need Advice if Inland or Outland Spousal sponsorship

[denscheri]

Hello Group.
I am a mother of a PR holder. He met his GF here in Canada 6 months ago. Her status is Experience Canada/Holiday Visa. It just sink in that his GF needs to leave Canada in 2 months. Since there is no way to extend her work permit because it is hard to find a job offer to extend her stay we are down to only spousal sponsorship. The problem is we are running out of time completing HER documents. My son's original documents are all ready to go. Our main problem is her Police Clearance from Korea and also her Birth Certificate. Is there any other options that we can do ? Or is it better she goes home to Korea to complete her docs then apply outland? I am so confused.
Thank you for a the inputs in advance.
Mom of JM

 

[canuck_in_uk]

Hello Group.
I am a mother of a PR holder. He met his GF here in Canada 6 months ago. Her status is Experience Canada/Holiday Visa. It just sink in that his GF needs to leave Canada in 2 months. Since there is no way to extend her work permit because it is hard to find a job offer to extend her stay we are down to only spousal sponsorship. The problem is we are running out of time completing HER documents. My son's original documents are all ready to go. Our main problem is her Police Clearance from Korea and also her Birth Certificate. Is there any other options that we can do ? Or is it better she goes home to Korea to complete her docs then apply outland? I am so confused.
Thank you for a the inputs in advance.
Mom of JM

They need to be married or common-law to apply for sponsorship.

 

[Jnicole45]

Canuck is correct, and to add on to that, if they were to get married so they can apply for sponsorship to keep her here, they would likely face scrutiny about the legitimacy of their relationship.

Is she able to apply to change her status to Visitor so she could potentially establish a common law relationship with your son? If they live together for 12 months then they can apply for sponsorship as Common-Law.

 

[canuck78]

She can change her status to visitor before her IEC runs out. She would no5 be able to work and would not receive healthcare. They can either live together for a year or get married. If they want to live together she can extend her visitor status for another 6 months if she indicates they are living together to claim common law after a year.

 

[denscheri]

What I understand is she can only apply for an open work permit, together with her PR application and Spousal Sponsorship that is if they apply inland.

For outland I understand she can apply for tourist visa to extend her stay plus PR application and Spousal Sponsorship.

They relationship is genuine. And I am the mom of the groom. And our family supports their decision. We just want to make sure we do the right papers.

 

[denscheri]

What I understand is she can only apply for an open work permit, together with her PR application and Spousal Sponsorship that is if they apply inland.

For outland I understand she can apply for tourist visa to extend her stay plus PR application and Spousal Sponsorship.

They relationship is genuine. And I am the mom of the groom. And our family supports their decision. We just want to make sure we do the right papers.

 

[Jnicole45]

What I understand is she can only apply for an open work permit, together with her PR application and Spousal Sponsorship that is if they apply inland.

For outland I understand she can apply for tourist visa to extend her stay plus PR application and Spousal Sponsorship.

They relationship is genuine. And I am the mom of the groom. And our family supports their decision. We just want to make sure we do the right papers.

If she is able to get a police certificate from Korea without being there in person and if she has someone from home who can send her birth certificate to her here in Canada, then she can apply inland. Otherwise, she will have to leave to retrieve her documents and then apply for a visitor visa to return to Canada.

I wasn't doubting the legitimacy of their relationship, and it will certainly help that you support the decision. I just meant your son should be prepared to eventually provide more proof of their relationship or potentially be interviewed about their relationship, as the timing might appear suspicious to IRCC.

 

[canuck78]

What I understand is she can only apply for an open work permit, together with her PR application and Spousal Sponsorship that is if they apply inland.

For outland I understand she can apply for tourist visa to extend her stay plus PR application and Spousal Sponsorship.

They relationship is genuine. And I am the mom of the groom. And our family supports their decision. We just want to make sure we do the right papers.

There are a few things that are wrong in your statements. She will likely have no choice but to switch to visitor status before her IEC ends since her IEC ends in 2 months. It is the best and safest option. If they get married she has 2 options. If she wants to remain in Canada and live with your son she should apply inland and can apply for an OWP at the same time. As long as she has some sort of status in Canada she qualifies for to apply for a OWP through the pilot program. Once she gets AOR from her OWP she has implied status. It is important to get visitor status just in case their application is returned for a missing signature or other reason. If she would be out of status at that point she would no longer qualify for an OWP at around 4 months. Outland is the other option if she wants to travel or they are unable to live in the same place for some reason.

 

[denscheri]

Thank you all for your inputs. And sorry for the wrong choice of words. English is my second language so it is not that proper. Lol.
I am reading and getting all advices I can to help them. Thank you to all who respond. Appreciate it very much.

 

[denscheri]

If she is able to get a police certificate from Korea without being there in person and if she has someone from home who can send her birth certificate to her here in Canada, then she can apply inland. Otherwise, she will have to leave to retrieve her documents and then apply for a visitor visa to return to Canada.

I wasn't doubting the legitimacy of their relationship, and it will certainly help that you support the decision. I just meant your son should be prepared to eventually provide more proof of their relationship or potentially be interviewed about their relationship, as the timing might appear suspicious to IRCC.

Yes. I agree as it is very recent. I will advice her to change and apply for a visitor visa. Will it be okay if I provide a supporting letter for her proof of funds? Will that affect their application for spousal in the future because I am the mother of the groom? They are supposed to get married this month.
Thank you very much!

 

[Jnicole45]

Yes. I agree as it is very recent. I will advice her to change and apply for a visitor visa. Will it be okay if I provide a supporting letter for her proof of funds? Will that affect their application for spousal in the future because I am the mother of the groom? They are supposed to get married this month.
Thank you very much!

I can't advise directly on the visitor visa, as an American I did not need a visa just a visitor record to extend my stay. When I applied for my extension I had to prove that I had the funds to stay in Canada, so I had my husband write a letter of his financial support as proof. I assume there will be a similar requirement for her visitor visa and a letter of financial support from you could be sufficient, but I cannot guarantee that for you.

 

[canuck_in_uk]

I can't advise directly on the visitor visa, as an American I did not need a visa just a visitor record to extend my stay. When I applied for my extension I had to prove that I had the funds to stay in Canada, so I had my husband write a letter of his financial support as proof. I assume there will be a similar requirement for her visitor visa and a letter of financial support from you could be sufficient, but I cannot guarantee that for you.

The person in this situation would also be applying for a Visitor Record, not a visa. Regardless of whether a person is visa-exempt or not, the process to extend a stay as a visitor in Canada is exactly the same.