Hi, I got married to my wife in May 2011. She has been living in Canada on work permits for the past 2.5 years now. Her current work permit is ending as of Dec 2011. We are thinking about applying for her PR application under the spouse category. Do I have to sponsor my wife's PR application under the "spouse living outside Canada" or "spouse living inside Canada", as she will have to return back to her home country in Dec 2011 anyways. When can I sponsor her PR application? Do I have to wait till she returns back to her home country, in Dec 2011? The timeframe for "spouse living outside Canada" takes much shorter time in her home country than for "spouse living inside Canada" category and hence my question on the right approach. Can she stay in Canada for the last few months while I sponsor her PR application under "spouse living outside Canada" category, starting the application process now? I would apprecaite your repsonse on the above scenario and questions, thanks.
Applying for PR under spouse category
- Thread starter my-blue
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RobsLuv
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A lot depends on what country your wife is from but, generally, if she wants to be able to continue working under her current permit (even after it expires) you should apply to sponsor her via the inland process and include an extension to her work permit WITH the PR application - and both need to be received by the Case Processing Centre in Vegreville BEFORE her work permit expires. This is called "implied status" - it allows her to continue working under her original permit, even after it expires, until they finalize the first stage of assessment on her spousal application and issue her a new "open" work permit. This will take 9-10 months, so be sure to track the receipt of the spousal package and extension application to prove that it was received before her WP expires. Finalization can take another 3-8 months.
If you apply outland - yes, it will probably be faster (that depends on the embassy) - but she may not be able to get another work permit. She will need to apply separately to extend her status, and it's safer in that case to apply to extend as a visitor. With proof of your legal marriage and the outland PR ap in process, she should be approved to stay in Canada as a visitor until her PR application is finalized. How long that will take depends on what embassy will be processing it.
If you apply outland - yes, it will probably be faster (that depends on the embassy) - but she may not be able to get another work permit. She will need to apply separately to extend her status, and it's safer in that case to apply to extend as a visitor. With proof of your legal marriage and the outland PR ap in process, she should be approved to stay in Canada as a visitor until her PR application is finalized. How long that will take depends on what embassy will be processing it.
