Aussie, WHP with 5 months on it, just married to a Canadian

[MrJB]

Hi all,
I am 31, been here since July 2012. I married my Canadian wife in November. We are currently gathering documents to apply for permanent residency.
We were under the impression once my application was submitted, I could continue living and working in Canada under implied status.
But now it looks like that is incorrect, and I can't figure out how to extend my visa.
So, three questions;
1. Do I get implied status, or do I have to apply for a new WHP or equivalent?
2. If I do have to do that, what is the visa I should apply for?
3. Should I submit that along with my PR application, or separately? And if separately, first, or second?
I love that this forum exists, hope someone can help me! I owe you a beer or 20 if you can!

 

[fandv]

Hi all,
I am 31, been here since July 2012. I married my Canadian wife in November. We are currently gathering documents to apply for permanent residency.
We were under the impression once my application was submitted, I could continue living and working in Canada under implied status.
But now it looks like that is incorrect, and I can't figure out how to extend my visa.
So, three questions;
1. Do I get implied status, or do I have to apply for a new WHP or equivalent?
2. If I do have to do that, what is the visa I should apply for?
3. Should I submit that along with my PR application, or separately? And if separately, first, or second?
I love that this forum exists, hope someone can help me! I owe you a beer or 20 if you can!

G'day mate!

I've never applied for WHP, so I'm not sure about its rules, restrictions, requirements, etc.

What I know is this: if you apply from within Canada (meaning, you send your application to Vegreville, AB), it's called an inland application. Whereas if you send your application to Sydney (NSW), then it's an outland application.
According to what I've learnt from this forum, it's a generally accepted belief that if one is from a visa exempt country (which you are), then applying outland is the better option, and the reason is because the processing time is faster than inland, and also, being visa exempt means you can enter Canada pretty easily (however, no employment is allowed within Canada unless you have the working holiday visa, which I believe has a time limit right?) Another advantage that in the unlikely event that the application got refused, you can appeal if applying outland (on the other hand, you can't appeal a refused inland application.)


Should I submit that along with my PR application, or separately? And if separately, first, or second? ======> I do believe that the PR application is always submitted alone. There's never another visa application that accompanies it, I think.....

Wish I could provide you with more information, but my wife applied outland, so I'm not too familiar with the rules and requirements for applying inland, so I just told you what I know. I'll let the more senior members (especially who applied inland) provide more information.

All the best to you and your wife, mate! (Btw I've been to Australia once when I was 12....loved it so much and can't wait to go back there )

 

[MrJB]

Thanks!
Can you apply outland if you're living in Canada though? I live in Toronto.
WHP is an IEC visa. It's got 5 months left on it.

 

[fandv]

Thanks!
Can you apply outland if you're living in Canada though? I live in Toronto.
WHP is an IEC visa. It's got 5 months left on it.

Yes, 100%, absolutely, you can apply outland even if you're in Canada (or any other countries than Australia). If you decide to apply outland, it's highly advisable that you use a premium courier (such as FedEx or DHL) *with tracking* to send your application to CPC-Mississauga (commonly called CPC-M). CPC-M will assess your wife's eligibility to sponsor you, and if she's eligible, CPC-M will then (using diplomatic courier, I believe) forward your application to the Canadian visa office in Sydney, NSW, where the application will be further assessed; except this time they will assess YOUR eligibility (background check, criminal records, health, etc) and how genuine your relationship is.

Outland forms:
http://www.cic.gc.ca/english/information/applications/fc.asp

Inland forms:
http://www.cic.gc.ca/english/information/applications/spouse.asp

 

[canuck_in_uk]

1. Do I get implied status, or do I have to apply for a new WHP or equivalent?
2. If I do have to do that, what is the visa I should apply for?
3. Should I submit that along with my PR application, or separately? And if separately, first, or second?

As an Australian, there is no advantages for you to apply inland. Apply outland through Sydney, it's one of the fastest VOs around; someone on the Sydney thread just had their app processed in 3 months, start to finish. http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-applications-through-sydney-australia-office-t46958.1305.html

1. No Implied Status from the PR app. If you qualify for another IEC, then you can definitely apply for it. If not, you will need to apply to change the conditions of your stay to visitor.

2. http://www.cic.gc.ca/english/information/applications/visitor.asp

3. Separately. Your PR app will go to Mississauga, Ontario. The change of condition app would go to Vegreville, Alberta. It doesn't matter which is sent first, just as long as the change of condition app is sent before your current status expires.


If you are unable to get a second IEC and instead apply to change your conditions to visitor, you must stop working as soon as your IEC expires. If you work beyond that, you will be working illegally.

 

[MrJB]

That is awesome! If I apply outland I'll probably get my answer before my WHP even expires.
I did not know I could go that route. You people have been awesome.
I'm in Toronto, and you're owed a beer. Feel free to PM me.

 

[BubbOZ]

Hi...

I guess you're referring to us getting our PR in 3 months... Just a caveat... We went through Quebec and CIC so that might not be an exact apples to apples comparison...

But yes... Apply outland and get all your documents in order (medical and police checks), including traffic reports if you've lived in either VIC or QLD.

http://www.cic.gc.ca/english/information/security/police-cert/asia-pacific/australia.asp

That is awesome! If I apply outland I'll probably get my answer before my WHP even expires.
I did not know I could go that route. You people have been awesome.
I'm in Toronto, and you're owed a beer. Feel free to PM me.

 

[MrJB]

Hi...

I guess you're referring to us getting our PR in 3 months... Just a caveat... We went through Quebec and CIC so that might not be an exact apples to apples comparison...

But yes... Apply outland and get all your documents in order (medical and police checks), including traffic reports if you've lived in either VIC or QLD.

I'll call vicroads tonight - can't remember by VIC drivers licence number. You mention you did Medical with the application, how'd you do that?

 

[canuck_in_uk]

I'm in Toronto, and you're owed a beer. Feel free to PM me.

Alas, I am on the other side of the country .

The medical must be done before you submit the app, as the doctor will give you a document to include. It doesn't matter where in the world you do it, just as long as it's done by a designated panel physician. Have a look here for more info and to find the closest panel physician http://www.cic.gc.ca/english/information/medical/index.asp

 

[corbs]

I'll call vicroads tonight - can't remember by VIC drivers licence number. You mention you did Medical with the application, how'd you do that?

There's a list of panel physicians on CICs website. Ring around for a good price, they vary a lot. I did mine with Dr Richard Chan on Broadview. Was $190 and had the shortest wait time of anyone I rang. Took about an hour and a half. No beer necessary, I can't associate with Aussies during the Ashes.

 

[corbs]

Also make sure you mention it is for a spousal application otherwise some places will tell you that you need your letter from CIC first.