Can I work while my PR application is under process?

[JonasSwe]

Hi, my common law partner (for more than two years) has a PR card for Canada. We currently live in Sweden but plan to settle in Canada.

She will sponsor me and I will apply for my PR inside Canada. I´m not really sure about the rules during the application process period and would really appreciate if somebody could help me.

1. Can I go to Canada on a tourist visa and apply trough my partner for a PR?
2. Can I stay in the country during the whole application process?
3. Will I be allowed to work while the application is under processes?

Kind regards and many thanks,
Jonas

 

[Hasan9999]

Hi, my common law partner (for more than two years) has a PR card for Canada. We currently live in Sweden but plan to settle in Canada.

She will sponsor me and I will apply for my PR inside Canada. I´m not really sure about the rules during the application process period and would really appreciate if somebody could help me.

1. Can I go to Canada on a tourist visa and apply trough my partner for a PR?
2. Can I stay in the country during the whole application process?
3. Will I be allowed to work while the application is under processes?

Kind regards and many thanks,
Jonas

Yes you can go with a TRV provided you get one. Is Sweden visa exempt?
Inland application takes double time.
There are working holiday visa for the foreign national and explore that possibility.

 

[Graihn]

Hi, my common law partner (for more than two years) has a PR card for Canada. We currently live in Sweden but plan to settle in Canada.

She will sponsor me and I will apply for my PR inside Canada. I´m not really sure about the rules during the application process period and would really appreciate if somebody could help me.

1. Can I go to Canada on a tourist visa and apply trough my partner for a PR?
2. Can I stay in the country during the whole application process?
3. Will I be allowed to work while the application is under processes?

Kind regards and many thanks,
Jonas

Make sure she has stayed for a full two of the last five years in Canada or she would lose her PR.

1. You have to go to Cnaada to apply outland, as she is only PR and not citizen.. Much faster processing. If you choose an inland application you HAVE to remain in Canada for the whole process.
2. Yes you can stay. If on a visitor visa just renew it.
3. Are you under 30? Then you can apply for a working holiday visa then a co-op visa. Wokrking holiday is better as it is an open work permit.

I am swedish and I am going through the process right now and have had two work visas that are mentioned above, in canada.

Tjabba.

 

[JonasSwe]

Thanks a lot both Hasan and Graihn,

Just to be sure: Graihn, you mean that my partner needs to reside in Canada for me to apply at all I guess.

1. But is it really ok if I go to Canada, and apply outland?
2. How do I manage to keep some valid visa to be in Canada during the process of my PR application if applying outland?
3. Is it possible to apply for a temporary working visa while my outland PR application is under process? Is it what you had during your process? Are you required to be under 30 for that?

Unfortunately, I´m over 30. Also thinking about if its possible to stay in Canada on a tourist visa for six months, and then go out of the country some days and back for six new months, just to be able to stay in Canada during the application process? To apply inland instead seems to have it upsides, but also its downsides. I would really prefer to apply outland if its just possible to solve the problems of being in Canada during the application process.

 

[rhcohen2014]

Thanks a lot both Hasan and Graihn,

Just to be sure: Graihn, you mean that my partner needs to reside in Canada for me to apply at all I guess.

1. But is it really ok if I go to Canada, and apply outland?
2. How do I manage to keep some valid visa to be in Canada during the process of my PR application if applying outland?
3. Is it possible to apply for a temporary working visa while my outland PR application is under process? Is it what you had during your process? Are you required to be under 30 for that?

Unfortunately, I´m over 30. Also thinking about if its possible to stay in Canada on a tourist visa for six months, and then go out of the country some days and back for six new months, just to be able to stay in Canada during the application process? To apply inland instead seems to have it upsides, but also its downsides. I would really prefer to apply outland if its just possible to solve the problems of being in Canada during the application process.

1 - yes. outland applicants can be IN canada as a visitor when the application is sent in or processing. Outland just means the Visa Office that handles your file is "overseas".

2 - once in canada as a visitor, you have the right to apply to extend your stay as a visitor. It's recommended to do this at least 30 days prior to the current visit ending. It costs $100 to process. You can ask for a year extension so you can stay in canada while the application processes. Many people do this and are successful for staying the ENTIRE time. Reminder that visitors can NOT work for a canadian company while in canada.

3 - no. outland applicants are not eligible for work permits. Inland applicants can send in open work permits with their application because the inland process is significantly longer. For most applicants, they are able to LAND AS A PR as an outland applicant in less than or the same amount of time as getting the OWP as an inland applicant. This is why choosing to go inland based on being able to work makes absolutely no sense in some cases. Visitors CAN work remotely for NON-CANADIAN companies while in canada. This is the best case scenario for applicants. Border agents like this too, because it alleviates their concern the visitor is going to work illegally. This is the biggest concern at the border.

4 - you can travel freely while having an outland application in process. remember every entry into canada is separate, so if you leave after a long visit, and try to re-enter, there is always the chance of being denied entry. It really depends on the border agent you get that day.

 

[Rob_TO]

Hi, my common law partner (for more than two years) has a PR card for Canada. We currently live in Sweden but plan to settle in Canada.

To make sure your partner is eligible to sponsor you, please confirm:
- exactly what date did your partner get PR status?
- under what category did they get PR (i.e. as spouse, dependent, skilled worker, etc?
- how long have they been living in Sweden?

 

[JonasSwe]

That was very helpful, thanks a lot rhcohen, I really appreciate the answers. I will most likely go on a tourist visa and make an outland application. Take one year of holiday, work in a swedish company etc or with some hobby projects that I never had time for before.

Rob:
- It should be ok I guess, she got PR status in end of July 2011 but has only been in Canada in total 6 weeks since. Her intention has always been to settle there though. I understand that it´s getting a bit urgent for her to go now.
- She was sponsored by her family.
- We have stayed together like five years in Sweden.

 

[MilesAway]

Were you living together before she got her PR status?

 

[JonasSwe]

MilesAway: We were a couple but we didn´t live together. Does it matter?

 

[MilesAway]

Since you did not live together, no, it doesn't. If you were living together, and you were not declared on the application, then yes, it would matter a lot, as you would be excluded under family class.
You're good to go.

 

[Rob_TO]

- It should be ok I guess, she got PR status in end of July 2011 but has only been in Canada in total 6 weeks since. Her intention has always been to settle there though. I understand that it´s getting a bit urgent for her to go now.

Yes indeed. Based on 6 weeks of Canadian residency so far, she will need to permanently move back to Canada by latest Aug/Sept 2014, else she will no longer be meeting her "2 of 5 years in Canada" PR obligations, and will not be able to sponsor you.

- She was sponsored by her family.

Assume you mean she was sponsored as a dependent under her parents, which is fine. I just asked in case she was sponsored by a former spouse, then she would be under a 5 years sponsorship ban before she could sponsor you.

As long as you weren't common-law at the time she landed as PR, everything should be fine.

 

[JonasSwe]

Thanks a lot both MilesAway and Rob. Yes, she was sponsored as dependent under her parents.

Another question raised in my mind:
If I would go on tourist visa (during the whole application process) and make an outland application, then I would need to quit my job in Sweden.
Do you know if that would decrease my chances to get the PR?

And more important, if I should live in Canada for a whole year on tourist visa without a job, it will pretty much finish my and my partners savings.

I think I read that a common law sponsor needs to be employed or to have funds on about 20 000 $. If that is correct, do you know when we have to show that we have these funds? When applying or later in the process just before getting the PR?

Tons of questions but things start to clear a bit at least. Thanks a lot, the help means a lot to us.

 

[MilesAway]

There is no income requirement to sponsor your spouse, but you need to prove that you will not require social assistance. So if your spouse gets a job, then send that proof to CIC. IF you are employable, and you have worked in the past, show that as well.

Quite a few students have sponsored their spouse, and I'm fairly confident in saying that they did not have to show that they had 20 000$ in savings.

Quitting your job in Sweden will have no effect on your PR application, since they are focusing on the validity of your relationship. It would only have an impact if you were applying through one of the economic classes. I believe that if you quite your job and go to Canada with her, it might actually make your application stronger, showing that you want to be together no matter what.

 

[Graihn]

There is no income requirement to sponsor your spouse, but you need to prove that you will not require social assistance. So if your spouse gets a job, then send that proof to CIC. IF you are employable, and you have worked in the past, show that as well.

Quite a few students have sponsored their spouse, and I'm fairly confident in saying that they did not have to show that they had 20 000$ in savings.

Quitting your job in Sweden will have no effect on your PR application, since they are focusing on the validity of your relationship. It would only have an impact if you were applying through one of the economic classes. I believe that if you quite your job and go to Canada with her, it might actually make your application stronger, showing that you want to be together no matter what.

You need to apply when u are in Canada as she is only a PR. Secondly, if you quit your job and go to Canada as a tourist, they may deny you entry if they find out. This is not something that will help your case. They would think you will move there permanently whilst only on a tourist visa..

 

[rhcohen2014]

You need to apply when u are in Canada as she is only a PR. Secondly, if you quit your job and go to Canada as a tourist, they may deny you entry if they find out. This is not something that will help your case. They would think you will move there permanently whilst only on a tourist visa..

while quitting a job is not adviseable to obtain a visitor visa because it can be used to deny entry, quitting a job doesn't have much bearing on the actual PR application. CBSA and CIC are different agencies. So while one won't like it, it really doesn't matter to the other one. If the applicant was denied entry by CBSA, and issued an exclusion order because of suspicion by the border agent, THEN the application would most likely only be delayed.