Can you apply for an Open Work Permit if you come to Canada on an eTA?

[JoshyBoy]

My fiance and I are getting married in November 2018. I am a Canadian citizen, she is a UK citizen. She spent a couple years in Canada on Working Holiday Visa. Then we moved to England together. I am in England on a 2 year Youth Mobility Visa, that expires in May 2019. Our first child was born in England August 2017. I believe he is a Canadian citizen automatically, because I am his father, and am a Canadian citizen who was born in Canada.

Our plan was to move back to Canada in April 2019, a month before my UK visa expires. But now that I have looked into Spouse Sponsorship it seems like this may not be possible.

So anyways, sorry for the long introduction. I feel like we have 3 options.

1. In November 2018, once we are married, apply for Outland Sponsorship. In April 2019 or May 2019 she can come to Canada with me with a eTA. Is it possible for her to apply for a Open Work Permit while in Canada on an eTA and waiting for her Outland Sponsorship to be processed?

2. In April 2019 or May 2019, she comes to Canada on an eTA and then we apply for Inland Sponsorship. Then she applies for an Open Work Permit while waiting for her Inland Sponsorship to be processed. The possible downside of this option is that if she is not approved for an Open Work Permit, she will probably have to leave the country after 6 months, once her eTA has expired.

So my main overall question is can we apply for Outland Sponsorship, then bring her to Canada on an eTA, and apply for an Open Work Permit? Or can you only get an Open Work Permit if you apply for Inland Sponsorship?

Also, I am not sure if the fact we have a son together and he is a Canadian citizen has any effect on making it easier or quicker for her to get permanent residency in Canada.

Sorry again for the long post, any help would be much appreciated.

 

[KBH]

Hi,

First to clarify, she won't be in Canada "on an eTA" - she will be in Canada as a visitor. The eTA simply allows her to board a plane to Canada, nothing more, it doesn't have anything to do with her status in Canada or how long she is allowed to stay. When she arrives, she can ask to stay for six months. When that time period is up, she can apply to extend her stay as a visitor online.

You can only apply for a work permit if you apply inland. However, applying outland is your best bet. It takes 4 months for the work permit to be issued, so it would really not be worth delaying your application over. Outland for UK applicants is typically faster than 12 months as well.

These are the two potential timelines you are looking at -

1) Apply outland Nov 2018, she comes to Canada as a visitor April 2019 or May 2019, can anticipate landing as a PR anywhere from August 2019 - Nov 2019.

2) She comes to Canada as a visitor in April or May 2019, you immediately apply inland w/ OWP, she receives her OWP in August or September 2019, and lands as a PR around April or May 2020

As you can see, there is no advantage to applying inland in your case.

 

[Wakki]

As a Canadian citizen who was born in Canada.....your first child born in England August 2017 is a Canadian citizen (1st generation born abroad)....you may apply for his proof of Canadian citizenship.

1.) It is not possible to apply for a Open Work Permit (OWP) with Outland Sponsorship.......you can only submit application for OWP with Inland Spousal sponsorship.

2.) To apply for Inland Spousal Sponsorship....your spouse must be inside Canada......and should ensure the Inland Spousal Sponsorship with OWP is submitted when your spouse has legal status (i.e., within visa-exempt 6 months or during visa extension).......if the Inland Spousal Sponsorship with OWP is complete and accepted for processing by IRCC, the OWP is most likely to be approved within 3 to 4 months while sponsorship takes 12months to approve.

You may consider these.....if you marry in Nov 2018.....apply Outland sponsorship in Dec 2018......by May 2019, your outland sponsorship will be six months......not sure of the process completion time for outland sponsorship for UK citizens.....but will advice you review the London UK citizens thread.

 

[Wakki]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/thread-for-outland-london-uk-applications.49436/page-1517

 

[canuck78]

You should also start sorting out your child's dual citizenship. Because the UK is visa exempt I guess it is not a big deal but it can take 8-10 months.