Canadian girl, Turkish guy. New to everything! Help!

[Brigitteisveryspecial]

Hi guys! If we apply as a married couple, from over here in turkey, can we go to Canada and resume life there for a while, while this process is going on?

Is there any way my Turkish man can get permission to work while we wait it out? Also, if we get called for an interview, it will be in turkey, right? I don't mind traveling back for an interview, but are you Allowed to switch your interview location?

Thanks for helping! I need it! I am at the very beginning of the whole journey, and as of yet, have not submitted a single thing.

 

[Betina]

Hi guys! If we apply as a married couple, from over here in turkey, can we go to Canada and resume life there for a while, while this process is going on?

From what i know, turkey is not visa exempt. If your husband already has a visitor visa, you may travel together there, but he will be allowed to stay only until his visa expires.
If not, it will be very hard for him to obtain a visitor visa after applying for PR.

Is there any way my Turkish man can get permission to work while we wait it out?

It's highly improbable. The visitor visa does not allow him to work in Canada for a canadian employer. He could, however, work online or through the phone for an employer from a country where he is permitted to work.

Also, if we get called for an interview, it will be in turkey, right? I don't mind traveling back for an interview, but are you Allowed to switch your interview location?

If he will be called in for an interview it will be in Turkey. You can ask CIC to have your husband's application processed in another country only if he has been approved at least 1 year legal residency in that country.
And no, it's not possible to switch the interview location.

 

[Mrs_Canuck]

My husband is Turkish as well.

While applying outland is generally faster, it means that you will have to spend some time apart. The visa office in Ankara is saying 15 months for the whole process. Betina is correct, Turkey is a non-visa exempt country, which means that if you come here, your man will need some kind of visa - visitor would probably work best. To gain implied status however, your hubby has to be on a visitor visa before you apply for permanent residency. My husband and I did a bit of research into it before we applied for PR.

The difference in our case is that my husband was already here for 6 years on study permits and work permits. So when we applied for PR, we also applied for and open work permit and he was allowed to continue to work under the implied status which extended his work permit while we were going through the process in the assumption that he would eventually get the open work permit after we had been approved for first stage.

In the case of you and your hubby though, because he does not have a work permit, even if he is in Canada and has a visitor visa, legally he cannot work. So that puts strain on you financially.

Betina is correct in saying that if you apply outland in Turkey you would most likely be called to the Ankara visa office and no, you won't be able to change the location of the interview.

 

[screech339]

Under the new rules for inland sponsorship, if the husband was able to enter Canada, he will not be able to get "implied status" loophole. CIC will no longer accept OWP with inland PR sponsorship. So the husband will be responsible in maintaining visitor status until 1st stage. Once husband passed first stage, only then shall he be able to apply for OWP if he choose to.

Screech339

 

[Brigitteisveryspecial]

Ok, you guys are fantastic!

So, more details, since I guess it will help.

I'm actually in Turkey right now. It was very simple to get an extended visitor visa for me to stay here (Or temporary residence, I think it may be called). Since I don't work here, I think I can pull it off as me just being here on holiday.

My guy actually has a visitor visa for Canada, which has a bunch more time left on it.

In Canada, I'm actually considered disabled. I was on disability benefits before I left (but obviously, Quit them when I left the country).

Do you think there's any way to make a case that we need to have my husband on a work permit, since I cannot work?

I'm planning for us to apply for PR Outland, while we're both here in Turkey. In June, we want to go to Canada, and start living there. We are flexible for when he needs to travel back for a possible interview, and since his visitor visa lasts for over another year, I don't see that we'll have to spend time apart?

Just another twist to the plot! I'm in the process of trying to get pregnant. I'm adamant that I want to birth the child in Canada. Any thoughts on that?

 

[screech339]

Which regarding to the effort of having a baby, I do have a question to ask. Are you a born canadian or a naturalized Canadian? If you are, then the baby will have Canadian citizenship. If you are Canadian by descent, meaning you got citizenship because of one of your parents is Canadian and you were born outside Canada, you will not be able to pass canadian citizenship to the baby if the baby was born in turkey. If this falls under your situation, then you have to sponsor the baby as well as your husband for PR.

 

[Brigitteisveryspecial]

Ok, so I'm in the clear for the baby part -enshallah- I'm born Canadian.

 

[canuck_in_uk]

In Canada, I'm actually considered disabled. I was on disability benefits before I left (but obviously, Quit them when I left the country).

Do you think there's any way to make a case that we need to have my husband on a work permit, since I cannot work?

No. He must qualify for a work permit on his own merits, they do not make exceptions.

 

[Avadava]

Also, I would like to add, that you will be financially responsible for your husband for a period of 3 years after he becomes a permanent resident. You must prove to CIC that you two will be able to support yourselves (and you can provide for your husband). I know disability assistance is accepted by CIC, but any other social assistance would make you ineligible to sponsor.

 

[Ponga]

Under the new rules for inland sponsorship, if the husband was able to enter Canada, he will not be able to get "implied status" loophole. CIC will no longer accept OWP with inland PR sponsorship. So the husband will be responsible in maintaining visitor status until 1st stage. Once husband passed first stage, only then shall he be able to apply for OWP if he choose to.

Screech339

Be careful Screech...others here (including myself) have stated that the OWP `rules' have been changed and that a person can no longer have implied status. The problem is that there is nothing on CIC's website that confirms this; only that OWP is still to be mailed to Vegreville....and we've been put in the hot seat by other members here by saying such! :-\

 

[canuck_in_uk]

Be careful Screech...others here (including myself) have stated that the OWP `rules' have been changed and that a person can no longer have implied status. The problem is that there is nothing on CIC's website that confirms this; only that OWP is still to be mailed to Vegreville....and we've been put in the hot seat by other members here by saying such! :-\

Well put Ponga

 

[screech339]

Be careful Screech...others here (including myself) have stated that the OWP `rules' have been changed and that a person can no longer have implied status. The problem is that there is nothing on CIC's website that confirms this; only that OWP is still to be mailed to Vegreville....and we've been put in the hot seat by other members here by saying such! :-\

Thanks for reminding me and saving my skin if you will regarding OWP.

Screech339

 

[Brigitteisveryspecial]

Which brings me to a new question: how come they accept applications from Ontario Disability Support Program, yet say that I must be financially responsible for my husband for three years? So both of us have to live off my disability payment of $1100 monthly because they won't allow him to support us? That's a joke. And not logically feasible. Unless we stay at the Salvation Army shelter, and go to food banks! Not the life I envisioned for my family!

 

[Betina]

Which brings me to a new question: how come they accept applications from Ontario Disability Support Program, yet say that I must be financially responsible for my husband for three years? So both of us have to live off my disability payment of $1100 monthly because they won't allow him to support us? That's a joke. And not logically feasible. Unless we stay at the Salvation Army shelter, and go to food banks! Not the life I envisioned for my family!

You are financially responsible for him for 3 years, but the financial support of the family is to be provided by both of you. But only after your husband becomes a Permanent Resident, not before that. After becoming a PR, he will have the right to work.

If you want to stay in Canada before he can legally work you will have to support yourselves with your disability payment, savings or financial help from family/friends. If you can't do this, I don't see why you would move to Canada before he has the right to work.

 

[automaton82]

Thanks for reminding me and saving my skin if you will regarding OWP.

Screech339

I think it's also important to note that implied status does still exist for inland. From the guide (http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#5289E2):
Maintaining legal status

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires.

This is exactly the same text that was there when it was still setup for Vegreville (here's the old page):
http://web.archive.org/web/20131223165703/http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

As such, it can be concluded that implied status still rings true for inland applications, but the procedure for OWP has changed (and whether or not you can keep working like before, I do not know).