Canadian Sponsoring my Spouse question.

[codyt32]

Hello people =)

I've gone through so many different documents now I'm going cross eyed. Really hoping someone can answer one question without me digging through all this documentation again to look for it. I'm really sorry as I know this must be posted somewhere in plain site.

I'm a Canadian citizen who will be sponsoring my spouse from Japan for permanent residency visa. My question is, will she be granted an open work permit through this application alone so that she may stay and live in Canada until the visa application has been decided? If not, what's the best way to go about having her live in Canada while the application process is going on without being deported? Looks like she needs a job offer from work permit applications if we go that route. We were hoping that she wouldn't have to have a job offer before arrival as its very difficult to interview for basic jobs (grocery store, store clerk etc) from Japan. She's just hoping for a part time job or something not too difficult as she's adjusting to the new Country and still learning to speak better English.

Any help is greatly appreciated by the both of us

 

[canadianwoman]

If you sponsor her inland, she can apply for an open work permit at the same time. It takes about 4 or 5 months to get it. She has to be in Canada before you can apply inland, and is advised to stay in Canada for the duration of the processing.

Because inland takes so long, applicants from Japan are usually advised to apply outland. You can send in this application as soon as you have it ready - neither of you has to be in Canada to send in the application. With an outland application, there is no open work permit. However, the processing time is much faster, so she might get her PR through an outland application only a few months after she would have gotten the work permit with an inland application.

If she applies outland, she can still come to Canada as a visitor to wait while the application is being processed. She does not need a visa to enter Canada. She will probably be given a 6-month stay, and she can apply to extend the stay about one month before it expires.

 

[codyt32]

Thank you so much for this information! That's one of the best replies I've ever received on the internet and let's me understand my options at a glance.

I did think about the outland application as I read it can be much faster, but thought she had to stay in Japan for that. With that in mind we may just try it!

Thanks again!

 

[screech339]

Thank you so much for this information! That's one of the best replies I've ever received on the internet and let's me understand my options at a glance.

I did think about the outland application as I read it can be much faster, but thought she had to stay in Japan for that. With that in mind we may just try it!

Thanks again!

She doesn't have to stay in Japan for outland application. She can be in Canada and apply outland. She just have to make sure she keeps her status in Canada.

 

[codyt32]

Thank you screech339! She also discovered this and may be our best choice since I don't want to be stuck waiting 2 and a half years for the visa and then have to achieve another 3 years of the undertaking. We may want to live in Japan for awhile but that wouldn't be possible with that option unless we wanted to try in like 6 years from now lol. I'm still a bit confused over why she can't apply for an open work permit unless its an inbound application.

On the page for the family visa sponsorship right at the top highlighted in blue it says

"Does your spouse or partner want to work while they wait for their application to be processed?
If you are sponsoring your spouse or partner under the Spouse or Common-Law Partner in-Canada Class, they may be eligible for an open work permit. Find out how to apply."

This page has links to both in and outside of Canada application processes. Sponsoring under "Spouse or Common-Law Partner in-Canada" sounds like its just a Canadian application but not specifically if applying within or outside of Canada. I took the eligibility test to see if she can apply but it just ended up saying I can sponsor her for a permanent residence visa which is not answering the initial question of if she can apply for an open work visa or any kinda of work permit.

If she can't apply for an open work visa, she can apply for a normal work permit right? It seems far more difficult to use this as it looks like she needs an employer before applying for the work permit. I doubt any employer would hire her if she's not legally able to work to begin with which seems to put odds against her even further in finding a job.

Again all help is very appreciated as I'm just trying to figure out how to make this work for my wife to be able to live and work here.

 

[Ponga]

Thank you screech339! She also discovered this and may be our best choice since I don't want to be stuck waiting 2 and a half years for the visa and then have to achieve another 3 years of the undertaking. We may want to live in Japan for awhile but that wouldn't be possible with that option unless we wanted to try in like 6 years from now lol. I'm still a bit confused over why she can't apply for an open work permit unless its an inbound application.

On the page for the family visa sponsorship right at the top highlighted in blue it says

"Does your spouse or partner want to work while they wait for their application to be processed?
If you are sponsoring your spouse or partner under the Spouse or Common-Law Partner in-Canada Class, they may be eligible for an open work permit. Find out how to apply."

This page has links to both in and outside of Canada application processes. Sponsoring under "Spouse or Common-Law Partner in-Canada" sounds like its just a Canadian application but not specifically if applying within or outside of Canada. I took the eligibility test to see if she can apply but it just ended up saying I can sponsor her for a permanent residence visa which is not answering the initial question of if she can apply for an open work visa or any kinda of work permit.

If she can't apply for an open work visa, she can apply for a normal work permit right? It seems far more difficult to use this as it looks like she needs an employer before applying for the work permit. I doubt any employer would hire her if she's not legally able to work to begin with which seems to put odds against her even further in finding a job.

Again all help is very appreciated as I'm just trying to figure out how to make this work for my wife to be able to live and work here.

What do you mean by this?

The three year undertaking simply means that you will be financially responsible for her for three years. That doesn't mean that you both must live in Canada for those years. Since you are a Canadian citizen, you and she could live abroad and the days spent there together, will still count towards her Residency Obligation requirements to maintain her PR status.

 

[canadianwoman]

On the page for the family visa sponsorship right at the top highlighted in blue it says
"Does your spouse or partner want to work while they wait for their application to be processed?
If you are sponsoring your spouse or partner under the Spouse or Common-Law Partner in-Canada Class, they may be eligible for an open work permit. Find out how to apply."

This page has links to both in and outside of Canada application processes.

There are two classes when sponsoring your spouse. One is as a member of the Family Class, which is outland. One is as a Spouse or Common-Law Partner in Canada, which is inland. Only an applicant sponsored inland can get an open work permit as part of the PR application. This is true even if she is actually in Canada as a visitor and applying outland - in that case she cannot get the OWP.

She can apply for other types of work permits. They are difficult to get and generally require that the employer get a labour market opinion, which can take months.

Because she can enter Canada as a visitor without a visa anyway, the usual advice would be to apply outland. She can come here as a visitor while you wait for the application to be processed, or stay abroad. I would say applying for a work permit is not worth it: she would probably have her PR by the time any work permit was issued.

 

[codyt32]

Thanks for clearing that up =) Appreciate it =)

 

[Hello_123]

@codyt32 My brother is sponsoring his wife, been married for 2 years now and also Japanese, they applied outland. She received her PR this year, 6 months after the submission. So good luck!