Clarification on Class of Application type IMM5533

[Matt and Milda]

Hello all, this is in regards to question 4. form IMM5533

Just looking for some clarification/discussion about the drawbacks, benefits, and eligibility of the different classes of application.

First a bit of background,

I am a Canadian citizen, sponsoring my wife, who is from Lithuania (married Oct 2016, we met in June 2015) for her PR. We are currently living together in Vancouver. She is living and working here using a VISA obtained by the IEC Young Professionals program, which expires March 2018, at which point our application for spousal sponsorship will likely still be underway. It is then to my understanding that she will be allowed to stay in Canada until the application is processed, but unable to work unless we apply under the Spouse or Common-Law Partner in Canada Class, AND apply for an open work permit.

Please correct me if I am wrong, but it seems as though we can apply under any of the following; ?
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-23.html#h-68
PART 7 DIVISIONS 1/2

I will denote positives with + and negatives with -

Spouse or Common-Law Partner in Canada Class

+ Ability to continue working in Canada once IEC VISA expires, with open work permit.
- Unable to leave Canada while application is being processed. Does this include; family emergencies, short term traveling, etc?
- Unable to appeal if application is rejected? Any info on the process/success rate of appeals would be great!

Family Class - Living Outside Canada

+ Ability to appeal if application is rejected
+ Able to leave and return to Canada while application is being processed.
- Might have to leave the country for an interview at a VISA office. Not such a big deal I suppose, anyone know where that would be (I seem to recall reading New York)?
- Unable to work in Canada after her current VISA expires.
Lastly, is it correct that we can apply under this class EVEN THOUGH we are living in Canada at the time?

Family Class - Living Inside Canada

Not really sure how this differs from Family Class Living Outside Canada??? With the exception that I (we) are residing in Canada at the time of application.


Any additional info, personal experiences, resources or links to existing threads or discussions will be very much appreciated! Thank you all so much!

 

[canuck_in_uk]

Hi

It is then to my understanding that she will be allowed to stay in Canada until the application is processed, but unable to work unless we apply under the Spouse or Common-Law Partner in Canada Class, AND apply for an open work permit.

Applying for PR doesn't grant her status in Canada. If she applies outland, she needs to maintain her status separately. If she applies inland and includes the OWP app, hes status will be maintained.

- Unable to leave Canada while application is being processed. Does this include; family emergencies, short term traveling, etc?

She can leave. The issue is if she is refused re-entry, her inland app would be considered abandoned. While this is rare, it is a risk that everyone needs to decide if they want to take.

- Unable to appeal if application is rejected? Any info on the process/success rate of appeals would be great!

Given the fact that you have been together a few years and are living together, unless you have some serious red flags you haven't mentioned, there is little chance of a refusal.

- Might have to leave the country for an interview at a VISA office. Not such a big deal I suppose, anyone know where that would be (I seem to recall reading New York)?

An outland interview would be back in her country, if the embassy is equipped for interviews, or Warsaw.

Lastly, is it correct that we can apply under this class EVEN THOUGH we are living in Canada at the time?

Yes, you can apply outland while in Canada.