Determining when to apply for our inland sponsorship

[KingKcaj]

Hello there,

I have a dilemma right now, me and my wife have been trying to prepare for the sponsorship application since we got married in Canada late February this year.
Just now have i got all the requirement and proofs ready. There is a family emergency so that my wife needs to head back to Korea for about 3 weeks in June(back first week of July). Also We have a trip to Hong Kong in October together. Should I send in the application now? I really want to get it done ASAP and get her OWP and other status things started.

Some Info:
My wife is from Korea. She is currently just on tourist Visa, she arrived on Jan 20th this year. We have not extend her tourist visa as of today.
I have all the Korean documents done in March, do they have an "expiry date"?

If we go ahead and apply, would their be difficulty when my wife come back from the Korea trip? How about the Hong Kong trip with both of us together?
Also how would I put the info that ask for time of entry or her current visa status?

Any insight would be appreciated! Thanks!

 

[CanUK333]

If you apply inland (which I think that's what you are intending), the applicant should not leave the country during the application process. She could technically leave but this is very risky upon re-entry and she may be refused entry into Canada when she returns. This would be the same risk if both you and her traveled. It is advised on this forum to NOT travel outside of Canada while your application is in. So with this being the case, I would wait to apply until after you/wife have traveled before you send the application in. This would also be wise as due to the COVID situation applications are being processed very slowly right now so I'd wait a bit anyway.

One issue to think of is that right now international travel is only permitted for "essential" reasons so although it may be "essential" for your wife to go back to Korea if it's an emergency it may not be classed at "essential" for her to return to Canada? It'd be a shame for her to be stuck in Korea, so better get some advice on this before she goes. So even if you do not have a PR application in, there is a possibility your wife may not be able to re-enter Canada in July after she goes for her trip. A more experienced forum member may be able to comment more on this.

FYI: I'd extend your wife's visitors visa (apply at least 1 month or more now a days before it expires). Even though when you apply for an OWP she will have "implied status" I would advise you apply to extend the visa just in case the OWP application is sent back for some reason and she falls out of status.

I can't answer about the expiry for the korean documents, are you referring to things like the police certificate, etc.?

 

[YVR123]

Hello there,

I have a dilemma right now, me and my wife have been trying to prepare for the sponsorship application since we got married in Canada late February this year.
Just now have i got all the requirement and proofs ready. There is a family emergency so that my wife needs to head back to Korea for about 3 weeks in June(back first week of July). Also We have a trip to Hong Kong in October together. Should I send in the application now? I really want to get it done ASAP and get her OWP and other status things started.

Some Info:
My wife is from Korea. She is currently just on tourist Visa, she arrived on Jan 20th this year. We have not extend her tourist visa as of today.
I have all the Korean documents done in March, do they have an "expiry date"?

If we go ahead and apply, would their be difficulty when my wife come back from the Korea trip? How about the Hong Kong trip with both of us together?
Also how would I put the info that ask for time of entry or her current visa status?

Any insight would be appreciated! Thanks!

I would be concern on her coming back. Does Korea has quarantine policy for anyone travelling back? If she needs to be quarantine for 2 weeks, what is the reason of a 3 weeks trip. And when she is returning, she only has a vistor visa and her travel would/may not be seen as essencial. And even if she is let into the country, she then needs to be quarantined (even from you) for 2 more weeks.

And if she is refused entry, her inland PR application would be canceled. So I would reconcider any travel plan.

 

[frisbee2017]

If she leaves Canada now, she won't be allowed to enter as spouses are not exempt from the essential travel clause. It's a misconception that inland applicants cannot travel outside Canada. It's advisable that they don't at least for the first few months. The safe bet here is to apply for status extension, submit your PR application and apply for work permit.

useful links:

1. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/inland-applications-permanent-residence-status-extension.html

 

[KingKcaj]

Thanks for all the helpful answers.

I had thought the non-essential tourist travel restriction will be lifted on June 31st. I thought I read that somewhere on this forum. As She has come to Canada many times as tourist, and Korean tourist does not need a visa for Canada, would that change if we put in the visa application?

There is a 2 weeks quarantine period in Korea for her when she returns, that is why the trip is 3 weeks, or else it would be only 1 week.

Yes the Korean document that I worried about expiring are the police and the family relation translated reports, I don't remember I thought I had read it had to be within 90 days? but now I can't seem to find where I saw that.