HELP!!!

[swagwood]

HELP!!

I've been reading about spousal sponsorships and inland and outland and work permits and process times and this is all so confusing! One thing I do understand is that each case is unique in its own way, and each case should be analyzed individually. So here's my case, and I'm hoping someone can help clarify some things for me.

I am a Canadian citizen and resident, working in Canada currently. I have been dating my American girlfriend (citizen and resident) for a while now. Honestly speaking, we are sick of long distance and want to create a home base together, and we are choosing Canada. We are planning on getting married in the next 6 months to a year in order for this to happen. I understand that we are going to have to "prove" the genuinity of our relationship, etc. but I am not worried about that at the moment. Our biggest concern is that we want her to come over here and be able to live and work legally, even while her PR application is still being approved. From what I've read, the most appropriate way to get her over here would be to simultaneously apply for her PR INLAND and her OPEN WORK PERMIT, while she is here on a visitor visa. Apparently, it takes about 2-3 months (?) to get approved for an OWP, correct? This isn't ideal, because we would like her to be here working while she is here, so we both can financially support our relationship. While she is being approved for her OWP, is she able to travel back to the United States? Or does she have to stay here until it is approved. I understand that she is able to leave while her PR is being approved, and there is a risk associated (risk of refusal of re-entry, etc.) but I just want to get it cleared up while we are waiting for her OWP. Any information on this would be greatly appreciated.

Thanks!

N

 

[browning911]

HELP!!

I've been reading about spousal sponsorships and inland and outland and work permits and process times and this is all so confusing! One thing I do understand is that each case is unique in its own way, and each case should be analyzed individually. So here's my case, and I'm hoping someone can help clarify some things for me.

I am a Canadian citizen and resident, working in Canada currently. I have been dating my American girlfriend (citizen and resident) for a while now. Honestly speaking, we are sick of long distance and want to create a home base together, and we are choosing Canada. We are planning on getting married in the next 6 months to a year in order for this to happen. I understand that we are going to have to "prove" the genuinity of our relationship, etc. but I am not worried about that at the moment.

Our biggest concern is that we want her to come over here and be able to live and work legally, even while her PR application is still being approved. From what I've read, the most appropriate way to get her over here would be to simultaneously apply for her PR INLAND and her OPEN WORK PERMIT, while she is here on a visitor visa. Apparently, it takes about 2-3 months (?) to get approved for an OWP, correct? This isn't ideal, because we would like her to be here working while she is here, so we both can financially support our relationship. While she is being approved for her OWP, is she able to travel back to the United States? Or does she have to stay here until it is approved. I understand that she is able to leave while her PR is being approved, and there is a risk associated (risk of refusal of re-entry, etc.) but I just want to get it cleared up while we are waiting for her OWP. Any information on this would be greatly appreciated.

Thanks!

N

If spouse is an American it is recommended that they submit an outland application because there is a faster processing of outland applications especially for Americans. You application may be completed within 6-8 months. The only caveat is that with an outland application the PA cannot apply for an OWP (open work permit) like they can do if they submit an inland application. The normal processing time for an OWP is approximately 4 months.

It is also recommended that when submitting an inland application not to leave Canada for too long although in your case it is not an issue since you are from US which is a visa exempt country.

You will find that most on this forum will advise Americans to submit an outland application.

Best of luck.

 

[swagwood]

I understand that outland applications are generally processed quicker than inland applications. However our main concern is getting her here as soon as possible.

So if she were to come here on a visitor visa, as an American, we could process inland and OWP at the same time. While she is waiting for her OWP, can she leave?

 

[canuck_in_uk]

From what I've read, the most appropriate way to get her over here would be to simultaneously apply for her PR INLAND and her OPEN WORK PERMIT, while she is here on a visitor visa. Apparently, it takes about 2-3 months (?) to get approved for an OWP, correct? This isn't ideal, because we would like her to be here working while she is here, so we both can financially support our relationship. While she is being approved for her OWP, is she able to travel back to the United States? Or does she have to stay here until it is approved. I understand that she is able to leave while her PR is being approved, and there is a risk associated (risk of refusal of re-entry, etc.) but I just want to get it cleared up while we are waiting for her OWP. Any information on this would be greatly appreciated.

It takes about 4 months to receive the OWP.

A condition of applying inland is that you guys cohabit IN Canada throughout the entire process. Short absences are generally fine but she can't just apply and return to the US to work while waiting for the OWP.

As said above, you really want to consider outland. Ottawa averages 6 months or less. If she applies outland, she could be a PR before she would have even recieved the OWP with an inland app.

 

[swagwood]

It takes about 4 months to receive the OWP.

A condition of applying inland is that you guys cohabit IN Canada throughout the entire process. Short absences are generally fine but she can't just apply and return to the US to work while waiting for the OWP.

As said above, you really want to consider outland. Ottawa averages 6 months or less. If she applies outland, she could be a PR before she would have even recieved the OWP with an inland app.

I understand. Very good info. Is the expectation that when people apply inland and are waiting for the OWP that they just sit and wait and not work?

 

[Omegabyte]

I understand. Very good info. Is the expectation that when people apply inland and are waiting for the OWP that they just sit and wait and not work?

Yes, it seems that's the expectation. Unless your girlfriend has another route to a work permit (NAFTA, etc), she cannot work for a Canadian business unless she has an OWP (Inland) or PR. She can work online for a US business, even if she's visiting you in Canada during the PR application processing.

My suggestion is to apply outland after you two are married. She can continue to work in the US if necessary, and visit you as her schedule allows. It shouldn't take more than 4-6 months. It's difficult to be patient, but it'll all pay off in the end!

 

[Capricorn2012]

I agree with omegabyte. by the time you will get owp approved in inland, you will probably get her PR in outland in the sametime. US citizens processing is under 6 months. I know friends where it took 4 months

 

[canuck_in_uk]

I understand. Very good info. Is the expectation that when people apply inland and are waiting for the OWP that they just sit and wait and not work?

Those who come to Canada as visitors and apply inland, yes.