How can a spouse work while awaiting for PR?

[crkttwhtr]

HI there,
when we came back into canada the woman at customs gave us more information then anyone but not I'm trying to find the right forms and way to go about it. We were told that we can apply for his PR and while we are in the process he can apply for an " open work permit " anyone else done this? Also are we best to apply when we are in Italy doing to OUTSIDE canada sponsorship? I have been told this way is faster? The canadian website is like a big circle, one link will pull you right back to the start again!

 

[mc1234]

If you are applying outland there is no open work permit, unfortunately.. Only inlanders can apply after sponsorship is approved (around 9 months wait).. outland is deft. faster.. the only way for him to get a work permit is if he finds a job and recieves a positive LMO.. then he could work there while waiting for PR

 

[Leon]

The processing time for inland first stage approval and open work permit is 11 months right now.

Outland through Italy, it is 55 days in Mississauga + 11 months for 80% of cases in Italy which means that the average there is likely around 7. Therefore it might be a bit faster for you to apply outland but there are other pros and cons too.

For example, after your waiting time with outland, he gets PR. After the same waiting time with inland, you only have first stage and open permit but still have to wait for PR. Another is that with inland, he is supposed to stay in Canada. As he is visa exempt, leaving for a short visit to another country is pretty low risk but if he gets tired of sitting around waiting for his approval and decides to go back to Italy to work and they find out, he loses his application. Another is that with inland, it is not guaranteed to get first stage approval after 11 months. They could decide that they want an interview so after 11 months, instead of first stage approval, they send to local office without one and it waits for them to have time for the interview which can sometimes take a year or more depending on how busy they are.

You can apply outland even while he is in Canada. It is a requirement of inland to be in Canada but not a requirement of outland to be outside.

The forms for inland are here: http://www.cic.gc.ca/english/information/applications/spouse.asp
The forms for outland are here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Victorfoxtrot]

Assuming you are in Italy at the moment and you are both eligible to work in Italy, my advice would be to submit an outland application via Italy and wait it out there. At least you can both still work. Alternatively you can as others have said go to Canada and still submit an outland via Italy application, but during that time your spouse will be ineligible for work as they will just be there on a visitor visa. The timings are much more favourable for outland applications than inland. By the time the outland application is processed in its entirety, an inland one would only be half way completed - yes you would have the option to get an open work permit, but with the outland you'll already have full PR.

 

[dragonele]

Hello,
I'd like some clarification/reassurance. I am Canadian and married to an Italian. We are currently finishing up the Sponsorship forms and I think to have them sent in a couple weeks time. My question is this: We are planning to move back to Alberta in August...he won't have problems with his application even though his permenant residency hasn't arrived by that time, will he?? And if the response hasn't come back by the time we move in August, how should I tell Immigration Canada so they know where to send the documents/correspondence?

 

[CharlieD10]

Hello,
I'd like some clarification/reassurance. I am Canadian and married to an Italian. We are currently finishing up the Sponsorship forms and I think to have them sent in a couple weeks time. My question is this: We are planning to move back to Alberta in August...he won't have problems with his application even though his permenant residency hasn't arrived by that time, will he?? And if the response hasn't come back by the time we move in August, how should I tell Immigration Canada so they know where to send the documents/correspondence?

You are planning to move home, he is coming to VISIT until his PR is finalized. Tell the border officials that any other way and you might find him refused entry, especially if you don't have any proof he will return home if his application is refused. This scenario is unlikely since he is visa exempt, but it never hurts to err on the side of caution when dealing with border control. Visa-exempt spouses being denied entry is not exactly unheard of.

You update your address via a case-specific enquiry email to the visa office, to let them know his residential address is now in AB.

 

[dragonele]

You are planning to move home, he is coming to VISIT until his PR is finalized. Tell the border officials that any other way and you might find him refused entry, especially if you don't have any proof he will return home if his application is refused. This scenario is unlikely since he is visa exempt, but it never hurts to err on the side of caution when dealing with border control. Visa-exempt spouses being denied entry is not exactly unheard of.

You update your address via a case-specific enquiry email to the visa office, to let them know his residential address is now in AB.

Oh, ok thanks! Well, we're booking our tickets tomorrow. My and my children's tickets will be one-way (they are Canadian citizens). I was planning on my husband's being a 3-month return. Now, I'm wondering if that's enough time for his papers to arrive. Or should I get him a longer ticket and risk the border control getting cranky over a longer-than-three-month stay??

 

[CharlieD10]

3 months' return ticket should be fine. They would give him 6 months to stay anyways (unless you get someone cranky who gives him until the date of his ticket) as this is the normal length of a visitor record if no other considerations are taken.

 

[dragonele]

3 months' return ticket should be fine. They would give him 6 months to stay anyways (unless you get someone cranky who gives him until the date of his ticket) as this is the normal length of a visitor record if no other considerations are taken.

Again, a sincere thank you. The help I've gotten from this forum has been fundamental for me.

 

[Leon]

And regardless of he gets 3 months or 6 for his visit status, he can still apply to extend it once it gets close to expiring. As a spouse being sponsored who is already in Canada, he has a pretty good chance of getting it.

 

[crkttwhtr]

Thanks everyone... So looks like best way to go is apply outside.... Then if we get it in 7 months he can work after. If we woud have gotten these answers from all the other sources we have been to, this would all be long done! Thanks everyone.

I guess we have some paper work to do!