inland applicaion, howdoes it work!!????????

[CanGuate]

hi guys, sorry I keep bugging I've just keep getting questions!

Ok here is the story, I'm Canadian, he is ubby o be Guatemalan (Can't marry probably till early 2011 as waiting for my divorce) We are expecing our first child togeter feb3 2011.

He has a great Aunt in Canada, and was studying 5 months last year on a special program and left when it finished (proove he can follow candian visa rules) He is military here and needs 4 mths to quit the army, and must pay a fine when he does quit (ties him to wy e would need to return to Guatemala if he were granted a visa)

Ok on to the questions!

We want to apply inland from Canada (Guate is too long a wait, and I want to have baby in Canada with hubby present) We also want to remain together in Canada while his PR is be reviewed and hopefully accepted.
1)how do we apply inland, is it that we get him into Canada and as soon as I am leagally allowed to marry him we do and then submit our PR application?

2) do we apply for an extention of his initial vistor visa on the grounds he has submited a PR inland application

3)do we keep reaplying for extentions till we hear if he was granted pr even if it takes years?

4) can we apply to allow him to work while we wait for the results 2 years without work will be hard espcially as I can't be working becasue I just gave birth (I am a tourist in Guate right now to be with him, I am not working nor will I wen we get to canada for a few months and will alos not be collecing maternity benefits)

5 if we apply for a mulit enry visitor visa and they grant it can he leave to quit his job (which he must do in person while we wait for my part of sponsor to be accepted)

Thx for help

 

[iarblue]

1. YES
2. YES
3. YES
4. If he gets in for a visit visa?Then when you apply inland include a work permit app with the PR app and include an extension app for his visa.
5. If he gets a multi visit visa yes he can leave to do what he has and come back.

The biggest problem i see here is them letting him stay as long as you like.You cant get your divorce till feb 2011 thats 8 months?i dont know if thats going to happen?He still always has to prove he is going to leave after his visit visa is up even though your going to apply for an extension he still has to prove this.And them giving him a visa to come visit you and a new baby is likely going to be the killing of his visa.How can you expect immigration to believe he is going to leave after his visit visa expires.
But like i always say nobody knows what the IO is thinking except him/her all you can do is apply for the visit visas,the worse they can say is no.

 

[CanGuate]

Hey tank you for your reply
We were thinking of apply for the vist visa for Cristmas time saying he wants to visit his family and tat last time he didn' get to see Candian christmas and really wants too (he left dec5 2009)

I think its best if we use his family and Christmas as his reasons then when he ggets in apply to sponsor, pr application, extention, and work permit as soon as we are able to marry (1 year seperation is up oct so divorce should be final by feb still a month left if they give a cristmas visit visa, what do you think?

 

[CanGuate]

but can he leave on mulit entry when we are apply for an extention, or once the inland application goes through? I heard he get move once the PR application is in....

 

[jeans22]

but can he leave on mulit entry when we are apply for an extention, or once the inland application goes through? I heard he get move once the PR application is in....

Hi,

This was similar to our plan - go to Canada, get married and apply inland. Unfortunately, I was denied a visit visa so we had to change up our plans.

Let's answer your questions about inland application first. Most important, the applicant CANNOT leave Canada once the Inland PR process starts. If he does, the application will be refused. But when you apply inland, yes he can work in Canada while the application is being processed. What you need to do is send in an application for an Open Work Permit together with your Inland Permanent Residence Application. The form is here http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF Check box "C" and the fee is $150 for a work permit.

If you submit this request with your application you don't need to extend his visitor visa because he will have implied status until they process the OWP. Put it in a separate envelope, mark the outside "OWP - To be processed with Approval in Principle" and put that envelope inside your PR application package.

He'll be out of work until he has an OWP in hand. It may take about 6 months to get an OWP. The good thing about this work permit is that it is valid for up to two years, I think (other members can confirm this for me??), so he doesn't have to keep renewing his visa while you wait for your PR decision.

Another important point you need to consider when you apply inland is that there is no appeal if your application is refused. So unless you believe you have a very strong and very convincing case, I suggest it would be better (and faster) to apply outland.

As for your biggest hurdle at the moment - how to get a Temporary Resident Visa. I don't want to put you down, I just want to set your expectations, but I totally agree with iarblue.

And them giving him a visa to come visit you and a new baby is likely going to be the killing of his visa.How can you expect immigration to believe he is going to leave after his visit visa expires.

You have to prove to the IO that basically he has more going on for him in his country of residence than in Canada, which is not the case (soon-to-be having a kid in Canada, soon-to-be wife in Canada, family members in Canada).

What I suggest is that you go through with your idea of using his family and try to leave you and your soon-to-be child out of the process completely. See if his Aunt can do the invitation letter and all that's necessary for the application. I think this will prove to be more successful than with you inviting him over. And once he's in Canada, you can go ahead with your plan to sponsor him inland!!

Good Luck!!

 

[CanGuate]

Is this not dual intent then? Coming on claims to visit aunts but has canadian wife to be and baby about to arrive?

Applying as a tourist sounds way better than trying for student and then inland. It really apears inland is faster I checked again today 80% of Guatemala office is completed by 21 mths! Sounds faster to be in Canada with the ability to work don't you think!

All the answers I've been getting are so helpful thank you for such a great place with such nice ppl!
Cheers everyone!

 

[jeans22]

No this is not Dual Intent because he only has one real intention, to become a PR. Also, you are not married to him yet, correct? So he doesn't really have to mention you unless needed. Again, prove that he has more going on for him in Guatemala than in Canada. That's the key!

Wow, I didn't know Guatemala takes that long to process an outland application. If that's the case, then yes it's a lot better to do an inland application and be together and have the ability to work.

Good Luck!!

 

[PMM]

Hi

Is this not dual intent then? Coming on claims to visit aunts but has canadian wife to be and baby about to arrive?

Applying as a tourist sounds way better than trying for student and then inland. It really apears inland is faster I checked again today 80% of Guatemala office is completed by 21 mths! Sounds faster to be in Canada with the ability to work don't you think!

All the answers I've been getting are so helpful thank you for such a great place with such nice ppl!
Cheers everyone!

It is actually 8-19 months. It is doubtful that he will get a TRV with a Canadian spouse in Canada, CIC won't believe that he will leave.