Inland application help

[twowheeled]

Hello, I am sponsoring my american wife inside canada, we are about to file the paper but are wondering if we need to get a visa extension or if she will get applied status after I file to sponsor her. When we crossed the border she did not get her visa stamped, is this going to cause trouble?

Thank you!

 

[CharlieD10]

She will need to apply for an Open Work Permit in order to have implied status, separate and apart from the permanent resident application. May I ask why you are choosing an Inland application for your American spouse? It has little to no benefits over the Outland application, and first stage approval will take 11 months, more or less the same amount of time most Americans need to get full PR via the Outland process. Further, she does NOT need to leave Canada to have an Outland application, no matter what you may have been told.

She would need to keep her visitor status legal by extending it. Extensions should be applied for at least 30 days prior to the expiration of her current status. Without an entry stamp to prove when she entered the country, there might be some difficulty in extending her stay, yes.

 

[twowheeled]

We were going to file inland because she has no need to leave canada and it looked to me that it would give her a work permit quicker. i was looking on the CIC website and it was saying 90days first step on outland 12 months second step, where as inland is 11 months first step and then she gets OWP if im not mistaken.

If we file outland then how can i keep her in canada legally for the length of the process? she did not receive a stamp when we crossed.

Also, if i were to file the OWP with her inland application does it give her implied status? and do i need a passport stamp for that?

THANKS!

 

[CharlieD10]

Ah, well, if she doesn't need to leave and it suits your purposes, then an Inland application will work for you.

Yes, she gets OWP with her approval in principle (AIP), provided you apply for it at the same time you make the PR application BUT ensure you ask them not to process the work permit application until they assess her for AIP. If they process the WP first, it will almost surely be rejected.

Yes, she has implied status with the filing of the OWP application. You need a copy of the pages of her passport to go along with the application, since she is visa-exempt.

For her to remain in Canada legally during the process, you need to apply to extend her visitor status when it is close to running out (they recommend 30 days prior). As for how it can be done without the passport stamp, I am hoping an American can jump in here, as I am not visa-exempt, so I wouldn't know.

 

[scylla]

We were going to file inland because she has no need to leave canada and it looked to me that it would give her a work permit quicker. i was looking on the CIC website and it was saying 90days first step on outland 12 months second step, where as inland is 11 months first step and then she gets OWP if im not mistaken.

If we file outland then how can i keep her in canada legally for the length of the process? she did not receive a stamp when we crossed.

Also, if i were to file the OWP with her inland application does it give her implied status? and do i need a passport stamp for that?

THANKS!

A few comments about time lines...

It will take a full 11 months for your wife to receive AIP/first stage approval if she applies in-land.

The outland processing times shown for Buffalo don't reflect how long it will take for stage 2 of outland. This reflects how long it took for the visa office to complete 80% of the applications received. This means most people get through in less than 12 months - and some get through substantially faster.

To provide an example, my husband (American) applied outland a few years ago. When he applied, Buffalo showed a processing time of 10 months. His file was approved in just over 4 months (Mississauga + Buffalo processing time).

If you apply outland, there's a good chance your wife will be 100% approved before the 11 month mark. I would recommend you read through the posts on the Buffalo thread to see how long it is taking most to get through these days so that you can make a fully informed decision. I'd also recommend that you read the inland threads. The inland wait can really feel like an eternity and really takes its toll on people.

Good luck.

 

[twowheeled]

Ah, well, if she doesn't need to leave and it suits your purposes, then an Inland application will work for you.

Yes, she gets OWP with her approval in principle (AIP), provided you apply for it at the same time you make the PR application BUT ensure you ask them not to process the work permit application until they assess her for AIP. If they process the WP first, it will almost surely be rejected.

Yes, she has implied status with the filing of the OWP application. You need a copy of the pages of her passport to go along with the application, since she is visa-exempt.

For her to remain in Canada legally during the process, you need to apply to extend her visitor status when it is close to running out (they recommend 30 days prior). As for how it can be done without the passport stamp, I am hoping an American can jump in here, as I am not visa-exempt, so I wouldn't know.

Im a bit confused, does she get implied status by filing the OWP or do I need to file the visa extension for her to stay?

Does anyone know how to apply for the OWP or the Visa Extension without the passport stamp?

I am worried about outland mostly because of the buffalo office closure i know it was significantly faster but with it closed i am worried that she may get work permit faster with inland,

Thanks for your help.