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Inland Application (spousal) with 6-mth Visitor Visa

lisow

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May 27, 2010
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Sept. 12, 2011
Situation is: My finance from Argentina has been accepted on a 6 month visitor visa to Canada. Should we consider applying for an inland application providing that we get legally married as soon as she gets into canada (me being a canadian citizen)? I noticed that Vegreville is only processing applications up until October 2009, with a 6-7mth processing time. Even with an extension, would there be any way that this option could be considered? Has anyone else had any luck with this type of inland spousal sponsorship?
 

fallenstar831

Hero Member
Nov 8, 2009
259
13
St. Catharines, Ontario
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25-11-2009
File Transfer...
22-12-2009
Med's Done....
12-11-2009
Passport Req..
02-05-2010
VISA ISSUED...
02-22-2010
LANDED..........
03-25-2010
Yes you can do this, just make sure she keeps her status up to daate while you wait :)
 

Leon

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Jun 13, 2008
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If you apply inland, you should send along with the application a request for extension of visit status and a request to change status to open work permit upon first stage approval. That way, it's all tied together. If the first stage approval takes longer than 6 months, her visit status would be automatically extended and she would get her work permit right away at first stage approval rather than have to apply for it at that point and wait for it. If all goes well with the first stage approval, she can expect to have the PR in another 6-12 months after that.

For inland, it's is very important to have all your i's dotted and t's crossed. If they find any problem with your application and decide that they want an interview, she will not get a first stage approval in 6 months but instead will have to interview at your local CIC office where you live. Depending on their caseload, these interviews can take up to 3 years to get and in the meantime, she would have no work permit and no health care. Another downside to inland is that you are not advised to travel while it's in process. Any problem with her family and she has to go back, she risks not being let back in and losing her inland application.

If you decide to go outland instead, you can still request a visit visa extension. It would take 1-2 months to approve you as a sponsor and an average of 8 months in Argentina to get her PR. The downside is if they called her for an interview, she would have to go there.
 

lisow

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May 27, 2010
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That is great news! Couple of extra questions though...

Would she need a job offer in the first to get the 'open work permit' after first stage approval? Or would this just allow her to work anywhere after being obtained?

As well, in the case that an interview is requested and she does not get her first stage approval in 6 months, would she be staying illegally in Canada for up to 3 years? Or would this still be an extension of her visa (implied or otherwise)?

Thanks again for the help!
 

Leon

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Jun 13, 2008
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lisow said:
That is great news! Couple of extra questions though...

Would she need a job offer in the first to get the 'open work permit' after first stage approval? Or would this just allow her to work anywhere after being obtained?

As well, in the case that an interview is requested and she does not get her first stage approval in 6 months, would she be staying illegally in Canada for up to 3 years? Or would this still be an extension of her visa (implied or otherwise)?

Thanks again for the help!
An open work permit does not require a job offer. She would be able to work anywhere.

If an interview is requested, she would not be staying illegally in Canada. You would have already applied for her visit visa extension tied in with the sponsorship application. I do not actually know if they give a visit visa extension for an unlimited time until your application is done but if they do not, you just need to keep applying for extensions until she is approved.
 

lisow

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May 27, 2010
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Sept. 12, 2011
Many thanks again for the information! One more question:

Would a lawyer be recommended in either the inland/out-of-land processing cases? I am currently looking for one, but as I haven't filled out the forms, I'm not sure of the extent to which I would need a lawyer?
 

Leon

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A lawyer will make sure you get all the forms right if he's good but you can do that yourself if you are willing to spend a bit of time reading over the instructions. Unless you have some complicated circumstances, you don't really need a lawyer.
 

lisow

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May 27, 2010
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Ok good news. I'll read over everything and see how it looks. thanks again!