Inland sponsorship with PA entering as visitor

[Ste_Vege]

Hi,

I am Canadian (from Quebec) and my wife is Italian. We live in UK and we would like to move to Quebec via the inland spousal sponsorship. We would move to Quebec from UK with my wife entering as 'visitor' using her Italian passport and we would then apply inland so that we can be together during the application process and she can start working with an OWP.

First of all, is this allowed?
She is allowed to stay 6 months as visitor, but then after that what would we do? can she renew her visitor 'visa' based on the fact that we submitted an application? Could she be refused an extension to her visitor visa therefore having to leave the country and jeopardising our application?

At the border, does she need to declare she is entering for tourism or immigration purposes?

 

[canuck78]

Hi,

I am Canadian (from Quebec) and my wife is Italian. We live in UK and we would like to move to Quebec via the inland spousal sponsorship. We would move to Quebec from UK with my wife entering as 'visitor' using her Italian passport and we would then apply inland so that we can be together during the application process and she can start working with an OWP.

First of all, is this allowed?
She is allowed to stay 6 months as visitor, but then after that what would we do? can she renew her visitor 'visa' based on the fact that we submitted an application? Could she be refused an extension to her visitor visa therefore having to leave the country and jeopardising our application?

At the border, does she need to declare she is entering for tourism or immigration purposes?

Yes she can apply to extend her stay. She should apply right before the 6 months. She should indicate that you are applying for inland sponsorship and include proof that you’ve applied for sponsorship and that you have the finances to support her stay. Should be no issue extending as long as you don’t wait years to sponsor.

Would not bring up that you intend to sponsor your spouse bu5 if asked direct questions you should answer truthfully. She is only visiting so should not bring excess baggage and appear as though she is moving permanently.

 

[Ste_Vege]

Yes she can apply to extend her stay. She should apply right before the 6 months. She should indicate that you are applying for inland sponsorship and include proof that you’ve applied for sponsorship and that you have the finances to support her stay. Should be no issue extending as long as you don’t wait years to sponsor.

Would not bring up that you intend to sponsor your spouse bu5 if asked direct questions you should answer truthfully. She is only visiting so should not bring excess baggage and appear as though she is moving permanently.

What is the reason for not telling the border officer that my wife is entering to apply for inland spousal sponsorship?

 

[Ponga]

What is the reason for not telling the border officer that my wife is entering to apply for inland spousal sponsorship?

If the sponsorship application were to be denied, the CBSA officer may have concerns about the PA overstaying.

You raise a valid point in asking about a possible refusal to extend her visitor status, as that would definitely kill an Inland application. However, a person can submit an Outland application, even if they submit it from within Canada. There's no OWP available, but unless the Outland applications are now taking substantially longer to process (were at one time much faster), the OWP may be a moot point.

 

[canuck78]

What is the reason for not telling the border officer that my wife is entering to apply for inland spousal sponsorship?

Because she likely applied for the TRV indicating that she was only visiting. Has she indicated that she planned on applying for inland processing she may have been denied. If asked I wouldn’t lie but she is entering as a visitor and will be judged differently upon entering if she indicates she applied to visit with no intention of just visiting.

 

[Ste_Vege]

If the sponsorship application were to be denied, the CBSA officer may have concerns about the PA overstaying.

You raise a valid point in asking about a possible refusal to extend her visitor status, as that would definitely kill an Inland application. However, a person can submit an Outland application, even if they submit it from within Canada. There's no OWP available, but unless the Outland applications are now taking substantially longer to process (were at one time much faster), the OWP may be a moot point.

If we submit an outland application, would my wife still likely be granted an extension of her visitor status until she gets PR?
What I don't understand is: if she is staying in Canada as visitor and we don't have an address in London, UK anymore as we would terminate our rental agreement, what would be her official residency location?
It seems to me from the tracker that inland applications are generally faster, plus she could get the OWP in the meantime.
We would submit in July/Aug 2023 and it seems that by then most backlogs will be cleared and the applications should take even less time.

 

[BNihon]

I’m in a similar situation. I’m wondering the most efficient way for my wife to obtain an open work permit. Currently the outland applications are taking 22 mths (according to the website).
we’re hoping to arrive together, her as a visitor, and then apply for inland once we have settled.

 

[Ste_Vege]

I’m in a similar situation. I’m wondering the most efficient way for my wife to obtain an open work permit. Currently the outland applications are taking 22 mths (according to the website).
we’re hoping to arrive together, her as a visitor, and then apply for inland once we have settled.

Where is your wife from?

 

[BNihon]

Where is your wife from?

She is from Japan.

 

[Ste_Vege]

She is from Japan.

I expect the best way is to apply inland and once you get AOR, you apply for the OWP. I am no expect so maybe check with others too.

 

[canuck78]

I’m in a similar situation. I’m wondering the most efficient way for my wife to obtain an open work permit. Currently the outland applications are taking 22 mths (according to the website).
we’re hoping to arrive together, her as a visitor, and then apply for inland once we have settled.

Don’t trust the posted estimates. They can be very inaccurate.

 

[BNihon]

Don’t trust the posted estimates. They can be very inaccurate.

Does that mean they could be faster… or slower? I’ve been looking at the averages posted in the spreadsheets on this site but the information is very incomplete. I suspect that when the pr is approved many posters in this form stop updating.

I expect the best way is to apply inland and once you get AOR, you apply for the OWP. I am no expect so maybe check with others too.

I feel like this might be the best way too. The problem is that if we arrive together, with our children, a list of personal belongs we’ve shipped to ourselves, and a giant stack on cash, the immigration control is unlikely to believe that she intends to enter Canada as a visitor. I feel like it’s very important that we don’t lie when we enter the country…

 

[canuck78]

Does that mean they could be faster… or slower? I’ve been looking at the averages posted in the spreadsheets on this site but the information is very incomplete. I suspect that when the pr is approved many posters in this form stop updating.



I feel like this might be the best way too. The problem is that if we arrive together, with our children, a list of personal belongs we’ve shipped to ourselves, and a giant stack on cash, the immigration control is unlikely to believe that she intends to enter Canada as a visitor. I feel like it’s very important that we don’t lie when we enter the country…

Faster especially from Japan.
If you are arriving with all your stuff and children yes it will be clear she is not visiting so don’t attempt to lie. Assume children have their Canadian passports.

 

[BNihon]

Faster especially from Japan.
If you are arriving with all your stuff and children yes it will be clear she is not visiting so don’t attempt to lie. Assume children have their Canadian passports.

I appreciate the reply. I’m in a very stressful situation right now after losing my long term employment. I’m still under contract until next April but then we will start the process of moving back to Canada.
I’ve already done the citizenship paperwork for my kids and they have Canadian passports. I feel like that aspect is taken care of.
If we apply outland and she hasn’t been approved by the time we move home, is it possible for her to arrive with us and tell the immigration officer that she has already applied for PR? Visitor visas from Japan to Canada are 6 mths…

 

[canuck78]

I appreciate the reply. I’m in a very stressful situation right now after losing my long term employment. I’m still under contract until next April but then we will start the process of moving back to Canada.
I’ve already done the citizenship paperwork for my kids and they have Canadian passports. I feel like that aspect is taken care of.
If we apply outland and she hasn’t been approved by the time we move home, is it possible for her to arrive with us and tell the immigration officer that she has already applied for PR? Visitor visas from Japan to Canada are 6 mths…

If you can apply now I would get the ball rolling. She may get PR faster than before getting an OWP. There is something called dual intent. I would explain that you have already filed for outland sponsorship but you had to leave Japan due to job loss and didn’t want to split up the family until your spouse got PR. Would have proof that you submitted the sponsorship application. If she doesn’t have provincial health insurance through the province I would buy some and show proof and say she will be visiting Canada until her PR is granted. When you reenter Canada you need to update your address and specify to IRCC that you have moved to Canada and proof of employment if you have any. This will eliminate the need to prove that you will be relocating to Canada with your spouse when she gets PR.