Inland Sponsorship

[ASinn]

Hi,

SCENARIO
My girlfriend of 3 years visits Canada (not her first time) using an eTA. We're getting married and returning to her home country would be risky (she lives on her own and has no family / support). We're hoping to avoid an outland process as we've been separated for years but aren't sure how the inland status works.

I've read and been told (though not convincingly) that if she's here as a visitor and is my spouse, sending in the permanent residency application would grant her inland status if it is submitted while she's in Canada. She would retain this inland status until the application was approved or denied without having to extend her eTA. Is this accurate?

If not, would she have to keep extending her eTA until the application was approved or denied? And if this is the case, how likely is it that the government will allow her to extend her eTA long enough & enough times that it will cover the duration of the application process given these circumstances?

She's afraid and it's all very vague and risky so any help is appreciated.
Thank you.

 

[monkeys89]

The PR application does not grant implied status. The eTA is not a visa and cannot be extended.

What you're thinking about is:

- Using an eTA to board an airplane
- At Customs, asking for and receiving a visa (I assume she is from a visa-exempt country)
- Getting married and staying in Canada until the inland process is finished

This is all possible, but there are obstacles to overcome at each step:

- At the customs entry point, your girlfriend may be asked by CBSA why they should believe that she will return to her home country when her Temporary Resident Visa (TRV) expires. You say she has no family and no support in her home country - these are red flags and risks because it will make her appear to not have any ties that would force her to return. CBSA will be primarily concerned that your girlfriend will overstay her visa. If she's from a visa-exempt country, she won't need to prove her ties to return in order to get a visa, but she may be asked at the border for proof. Be prepared to answer those questions.

- She won't get implied status from the PR application. She can get implied status from an Open Work Permit (OWP), which you can apply for at the same time that you apply for PR after being married. However, to be granted an OWP, she needs to be in-status (ie, have a valid TRV) during the application process. Additionally, if there are any errors with your application, it can be returned to you, and she will lose any implied status she had - and that's an issue because she could then be out-of-status when you resubmit.

- What people will generally recommend in this case is that provided she's granted admission to Canada, and she gets the standard 6-month entry, then near the end of that TRV you apply for an extension, even if you've already applied for PR and OWP. This gives another layer of implied, and potentially valid, status.

In preparation for this, begin collecting proof and evidence and the background info the applications require.

 

[ASinn]

I appreciate the detailed response, monkeys89. Is an eTA considered a TRV? Last I checked, eTAs can be extended but I may be wrong on this one. I'll look into TRVs.

She lives in New Zealand and can return safely if needed but it would create a few unrelated problems (which can be resolved). I see that based on her country of origin, she does not need to pass a medical exam for an OWP. However, the information I could find on OWPs restrict foreign nationals to certain fields & professions in areas like: childcare, school teaching, health services, farming. She is not a skilled professional but is looking to study and get into early childhood education / childcare.

Any recommendations on a best approach? What I know for certain now is that if an eTA is considered a valid TRV and she receives the full 6-month stay, she could extend it until her PR application is processed. However, I'm not sure if the government typically does this. If she tells them the reason for the extension is to retain an inland status while her PR application is processed so as to not be separated from her spouse, would this be a valid enough reason?

All the documentation can be sorted & there are no problems legally, medically or financially in the way.
Thanks again for your help.