Inland Spousal application ... need info please.

[canadian20188]

Hello everyone -

I am planning to apply for permanent residency through the Inland Spousal Sponsorship stream and I need a little help or clarification.

I am currently in Canada on a study permit. When I applied for my study permit and started studies, I was dating (not married, not commonlaw) to my current wife. Since being in Canada, we got married recently.

My study permit expires within the next couple of months but my course is taking slightly longer than originally planned so I will need to extend my permit to finish my course. I am doing the application to extend it now as I know I have to extend it at least 30 days before it expires. This gives me implied status in Canada to continue studying until a decision is made.

We also plan to submit my application for permanent residency application around the same time as the extension.

So what I understand (or think is correct) is this:

1) By extending my study permit, I will be able to continue studying until a decision is made on my study permit extension (implied status)

2) When I submit my INLAND Spousal Sponsorship application (wife is a citizen) from within Canada (along with an Open Work Permit application at the same time), I THINK this gives me implied status to stay in Canada even if my studies finish/study permit expires until a decision is made on my permanent residency application. Is this correct?

3) In the weird scenario that they deny my study permit extension (they have no reason to do so except that I got married so they may fear I won't leave Canada) but when I receive the denial I have already applied for permanent residency INLAND from within Canada, does that implied status from the spousal application still stand? Or would I have to leave if they denied my study permit extension even though I have an INLAND application in process and I'm already in Canada.

I hope that makes sense and I hope we are doing it in the correct order of extending my current status and then applying for permanent residency.

Thanks for any advice from the pros.

 

[KBH]

1) Correct

2) Sort of correct. The PR application doesn't give you implied status; the OWP application does. The OWP is issued in 4 months. So if your study permit happened to expire within those 4 months, you would be on implied status till your OWP was issued. After the OWP is issued, your status is worker and you can stay till the expiry on the OWP.

3) Yes, your implied status from the OWP application (again, not from the PR application) would still be in effect

 

[canadian20188]

Thank you KBH for clarifying this for me.

Another question then...

If it is the OWP that gives implied status when applying inland (not the application for permanent residency itself) what would happen if they denied my application for OWP? I would be 4 months into the permanent residency process, my studies would be finished by then, and if they denied my OWP I guess I would not have any type of implied status at that point?

Again, I have no reasons for them to deny me as I have always entered Canada legally, never broken any rules, had a visitor visa before I even became a student, etc. Just want to plan for all possible scenarios.


Thanks again

1) Correct

2) Sort of correct. The PR application doesn't give you implied status; the OWP application does. The OWP is issued in 4 months. So if your study permit happened to expire within those 4 months, you would be on implied status till your OWP was issued. After the OWP is issued, your status is worker and you can stay till the expiry on the OWP.

3) Yes, your implied status from the OWP application (again, not from the PR application) would still be in effect

 

[KBH]

Thank you KBH for clarifying this for me.

Another question then...

If it is the OWP that gives implied status when applying inland (not the application for permanent residency itself) what would happen if they denied my application for OWP? I would be 4 months into the permanent residency process, my studies would be finished by then, and if they denied my OWP I guess I would not have any type of implied status at that point?

Again, I have no reasons for them to deny me as I have always entered Canada legally, never broken any rules, had a visitor visa before I even became a student, etc. Just want to plan for all possible scenarios.


Thanks again

The OWP is almost never denied unless there are serious criminality issues or issues with previously working illegally. If that doesn't apply to you, there is no reason for you to consider that possibility

 

[canuck_in_uk]

Hello everyone -

I am planning to apply for permanent residency through the Inland Spousal Sponsorship stream and I need a little help or clarification.

I am currently in Canada on a study permit. When I applied for my study permit and started studies, I was dating (not married, not commonlaw) to my current wife. Since being in Canada, we got married recently.

My study permit expires within the next couple of months but my course is taking slightly longer than originally planned so I will need to extend my permit to finish my course. I am doing the application to extend it now as I know I have to extend it at least 30 days before it expires. This gives me implied status in Canada to continue studying until a decision is made.

We also plan to submit my application for permanent residency application around the same time as the extension.

So what I understand (or think is correct) is this:

1) By extending my study permit, I will be able to continue studying until a decision is made on my study permit extension (implied status)

2) When I submit my INLAND Spousal Sponsorship application (wife is a citizen) from within Canada (along with an Open Work Permit application at the same time), I THINK this gives me implied status to stay in Canada even if my studies finish/study permit expires until a decision is made on my permanent residency application. Is this correct?

3) In the weird scenario that they deny my study permit extension (they have no reason to do so except that I got married so they may fear I won't leave Canada) but when I receive the denial I have already applied for permanent residency INLAND from within Canada, does that implied status from the spousal application still stand? Or would I have to leave if they denied my study permit extension even though I have an INLAND application in process and I'm already in Canada.

I hope that makes sense and I hope we are doing it in the correct order of extending my current status and then applying for permanent residency.

Thanks for any advice from the pros.

When do you actually plan to finish your studies? If the OWP is approved before you finish, your status will be changed from student to worker and you will not be able to continue studying.

It generally takes 3-4 months for the OWP to be approved but some receive it within 2 months. Keep that timing in mind.

 

[canadian20188]

Great news. Thank you.

When do you actually plan to finish your studies? If the OWP is approved before you finish, your status will be changed from student to worker and you will not be able to continue studying.

It generally takes 3-4 months for the OWP to be approved but some receive it within 2 months. Keep that timing in mind.

The OWP is almost never denied unless there are serious criminality issues or issues with previously working illegally. If that doesn't apply to you, there is no reason for you to consider that possibility

 

[canadian20188]

This is good to know. I should finish my studies within 2-3 months (max) so the timing should work out based on your estimate of OWP processing times. I was not aware my status would change so thank you for letting me know this!

When do you actually plan to finish your studies? If the OWP is approved before you finish, your status will be changed from student to worker and you will not be able to continue studying.

It generally takes 3-4 months for the OWP to be approved but some receive it within 2 months. Keep that timing in mind.

 

[canadian20188]

Thanks for all the info thus far.

I have looked at both the paper and online applications to extend my study permit and I am confused that they are quite different in their requirements.

The online version asks me to upload photos and also asks me for a medical exam (even though my medical exam is less than 12 months old, which I indicated in the pre-online screening questions). The paper format does not request any photos at all to extend nor does it request a medical exam. All the other forms are the same between the two. Why the discrepency? If I apply on paper, do I submit passport photod etc even though they are (surprisingly) not asked for? Thanks!