Inland Spousal Sponsorship and Open Work Permit - issues travelling overseas?

[nand0BC]

Hi there!

After several failed attempts through other immigration channels, my partner (Canadian) and I (Spanish) have decided to do a civil marriage and apply to PR through spousal sponsorship.

I am currently on a Young Professionals visa, which expires at the end of Feb 2025. The idea would be to apply through the inland channel, and try to get an open work permit before my Young Professionals visa expires. This way, we could continue working together as we currently do.

The problem is that I will have to leave Canada around October/November to support my father (he's having surgery), and I might be away for 2-4 months depending on how his recovery goes. My partner would also come to help out, probably for a shorter period.

Our concern is clear - if we temporarily leave Canada whilst the visa is being processed, are we at risk of having it rejected? Or perhaps at risk of not being granted the open work permit?

As you can imagine, this opens many questions as to whether we should try the outland channel instead, or whether there is a 'safer moment' to leave (i.e. after having received the AOR...), etc. We haven't even married yet, so it all seems stressful and tight time-wise!

Any ideas, wisdom, advice or support would be appreciated

Fern

 

[armoured]

Our concern is clear - if we temporarily leave Canada whilst the visa is being processed, are we at risk of having it rejected? Or perhaps at risk of not being granted the open work permit?

As you can imagine, this opens many questions as to whether we should try the outland channel instead, or whether there is a 'safer moment' to leave (i.e. after having received the AOR...), etc. We haven't even married yet, so it all seems stressful and tight time-wise!

Yes, it would be at risk. Apply outland. You can still apply for the OWP. Leaving might risk the OWP, but not the sponsorship. Pretty simple situation.

 

[scylla]

Hi there!

After several failed attempts through other immigration channels, my partner (Canadian) and I (Spanish) have decided to do a civil marriage and apply to PR through spousal sponsorship.

I am currently on a Young Professionals visa, which expires at the end of Feb 2025. The idea would be to apply through the inland channel, and try to get an open work permit before my Young Professionals visa expires. This way, we could continue working together as we currently do.

The problem is that I will have to leave Canada around October/November to support my father (he's having surgery), and I might be away for 2-4 months depending on how his recovery goes. My partner would also come to help out, probably for a shorter period.

Our concern is clear - if we temporarily leave Canada whilst the visa is being processed, are we at risk of having it rejected? Or perhaps at risk of not being granted the open work permit?

As you can imagine, this opens many questions as to whether we should try the outland channel instead, or whether there is a 'safer moment' to leave (i.e. after having received the AOR...), etc. We haven't even married yet, so it all seems stressful and tight time-wise!

Any ideas, wisdom, advice or support would be appreciated

Fern

Definitely apply outland. Don't apply inland.

 

[nand0BC]

Thanks Armoured and Scylla for your very quick responses!

The reason I had discarded "outland" was because of the Open Work Permit option not being listed here, but reading on other websites it seems indeed possible to apply for it via the outland channel - that's a relief!

Will the outland channel also make things easier for my partner (the one sponsoring me) to travel overseas?

And, if I apply via the outland channel, is there any benefit from prolonging as much as possible my departure from Canada, or will it make no difference? (thinking of getting the OWP before leaving...).

Thanks a lot once again, very much appreciated, it's amazing how simple these things seem to you guys - and how convoluted to us!!

 

[armoured]

Will the outland channel also make things easier for my partner (the one sponsoring me) to travel overseas?

Yes or neutral, depending on how you look at it. More important is that they are a citizen. As inland you must reside together but your departures more imporant.

And, if I apply via the outland channel, is there any benefit from prolonging as much as possible my departure from Canada, or will it make no difference? (thinking of getting the OWP before leaving...).

Hard to say. May make getting the OWP more likely, but only a guess.

 

[nand0BC]

Yes or neutral, depending on how you look at it. More important is that they are a citizen. As inland you must reside together but your departures more imporant.



Hard to say. May make getting the OWP more likely, but only a guess.

Great, thanks a lot @armoured, very much appreciate your help. We are going to begin the process soon, fingers crossed it all goes well!

 

[nand0BC]

Hi there!

I've been reading about the OPW for Outland applications, and I keep getting mixed information (likely because this is a fairly new measure?).

For example, this video says that even though Outland applications are also eligible for OWP, the applicant must be living in Canada with the sponsor. Is this correct?

And, if this is correct, how would they ask me to prove it (for example, even though I would be abroad, we still have a joint bank account, driving license, car insurance etc on the same address - as we currently live together and will continue upon our return to Canada).

Thanks!
Fernando

 

[scylla]

Hi there!

I've been reading about the OPW for Outland applications, and I keep getting mixed information (likely because this is a fairly new measure?).

For example, this video says that even though Outland applications are also eligible for OWP, the applicant must be living in Canada with the sponsor. Is this correct?

And, if this is correct, how would they ask me to prove it (for example, even though I would be abroad, we still have a joint bank account, driving license, car insurance etc on the same address - as we currently live together and will continue upon our return to Canada).

Thanks!
Fernando

Yes, the OWP for outland applications is a new measure.

Is the sponsor a Canadian citizen or PR?

 

[nand0BC]

Yes, the OWP for outland applications is a new measure.

Is the sponsor a Canadian citizen or PR?

Canadian citizen

 

[scylla]

Canadian citizen

In that case you can sponsor while living outside of Canada (you'll need to provide evidence that you plan to relocate to Canada once your spouse's PR visa is approved).

However your spouse won't qualify for an OWP if you are both outside of Canada.

 

[nand0BC]

In that case you can sponsor while living outside of Canada (you'll need to provide evidence that you plan to relocate to Canada once your spouse's PR visa is approved).

However your spouse won't qualify for an OWP if you are both outside of Canada.

With both being outside Canada, does this mean travelling or residing elsewhere? We both live in Canada, but will be overseas from Oct/Nov to January. We won't be becoming residents of another country, just visiting my family in Spain - but we will keep our bank accounts, car insurance and so on here in Canada.

 

[autoscriptor]

If you send your application now, you can apply for Inland or Outland. It wouldn't make a lot of difference in processing time. My wife applied for Outland in December 2023 and got approved in August. We also made two mistakes in the application that I'm sure resulted in at least two months of delay.

If you apply inland, ensure your YP Visa is valid and won't expire while visiting your father in Spain. In that case, you don't have to re-enter Canada on an eTA with a double intention. If you apply outland, you can indeed provide an address in Canada. If you provide an address outside Canada, you will send a web form to update it once you return to Canada, and your application will continue to be processed outland. You can only apply for the spousal open work permit (SOWP) when you are in Canada and plan not to leave the country, as this could make your work permit application void. You need to receive an Acknowledgment of Receipt (AoR) of your family sponsorship application before you can apply for the SOWP. AoR can take any time from one week to a little bit more than two months.

As I mentioned above, my wife applied outland after two returned inland applications. She was in Canada from May to November 2023 before we decided she would go back. Then, we applied outland in December, and you may check our timeline in my signature to get a sense of the process.

Good Luck

 

[nand0BC]

If you send your application now, you can apply for Inland or Outland. It wouldn't make a lot of difference in processing time. My wife applied for Outland in December 2023 and got approved in August. We also made two mistakes in the application that I'm sure resulted in at least two months of delay.

If you apply inland, ensure your YP Visa is valid and won't expire while visiting your father in Spain. In that case, you don't have to re-enter Canada on an eTA with a double intention. If you apply outland, you can indeed provide an address in Canada. If you provide an address outside Canada, you will send a web form to update it once you return to Canada, and your application will continue to be processed outland. You can only apply for the spousal open work permit (SOWP) when you are in Canada and plan not to leave the country, as this could make your work permit application void. You need to receive an Acknowledgment of Receipt (AoR) of your family sponsorship application before you can apply for the SOWP. AoR can take any time from one week to a little bit more than two months.

As I mentioned above, my wife applied outland after two returned inland applications. She was in Canada from May to November 2023 before we decided she would go back. Then, we applied outland in December, and you may check our timeline in my signature to get a sense of the process.

Good Luck

Thanks @autoscriptor, that's so very helpful to read! And your signature is also amazing, thanks for taking the time for all of this

Reading your response and the other in this thread, it seems that they way to go for us would be...

1. Apply through the Outland channel using our address here in Canada
2. Wait for the AOR whilst we are in Spain (Oct to Jan)
3. As soon as we land back in Canada, apply for the Spousal Open Work Permit using our address here. I will still have around 7 weeks left on my Young Professionals visa. (I understand that it is better not to apply for the open work permit whilst we are in Spain, correct?)

Looking at your signature, though, the SOWP seems to take quite a bit to be approved. If I don't get it by the time my YP runs out, should I apply for a visitor record to extend my time here, even if I have to stop working temporarily?

Thanks a lot!
Fernando

 

[autoscriptor]

1. I understand that it is better not to apply for the open work permit whilst we are in Spain, correct?
2. If I don't get it by the time my YP runs out, should I apply for a visitor record to extend my time here, even if I have to stop working temporarily?

1. Almost all forum members will tell you you shouldn't apply for SOWP when your application is Outland, and you have not come to Canada yet. The logic behind that is that when SOWP was first introduced, it was only available for inland applications. This changed, and IRCC made it available to outland applicants who managed to join their spouses in Canada. When my wife arrived in May, we updated her address and applied for the SOWP. We made many plans to spend a few days in the U.S., but we didn't just want to take the slightest chance that we would face issues at the borders coming back. It's better to be safe than sorry.
2. Once your current status expires while you are in Canada but have a pending application to change it, you have an implied status until a decision is made on your application and you are not overstaying. My wife received health coverage in B.C. based on that implied status. However, when you get a visitor record, they usually extend it for an extra year, which gives you extended peace of mind.

Good luck