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

[autoscriptor]

Thanks a lot autoscriptor, that's a clear and very helpful explanation - we will do that way then!

We have started taking a look at the forms (specifically 5533) and it's a bit confusing for us, because even though we are currently living together, we are applying through Outland due to having to be overseas for a couple of months. That makes us doubt what to answer...

For example, question 7. Are you and your spouse currently living together?. The answer is Yes, but can we answer yes if we are applying through Outland?

Also, it would be so much easier for us to show our shared lease agreement, our joint bank account, our car insurance, our BC IDs and drivers licenses with the same address and so on, rather than the 'Proof of contact' or 'Proof of sponsor's visits'. We don't really chat as much online, as we see each other every single day (we even work together!), so it would be strange to have to show text messages as proof! Is it possible to provide the proofs I mentioned before (lease agreement etc) even if we are doing Outland?

Thanks a lot!
Fernando

I understand the confusion. Submitting the application outland is a choice, and it doesn't mean more than that. We submitted outland and yet provided proof of relation, the same residence, and financial ties, all from Canada. We provided a tenancy agreement, joint account, extended health insurance policies, etc. We wrote a lengthy letter of explanation, letting IRCC know why my wife decided to return to her home country and apply for outland. You can still say you live together in Canada, even if the application is outland. We did this in two applications we submitted, which were returned for other reasons. IRCC will return an inland application if it shows that the spouse is outside Canada. However, this does not apply to outland applications, which can be processed even if the spouse is inside Canada. I hope someone else from the forum reads this and gives extra confirmation.

Best of luck

 

[nand0BC]

I understand the confusion. Submitting the application outland is a choice, and it doesn't mean more than that. We submitted outland and yet provided proof of relation, the same residence, and financial ties, all from Canada. We provided a tenancy agreement, joint account, extended health insurance policies, etc. We wrote a lengthy letter of explanation, letting IRCC know why my wife decided to return to her home country and apply for outland. You can still say you live together in Canada, even if the application is outland. We did this in two applications we submitted, which were returned for other reasons. IRCC will return an inland application if it shows that the spouse is outside Canada. However, this does not apply to outland applications, which can be processed even if the spouse is inside Canada. I hope someone else from the forum reads this and gives extra confirmation.

Best of luck

That's super helpful, thanks a lot autoscriptor!

We will do the same then - show the tenancy agreement etc etc, and explain to IRCC why we are applying via Outland

Thanks a ton!

 

[nand0BC]

Hi there!

Hope you guys are doing well

My wife and I finally applied via Outland and we are now waiting for the AOR. We are wrapping our heads around the next steps and I just wanted to confirm a few points - hopefully you can help!

As far as I understand, we should wait to apply for the SOWP once I am physically in Canada and whilst my Young Professionals permit is still active. Then, if my YP expires before my SOWP is approved, I will be allowed to stay under 'implied status'. If this is correct, we have a few questions:

1. If my SOWP is approved before my YP expires, does my status automatically switch to SOWP, or do I have to flagpole (i.e. travel to the US and re-enter Canada)?
2. If my SOWP is not approved before my YP expires, am I allowed to work under 'implied status'? If so, am I still restricted to one employer as with my YP?
3. Would it make any difference in terms of obatining a SOWP if I land in Canada after my YP has expired, thus entering the country on a visitor visa/eTA?
4. How open should I be with the border officer regarding my plans of obtaining a SOWP during my wait for the PR? I might have to re-enter Canada quite close to the expiry date of my YP due to family reasons, and I feel that the closer to the YP's expiry date, the more they will challenge me with questions at the border.

Thanks a lot for your help and wisdom as always <3
Fern

 

[armoured]

[There may be a bit of confusion if/when referring to OWP vs SOWP - I think the latter is when the 'principal' i.e. the person from whom the spousal part of the work permit - is a temporary worker or student or a few others. I'm not sure which is which. And therefore I think it's just OWP for spousal sponsorship apps. Not sure. Just keep in mind there is a distinction and different apps.]

1. I believe you have the right immediately to work under the OWP once it's issued. No flagpoling or other necessary.

2. Would apply to extend your stay/convert to visitor status before the YPP finishes. I don't understand details of your timing, you may want to apply for that now.

3. Not that I can think of, but perhaps others know better. (except see below)

4. They will see you have a pending spousal sponsorship. No sense hiding it. Say you're here to visit, yes, do plan to apply to extend it and get OWP, but understand it's temporary (at least until PR approved).

Bottom line, the only confusing part here is that you are leaving / re-entering just before your YPP expires. That's not ideal. Perhaps others have suggestions.

 

[thanhtam23]

Hi there!

Hope you guys are doing well

My wife and I finally applied via Outland and we are now waiting for the AOR. We are wrapping our heads around the next steps and I just wanted to confirm a few points - hopefully you can help!

As far as I understand, we should wait to apply for the SOWP once I am physically in Canada and whilst my Young Professionals permit is still active. Then, if my YP expires before my SOWP is approved, I will be allowed to stay under 'implied status'. If this is correct, we have a few questions:

1. If my SOWP is approved before my YP expires, does my status automatically switch to SOWP, or do I have to flagpole (i.e. travel to the US and re-enter Canada)?
2. If my SOWP is not approved before my YP expires, am I allowed to work under 'implied status'? If so, am I still restricted to one employer as with my YP?
3. Would it make any difference in terms of obatining a SOWP if I land in Canada after my YP has expired, thus entering the country on a visitor visa/eTA?
4. How open should I be with the border officer regarding my plans of obtaining a SOWP during my wait for the PR? I might have to re-enter Canada quite close to the expiry date of my YP due to family reasons, and I feel that the closer to the YP's expiry date, the more they will challenge me with questions at the border.

Thanks a lot for your help and wisdom as always <3
Fern

i understand you’re holding a valid work permit (YP) but are you currently outside Canada?
1. Once approved, WP will be mailed to you with immediate effect.
2. Implied status means your current status remains valid until a decision is made on your new application so yes, you’re allowed to work with the same conditions until then
3. I heard that applying while holding a valid work permit increases the chance/speed of approval but there is no solid ground for that so i think it wouldn’t make any difference
4. Completely open and transparent about everything

 

[nand0BC]

Hi there!

Thanks a lot to both of you for your responses – super helpful!

We received the AOR the other day (it took less than 3 weeks!) so we feel motivated seeing things moving

Something that dawned on us after reading your messages is that we were likely using the wrong terminology. Given that my wife is Canadian by birth, that I hold a temporary permit (Young Professionals – expiring Feb 28th) and that I am living in Canada, our understanding is that we need to apply for an Open Work Permit and not for a Spousal Open Work Permit - are we right on this?

If this is the case, perhaps it changes things a little... What are your thoughts on the following:

• We are technically living together in Canada, albeit right now we are in Spain visiting my family until mid-January. Can I already apply for my Open Work Permit, or should I wait until my feet touch Canadian ground again? (just trying to speed things up).
• Are Open Work Permits something I can request on the border? I would rather enter Canada in January under the OWP instead of my YP, as the YP restricts who I can work for. I am flying with my wife back to Canada and we actually have all the paperwork (including the marriage certificate, rental agreement, etc) on us, so could I try to ask the officer to let me enter the country under an OWP instead of YP (even if my YP would still have 6 weeks to expire)?
  

Thanks once again for your help, things are shaping up little by little!

Fern

 

[armoured]

• We are technically living together in Canada, albeit right now we are in Spain visiting my family until mid-January. Can I already apply for my Open Work Permit, or should I wait until my feet touch Canadian ground again? (just trying to speed things up).
• Are Open Work Permits something I can request on the border? I would rather enter Canada in January under the OWP instead of my YP, as the YP restricts who I can work for. I am flying with my wife back to Canada and we actually have all the paperwork (including the marriage certificate, rental agreement, etc) on us, so could I try to ask the officer to let me enter the country under an OWP instead of YP (even if my YP would still have 6 weeks to expire)?

I believe you can only apply for OWP from within Canada.

No, you cannot get OWP at the border. Also keep in mind, it can take several months (really unknown number, think 3-8 months) to get the OWP. Some say it can happen more quickly if the holder already has a work permit. At any rate you are likely to face a period where you're not able to work legally.

If you have the option to extend the YP, you may want to consider that.

 

[thanhtam23]

I believe you can only apply for OWP from within Canada.

No, you cannot get OWP at the border. Also keep in mind, it can take several months (really unknown number, think 3-8 months) to get the OWP. Some say it can happen more quickly if the holder already has a work permit. At any rate you are likely to face a period where you're not able to work legally.

If you have the option to extend the YP, you may want to consider that.

he can continue working with implied status right? doesn’t really have to extend the YP because once OWP is filed his YP is already “extended” (maintained)

 

[nand0BC]

Thanks for the comments! Either way, this is going to mean quite a few months for me unable to work until the OWP is approved, as there is no more work with my YP employer and I understand the YP restrictions will stay apply during the implied status. A bit of a tricky situation!

 

[armoured]

he can continue working with implied status right? doesn’t really have to extend the YP because once OWP is filed his YP is already “extended” (maintained)

I do not understand the implied status aspect in general nor with respect to YP specifically, so I'm staying out of that one.

 

[scylla]

Hi there!

Thanks a lot to both of you for your responses – super helpful!

We received the AOR the other day (it took less than 3 weeks!) so we feel motivated seeing things moving

Something that dawned on us after reading your messages is that we were likely using the wrong terminology. Given that my wife is Canadian by birth, that I hold a temporary permit (Young Professionals – expiring Feb 28th) and that I am living in Canada, our understanding is that we need to apply for an Open Work Permit and not for a Spousal Open Work Permit - are we right on this?

If this is the case, perhaps it changes things a little... What are your thoughts on the following:

• We are technically living together in Canada, albeit right now we are in Spain visiting my family until mid-January. Can I already apply for my Open Work Permit, or should I wait until my feet touch Canadian ground again? (just trying to speed things up).
• Are Open Work Permits something I can request on the border? I would rather enter Canada in January under the OWP instead of my YP, as the YP restricts who I can work for. I am flying with my wife back to Canada and we actually have all the paperwork (including the marriage certificate, rental agreement, etc) on us, so could I try to ask the officer to let me enter the country under an OWP instead of YP (even if my YP would still have 6 weeks to expire)?
  

Thanks once again for your help, things are shaping up little by little!

Fern

- Wait until you are back in Canada to apply for the OWP.
- You cannot obtain the OWP at the POE.

 

[scylla]

Thanks for the comments! Either way, this is going to mean quite a few months for me unable to work until the OWP is approved, as there is no more work with my YP employer and I understand the YP restrictions will stay apply during the implied status. A bit of a tricky situation!

You are correct about this. You will have implied status but that implied status will only allow you to work under the conditions of your previous work permit (i.e. for your YP employer).

You will need to wait for the OWP to be approved before you can work for another employer.

 

[nand0BC]

Thanks everybody for explaining, I now have a clear picture of the next steps and what to expect. Super helpful thanks a lot!

 

[nand0BC]

Hi there!

Happy New Year to you all

We woke up to good news here, our PR tracker updated my (PA's) eligibility to Completed and I received the letter "Invitation to Pre-arrival services". My wife's eligibility was completed last month too. Does this mean that they have deemed our relationship to be authentic/real? This would be something to celebrate, as our understanding is that this is one of the stages of the process that takes the most time!

I also got my medical exam and biometrics request, and the Background verification is in progress, so they seem to be going quite fast (we applied on Nov 21st).

Thanks for all your help!
Fernando