Marriage & Inland Sponsorship

[kitu82]

Hi,

I am a Permanent Resident and I met my girlfriend here in Canada. She currently holds a work permit which will expire in a couple of months. We are getting married soon, but it looks as if her work permit will expire before a spouse sponsorship application is processed.

I was wondering what will happen in between our wedding and the application is processed. Will she be granted a temporary permit to live and work in Canada? Is she even going to be allowed to stay in Canada while the application is being processed? Can she apply for an Open Work Permit while we wait for the PR sponsorship?

 

[benjis_monikuss]

Is there any way she can extend her visa? Or apply for another separately?

If you do go inland, and I truly suggest looking into Outland (she can be in Canada, can leave and renter as she likes and depending where your wife is from, she could have full PR before Stage 1 is over with, catch is she must maintain legal status here at all times).

I say this because there is a new rule that inland applicants can no longer submit their OWP at the same time as their PR, this is because the processing office changed to Mississauga. If your wife wanted to obtain an OWP she would have to wait until she received her AIP and send it in.

There is a form of implied status for inland apps at some point but it guarantees nothing with CBSA, and some people have been asked to leave, even with their PR submitted.

 

[kitu82]

Is there any way she can extend her visa? Or apply for another separately?

If you do go inland, and I truly suggest looking into Outland (she can be in Canada, can leave and renter as she likes and depending where your wife is from, she could have full PR before Stage 1 is over with, catch is she must maintain legal status here at all times).

I say this because there is a new rule that inland applicants can no longer submit their OWP at the same time as their PR, this is because the processing office changed to Mississauga. If your wife wanted to obtain an OWP she would have to wait until she received her AIP and send it in.

There is a form of implied status for inland apps at some point but it guarantees nothing with CBSA, and some people have been asked to leave, even with their PR submitted.

Thanks @benjis_monikuss. Is there any type of temporary visa that she can get meanwhile that is easier to obtain given that she would be married to a Canadian PR?

 

[benjis_monikuss]

What's your wife's country of nationality, is she visa exempt? Generally people who are visa exempt can show up at the border and get between 3-6 months on a visitor visa that can be extended. This is how a lot of people go about common law relationships. I don't know that being married to anyone makes any difference, but people have stated in the app for the visit visa that they are here to visit while app in process etc.

 

[kitu82]

What's your wife's country of nationality, is she visa exempt? Generally people who are visa exempt can show up at the border and get between 3-6 months on a visitor visa that can be extended. This is how a lot of people go about common law relationships. I don't know that being married to anyone makes any difference, but people have stated in the app for the visit visa that they are here to visit while app in process etc.

She is German. A visitor visa would be good, but we would prefer a visa that would allow her to work while the app is in process

 

[benjis_monikuss]

She is German. A visitor visa would be good, but we would prefer a visa that would allow her to work while the app is in process

Hmm, I'm not too sure. I think someone with more inland experience can help you. Working after her current one expires just may not be an option so you may need to look into her visitor restrictions.

 

[Ponga]

Hmm, I'm not too sure. I think someone with more inland experience can help you. Working after her current one expires just may not be an option so you may need to look into her visitor restrictions.

Agreed (with everything you've said thus far) and...congrats on landing yesterday!

An Inland application allows for an OWP application, but...the rules may have changed. Nothing's been officially posted on CIC's site. It's a moot point, since OWP would only be processed after you have sponsor approval (AIP) anyway.

In the `old system' (if it has in fact been changed) submitting an OWP WITH your Inland application would give implied status. Those with implied status would need to worry about being removed by CBSA...only those without status.

I don't know how your bride-to-be will be able to work before she has her PR.

Good luck!

 

[kitu82]

So our marriage does not help her getting another temporary visa? The reason I am asking is that we found that for the OWP one of the qualifications is:

Your spouse is
a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B ,

Can I qualify as that if I'm a PR with an occupation that surely lands under those skill types?

 

[scylla]

So our marriage does not help her getting another temporary visa? The reason I am asking is that we found that for the OWP one of the qualifications is:
Can I qualify as that if I'm a PR with an occupation that surely lands under those skill types?

Correct - your marriage does not help her get another temporary visa that would allow her to work.

The quote you found only applies to non-Canadians who have spouses on work permits in Canada. Since you are a Canadian (PR), this rule does not apply to your or your wife.