Outland Applications and Open Work Permit question?

[Daisy80]

Hi there,
I have been sprawling for months on this site and find it very useful as the information found on the Immigration sites are confusing. I have a query which I seem to find bits and pieces on but would like to see if I can get a clear answer before I send my Family class sponsorship through next week.

Can anyone help me with the following situation I find myself in:

I wish to apply for a conjugal sponsorship with my Canadian partner, but was thinking of applying outland as that has the shorter processing period and much suited to our situation. I am currently living with my Canadian partner in Canada and will be applying for an 'Open work permit' at the same time as my family class sponsorship application. Oh sorry I forgot to mention I am Australian so my question is, if I apply outland and ask them to process it at the 'Buffalo' branch in America instead of Australia, as having to leave Canada for an interview in Australia would just be too expensive in our situation etc. can someone please tell me if I do apply outland am I still allowed to apply for an open work permit at the same time as my family class application? and if I do apply for an open work permit does this mean I do not need to apply for an extension to my current visitor visa as the work permit gets approved upon the first stage of approval????

Please help, this is doing my head in and I want to send the application in asap and deciding to do it inland or outland is hard to work out??!!!

Thank you for your responses ;D

 

[jenny12345]

Open work permit application is with inland (Vegreville) and at this time takes 6 months. Outland application might be faster but if you're looking to get open work permit, you might consider inland instead.

Also you mean common-law right not conjugal? as you are both in Canada

 

[Daisy80]

Hi Jenny, thank you for your help. Yes sorry I meant common - law as we are both in Canada atm. Would I have to apply for an extension of my visitor visa at the same time or does the open work permit cover this???

 

[parker24]

Hi Jenny, thank you for your help. Yes sorry I meant common - law as we are both in Canada atm. Would I have to apply for an extension of my visitor visa at the same time or does the open work permit cover this???

That depends. Are you applying outland or inland? I know the title says outland but it sounds like you're confusing the two.

 

[Daisy80]

That depends. Are you applying outland or inland? I know the title says outland but it sounds like you're confusing the two.

Hi Parker, I will apply inland now as I would like to apply for an open work permit at the same time so I can work in Canada is that correct??

 

[scylla]

Hi Parker, I will apply inland now as I would like to apply for an open work permit at the same time so I can work in Canada is that correct??

Yes - you should include an application for an open work permit along with your inland application. The work permit should be approved approximately six months after the application package is submitted.

 

[Daisy80]

Yes - you should include an application for an open work permit along with your inland application. The work permit should be approved approximately six months after the application package is submitted.

Thanks Scylla ;D my visitor visa is only for 6 months, so expires in July this year. If I was to apply in the next week or so, bearing in mind how long they take to even look at the application...would the work permit that will get approved once I get 1st stage approval cover my visa expiring, or do I have to apply for a extension on my visa as well??? Ive read somewhere saying you do not need to???

 

[jenny12345]

If you submit an open work permit application together with the inland application then you don't have to send a visitors visa extension because you will have implied status. Make sure they receive your application BEFORE your visit status ends. It is also advised you do not leave Canada till the you get the PR card. Best of luck.

 

[Rob_TO]

Thanks Scylla ;D my visitor visa is only for 6 months, so expires in July this year. If I was to apply in the next week or so, bearing in mind how long they take to even look at the application...would the work permit that will get approved once I get 1st stage approval cover my visa expiring, or do I have to apply for a extension on my visa as well??? Ive read somewhere saying you do not need to???

If your visitor visa is 6 months long, I assume you became an official common-law couple before moving to Canada, perhaps by living together in Australia?

Just to clarify, in order to apply common-law you must have cohabited with your partner for a continuous 12 months straight. This can be living in 2 or more countries, but it MUST have been for 12 months in a row with no breaks. Since you seemed to confuse conjugal and common-law, just wanted to make sure you are on the right track.

if I apply outland and ask them to process it at the 'Buffalo' branch in America instead of Australia, as having to leave Canada for an interview in Australia would just be too expensive in our situation etc.

Unless you are also a US citizen OR have resided legally in the US for at least 1 year, this would not be an option. If you are applying outland and are from Australia, you have no choice but to have your application processed in Australia as you can't pick and choose your outland visa office based on what's most convenient to you. And Australia is where any potential interview would be. However the chance of having an interview is incredibly small as the approval rate for Australia is very high... so unless you have lots of red flags in your application, you should consider outland as a possibility. You could potentially have your PR card in around the same time it takes to get just stage 1/OWP approval with applying inland (though it's a gamble on the actual processing time). There are pros and cons with each way.

 

[IslandAnnie]

Also, if you apply Inland you should not risk travel outside Canada during the process. It you were denied re-entry for any reason your application could not be completed. I agree with Rob_TO, that Outland might be good to consider.. you could be done the whole process and be a PR in the time it takes for your OWP if you went Inland.

 

[Daisy80]

Thanks for all the replies guys, it really helps to have people out there helping and giving advice!

 

[simb]

I have mostly given advice (if its based on outland vs inland) to go for outland. though for inland you can get work permit but there is one big disadvantage that you cannot appeal if denied. and another reason IslandAnnie has already given you that you cannot leave the country.
i say Inland only if you think your case is very strong and VO would not be able to find out any reason to reject it.
for even outland its less processing time (esp when its Sydney office)

rest you have to take the decision we can just give you suggestions.

 

[Monika28]

Hi,
My spouse has got a PR and is moving to Canada. Once he lands there and settles he would apply for my spouse visa (outland). Will I be eligible to apply for an open work permit from India once me husband gets a sponsorship approval?
Which is the best possible way to join my husband soon?

 

[kcward7]

Hi,
My spouse has got a PR and is moving to Canada. Once he lands there and settles he would apply for my spouse visa (outland). Will I be eligible to apply for an open work permit from India once me husband gets a sponsorship approval?
Which is the best possible way to join my husband soon?

There are no work permits on an outland application, only inland.

 

[spousalsponsee]

Hi,
My spouse has got a PR and is moving to Canada. Once he lands there and settles he would apply for my spouse visa (outland). Will I be eligible to apply for an open work permit from India once me husband gets a sponsorship approval?
Which is the best possible way to join my husband soon?

If you are already married or a common-law couple (lived together for 12 months+), please be very very careful with what you're doing next! If your husband lands as a PR and you are not on his form, then he will never be able to sponsor you. You must be included on his form. The good news is, this means you will be able to join him immediately - you can go with him. You will be a dependent on his application. So that will be quicker than him landing and doing the spousal app. But if you are not on his application at all, he will never be able to sponsor you. Of course, if you are on his app but listed as non-accompanying, that's another issue. Good luck