outland, but within canada - question

[s.faye]

If we apply as an outland application with us in Canada can my boyfriend apply for any kind of work permit or visa while we wait for the pr to go through? Or is it the same as applying Inland where after I'm approved as a sponsor he can then apply for a work permit/visa?

Any info is much appreciated

 

[CharlieD10]

He may not apply for an open work permit, but if he can find a willing employer who will try to obtain a Labour Market Opinion (LMO) that allows them to hire him, he may get a work permit to do that job in particular.

No, it is not the same as for Inland, he must be approved as a PR before he can work, or do as stated above.

 

[RobsLuv]

And he will have to apply for the work permit from "outside" Canada - through the embassy that represents his country - once/if he gets a positive LMO and job offer. Keep in mind that it's possible for the embassy to refuse the work permit based on the permanent resident applicant not being able to demonstrate that he intends to return home at the end of his authorized stay. My daughter was refused a study permit on those grounds - after we were already in Canada, and being sponsored for permanent status by my husband via the outland process.

That being said, unless the overseas embassy has an extraordinarily long processing timeline, it is still better to apply outland than inland for several reasons - the most important of which is that the option for an open work permit with the inland application does not even become available until after the application is assessed for first stage. That is currently taking at least 11 months. Check the outland processing times because it's possible that his overseas embassy could finalize a spousal sponsorship ap (allowing him to work as a PR) within that timeframe, and then the inland process is pointless. It's really only advantageous when someone already has a restricted work or study permit because filing an extension to that permit along with the inland PR ap allows the applicant to continue working under the original permit until first stage approval, when the new open work permit is issued.

Applying inland as a means of getting an open work permit doesn't really work. It causes the inland applicant to be, basically, stuck in Canada for up to a year without being able to work at all, while most overseas embassies will actually finalize spousal PR aps in the same amount of time, or even less. If you're sponsoring your "boyfriend" as a common-law partner, he may already have been in Canada for over a year without being able to work. Applying inland only extends that for at least another year - when the outland process allows him to remain in Canada as he is, and probably gives him PR earlier.

 

[s.faye]

Thanks for the replies

@Robsluv - We're not in Canada as of yet, currently living in Australia (where he's from), and yep will be applying as common law with an outland application. Thing is I'm leaving to come back to Canada in June and he'll be staying in au. I was just trying to explore any kind of possibility to having him come to Canada sooner than the time it'll take the application to be processed. Thanks for the info

 

[OhCanadiana]

Thanks for the replies

@ Robsluv - We're not in Canada as of yet, currently living in Australia (where he's from), and yep will be applying as common law with an outland application. Thing is I'm leaving to come back to Canada in June and he'll be staying in au. I was just trying to explore any kind of possibility to having him come to Canada sooner than the time it'll take the application to be processed. Thanks for the info

If you can afford to have him not have an income, he could travel with you to Canada and enter as a tourist while he waits for the application process to be completed. Assuming he is Australian, he wouldn't need a visa to enter (see bottom of http://www.cic.gc.ca/english/visit/visas.asp) and would likely get 6 months at entry which he can then extend (online even) if necessary. If you do this, it's just important that he and you are very clear with yourselves and with the officers at entry that he's just visiting and not moving (yet). Also, note that if an interview is required he would have to travel back to Australia.

On a separate note, are you familiar with the B4 process (if you are shipping belongings and have been living outside of Canada for over a year you can import your goods duty free)? If not, take a look at http://www.canadavisa.com/canada-immigration-discussion-board/wow-approval-without-an-interview-whats-next-please-advise-t103162.0.html;msg1431113#msg1431113