Outland PR Application / Open Work Permit?

[spc337]

My wife and kids are Canadian Citizens and we are all USA citizens. My wife is sponsoring me for a PR and I'm about to submit the application & paper work. I figured we should include an Open Work Permit application at the same time. The PR Checklist seems to suggest that submitting the Work Permit app only goes with the Spouse Class while living in Canada. Since we live in the USA currently, we are applying under the Family Class.

So do I submitted the applications together and send to the Nova Scotia address or do I apply for the PR and Open Work Permit separately?

Thanks

 

[armoured]

My wife and kids are Canadian Citizens and we are all USA citizens. My wife is sponsoring me for a PR and I'm about to submit the application & paper work. I figured we should include an Open Work Permit application at the same time. The PR Checklist seems to suggest that submitting the Work Permit app only goes with the Spouse Class while living in Canada. Since we live in the USA currently, we are applying under the Family Class.

So do I submitted the applications together and send to the Nova Scotia address or do I apply for the PR and Open Work Permit separately?

Thanks

You cannot apply for the Open Work Permit using the outland application stream.

If you wish to do so, you'll need to move to Canada first, and then apply inland. You cannot change an application from outland to inland by moving to Canada during the process - should you want to, you'd have to withdraw the one application and apply again (starting the whole process over). You can't apply outland and then apply for the OWp after moving to Canada (well, you can, but it'll be refused).

Realistically: if you're planning to move soon, wait and apply inland. If not, apply outland and hope the timing of your PR being approved is before or close to your planned move date.

Yes, there's no guarantee and you may end up with a period unable to work legally in Canada.

 

[spc337]

You cannot apply for the Open Work Permit using the outland application stream.

If you wish to do so, you'll need to move to Canada first, and then apply inland. You cannot change an application from outland to inland by moving to Canada during the process - should you want to, you'd have to withdraw the one application and apply again (starting the whole process over). You can't apply outland and then apply for the OWp after moving to Canada (well, you can, but it'll be refused).

Realistically: if you're planning to move soon, wait and apply inland. If not, apply outland and hope the timing of your PR being approved is before or close to your planned move date.

Yes, there's no guarantee and you may end up with a period unable to work legally in Canada.

Thanks for the quick reply. It's good to see the bureaucracy is universal... Ideally, we would move in the next 4-6 months. No idea how fast a PR, in my situation, will come through. Sounds like your recommendation is to hold off on the PR until we move then apply inland with an Open Work Permit? Any idea how fast an Open Work Permit would come through? Can I live in CA in while waiting for my outland PR application to be approved if timing requires it?

Can I still work for my USA employer remotely as they have zero revenue in Canada... Just like working from home just home is in CA.

 

[armoured]

Thanks for the quick reply. It's good to see the bureaucracy is universal... Ideally, we would move in the next 4-6 months. No idea how fast a PR, in my situation, will come through. Sounds like your recommendation is to hold off on the PR until we move then apply inland with an Open Work Permit? Any idea how fast an Open Work Permit would come through? Can I live in CA in while waiting for my outland PR application to be approved if timing requires it?

Can I still work for my USA employer remotely as they have zero revenue in Canada... Just like working from home just home is in CA.

-You can live in CA while waiting for your outland application to come through. You can also travel freely whereas with inland you really are expected to be in Canada throughout the process.
-Generally you can work remotely while 'visiting' - you do need to check about the tax/work aspects; but you've got the right idea on the main test for being able to do so (no Canadian activities etc).
-You can look through inland threads here to see how fast the OPWs have typically been coming through - I don't follow but used to be 4-6 months, now more delays and have heard 6-10 months (and also often seem to come close to date of getting the PR status so sometimes no significant advantage).
-NOT a recommendation but based on above (do check), hard to come to a different conclusion than that you may be better to file outland sooner and hope it comes through quicker. And if not, you can work remotely for a bit and be with your family.

Covid delays for spousal PRs as with everything but they do seem to be trying to catch up; USA cases often go somewhat quicker because eg security and criminality checks easier, documents well-known, etc - and with kids who are Canadians shouldn't be much doubt about relationship.

Note: if you apply outland your spouse will ahve to show 'intent to return to Canada' - admin preps, job searches, professional arrangements like qualifications, schooling arrangements for kids, housing, moving arrangements, etc. Take this seriously as they are checking more often it seems, and then when she does move to Canada, update address to show. If you're really moving it won't be hard BUT they can and often do ask for more info if initial info supplied is not convincing and that step of asking for and reviewing the supplementary docs can add time.