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PR Card Holder wants to marry skilled worker holding a work permit

sadpepper

Newbie
Sep 2, 2014
4
0
Hello I hope someone can help and give me an answer, I have a little bit of a situation. I am a Permanent Resident and my boyfriend is a skilled worker holding a work permit. What should we do to be able to get married here, and make him stay with me here in Canada for good? Thank you!

Edit: We're planning to get married before his work permit expires in March, and he's not getting an extension
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
once you are married, you will be able to sponsor him for PR under spousal sponsorship. if he wants to stay in canada while his application processes, he MUST apply to change his status to visitor and extend his stay. Not doing so will mean he is out of status, and that will mean he is in canada illegally and is subject to deportation. PR applicants are rarely denied extensions to stay, so there's no excuse for NOT applying to stay in status while applying for pr.

Right now, the best way to apply for spousal sponsorship is through the "outside of canada", or outland, option. a person can be IN canada as a worker, student or visitor when they submit an outland application. there is no rule against this. For most visa offices, outland is taking about 8-10 months for total processing, some are less (4-6 months) and some are more (12 months). The visa office is determined from where the applicant is from.

If you find out about applying "in canada", or inland, you will notice there is a new program that issues open work permits to inland applicants, and CIC is stating it will happen within 4 months. Since this is a new program, it is still unknown if the "4 months" starts from when the application is received or when CIC sends an AOR (acknowledgement of receipt). These are 2 different timelines, and noone will really know when the "4 months" starts until march. Please don't let this new program fool you that this will be the best option. for most people, it is NOT, and the OWP doesn't give much jump start in life in canada than applying outland. Currently, the inland process is taking 2 years to complete.

Also, don't let the processing times for visa offices on the CIC site fool you. What is listed are worst case scenarios and do not represent what applicants are seeing today. to get the best real time account of the visa office from where the applicant is from, you will want to take a look at the thread on this forum specific to that office. most threads have a spreadsheet that tracks progress where trends can be easily identified.

at this point, unless you are considered "commonlaw", which means you can prove you have lived together for 365 consecutive days, you can't do anything about sponsorship until you are married.
 

sadpepper

Newbie
Sep 2, 2014
4
0
wow that's a lot of really good information thank you!

Wouldn't he get an 'implied status' as soon as I send the Spousal sponsorship application? Which in my understanding, he could stay in Canada until he eventually gets the open-work permit (due to the Dec 22, 2014 change) if we apply 'inland'?
 

MilesAway

Champion Member
Jul 26, 2012
1,760
69
Category........
Visa Office......
Warsaw
Job Offer........
Pre-Assessed..
App. Filed.......
15-09-2014
Doc's Request.
09-04-2015
AOR Received.
12-11-2014
File Transfer...
30-10-2014
Med's Done....
26-08-2014
Passport Req..
23-04-2015
VISA ISSUED...
07-05-2015
LANDED..........
04-06-2015
Implied status comes from submitting an open work permit application or an application to extend your stay. Sending in a spousal sponsorship application does not give you implied status.
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
sadpepper said:
wow that's a lot of really good information thank you!

Wouldn't he get an 'implied status' as soon as I send the Spousal sponsorship application? Which in my understanding, he could stay in Canada until he eventually gets the open-work permit (due to the Dec 22, 2014 change) if we apply 'inland'?
where is the applicant from? it may not be in his best interest to apply inland, even though there's a promise of an open work permit in "4 months". please reread my original response as to why it can't be guaranteed that it will only take 4 months. of course it is your decision, though if you ask any inland applicant they would probably tell you to apply outland and the OWP is NOT a reason to apply inland. if the applicant is visa exempt, then there is NO reason to apply inland. most visa exempt applicants are approved completely in a reasonable amount of time compared to inland. the OWP pilot program is mere a dangling carrot CIC has offered to offset the ridiculous processing time to complete an inland application.