Spousal Sponser (outland or Inland)

[joseph248]

HI everyone,

I hope I can get some advice on what we should do.

My Fiance (to be spouse soon).

Here is our situation, she is currently on a "Work permit" to be expired some time end next year.
We are getting married soon (this sept). After we get married we are not sure if we should apply for her PR (inland or outland application)

We know the outland application is faster to be process.

I guess the question is, if we applied by outland application, can she still continue to work here with her existing work permit? Or does she have to leave Canada completely?

Or do you think we should apply Inland and get her work permit to change to OWP instead.

Any suggestion would be great.

 

[CharlieD10]

She can remain in Canada and continue working on her work permit, it will not affect it if you apply for PR for her via the Outland method.

 

[rachiy]

Outland for sure!

She can continue on her work permit until it expires. If she does not have PR by then but it is close, there is a sneaky way to extend it. Simply apply for a restoration of visitors status. As long as the application is received before her WP expires then she will be on implied status and can continue on the exact same conditions of her work permit until the application is processed (and hopefully within that time she will get PR, in which case the other app will be redundant). Not sure what processing times are right now, but for a while they were around 5 months, so it is essentially just free time. The catch is that she will not be able to leave the country or make any changes to her work conditions - if she does leave then her ability to continue to work legally will end.

Please note, this was correct when it applied to me a few years ago while juggling work permits, but the principle is the same for PR. It is entirely possible the processing times and rules have changed however, so please check the CIC website.

 

[joseph248]

Outland for sure!

She can continue on her work permit until it expires. If she does not have PR by then but it is close, there is a sneaky way to extend it. Simply apply for a restoration of visitors status. As long as the application is received before her WP expires then she will be on implied status and can continue on the exact same conditions of her work permit until the application is processed (and hopefully within that time she will get PR, in which case the other app will be redundant). Not sure what processing times are right now, but for a while they were around 5 months, so it is essentially just free time. The catch is that she will not be able to leave the country or make any changes to her work conditions - if she does leave then her ability to continue to work legally will end.

Please note, this was correct when it applied to me a few years ago while juggling work permits, but the principle is the same for PR. It is entirely possible the processing times and rules have changed however, so please check the CIC website.

During the PR process if her permit expired can she just apply for a renewal of the permit or will it get conflict with the Outland application. Also, if she say she support or herself financial, do I still need to have income?
Thanks.

 

[rachiy]

I am not sure how it works to re-apply for the work permit while PR is in process as part of the criteria of a WP is that you must prove you will leave Canada when the WP is finished. Also, to get a new WP she will need to get a new LMO - which as I am sure she already knows can be difficult and there are no guarantees.

I am not sure which country you are applying through, but if her WP does not expire until the end of next year as long as the PR application is submitted soon there is a good chance it will be processed by then.