Spousal sponsership - inland questions

[automaton82]

Hi,

I am a Canadian citizen, and I marrying someone who has been here for 2 years on a working visa (still valid). I want to sponsor them in under the family class application process. They are here in Canada living with me.

I have a few questions that hopefully someone can help with:
1. We plan to get the criminal check (both for their country, and Canada) 2 months before we get married, meaning if we apply directly after, there may be only 1 month "left" before the 3 month period. Is this a problem?

2. As per above, we plan to send the application in directly after getting married (without waiting for the marriage certificate) so that the criminal checks don't expire, with a letter indicating the certificate is coming (we will also apply for the cert right away). I cannot find instructions on how to send an addendum later on. Does anyone have details on this process, and does anyone have experience doing this?

3. Although we are applying inland, the medical check will be in the original country (up-front), and not Canada. Is this an issue?

Lastly, as mentioned above they are here with a working permit and an LMO, but we want to apply for an open working permit along with the PR application. How do I do that? I have been following this guide:
cic.gc.ca/english/information/applications/spouse.asp

And it makes no mention of how to send an application for an open working permit with the PR application.

Thanks!

 

[frege]

1. We plan to get the criminal check (both for their country, and Canada) 2 months before we get married, meaning if we apply directly after, there may be only 1 month "left" before the 3 month period. Is this a problem?

If the police certificate is older than three months when you submit it, then it won't be valid.

You don't need a police certificate from Canada.

2. As per above, we plan to send the application in directly after getting married (without waiting for the marriage certificate) so that the criminal checks don't expire, with a letter indicating the certificate is coming (we will also apply for the cert right away). I cannot find instructions on how to send an addendum later on. Does anyone have details on this process, and does anyone have experience doing this?

My impression is that a marriage certificate is essential, because you can't be approved as a sponsor if you don't have it. So one way or another, you'll have to submit the marriage certificate with the application.

Police certificates can be submitted later, however, if you include a note saying that you've applied for one and are waiting for it. To be on the safe side, try and keep any proof you can that you've applied.

3. Although we are applying inland, the medical check will be in the original country (up-front), and not Canada. Is this an issue?

No, as long as the doctor is approved by CIC and CIC is satisfied that you're both living in Canada from the date of application until landing.

Lastly, as mentioned above they are here with a working permit and an LMO, but we want to apply for an open working permit along with the PR application. How do I do that? I have been following this guide:
cic.gc.ca/english/information/applications/spouse.asp

And it makes no mention of how to send an application for an open working permit with the PR application.

I think the application form to include is here:

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

As I don't have direct experience with the forms for this, I'd prefer to let someone else confirm this.

 

[Sweden]

Sweden, I didn't read anything here to indicate that the OP's spouse is on an IEC permit.

True - my mistake, sorry. I read "working holidays visa" where it only says "working visa" - and the a reference for an LMO later on, so not an IEC at all - so implied status definitely is a possibility.
Thanks for the correction - I'll remove my post to avoid any confusion.
Sweden

 

[automaton82]

Thanks for the replies!

If the police certificate is older than three months when you submit it, then it won't be valid.

For this, it will be valid when I mail it, with 1 month left. I guess what I mean is that by the time they receive it, process it, etc. it will most definitely be "expired." So I'm not sure what "submit it" means - is it the day you put it in the mail?

You don't need a police certificate from Canada.

She has lived in Canada for 2 years, and the instructions say any country where you've been for longer than 6 months. Are you sure?

My impression is that a marriage certificate is essential, because you can't be approved as a sponsor if you don't have it. So one way or another, you'll have to submit the marriage certificate with the application.

Hm, well the issue is that it takes a long time to get a marriage certificate, and the police check is difficult to get, so there's no good way to time it without going back twice. I was hoping I could send it in later. I was using this forum post as a guide (a few people mentioned they did the same thing):
canadavisa.com/canada-immigration-discussion-board/can-i-submit-my-permanent-resident-application-without-the-marriage-certificate-t67117.15.html

Thanks for the rest of the information!

 

[scylla]

She has lived in Canada for 2 years, and the instructions say any country where you've been for longer than 6 months. Are you sure?

Yes - we are sure. No pcc for Canada required.

 

[frege]

Thanks for the replies!

For this, it will be valid when I mail it, with 1 month left. I guess what I mean is that by the time they receive it, process it, etc. it will most definitely be "expired." So I'm not sure what "submit it" means - is it the day you put it in the mail?

She has lived in Canada for 2 years, and the instructions say any country where you've been for longer than 6 months. Are you sure?

Hm, well the issue is that it takes a long time to get a marriage certificate, and the police check is difficult to get, so there's no good way to time it without going back twice. I was hoping I could send it in later. I was using this forum post as a guide (a few people mentioned they did the same thing):
canadavisa.com/canada-immigration-discussion-board/can-i-submit-my-permanent-resident-application-without-the-marriage-certificate-t67117.15.html

Thanks for the rest of the information!

For the police certificate, it's the date they receive it that counts for the three-month rule, so long as it's received with the PR application or once it's been started. They have the discretion to ask for a new one later, usually after a year. However, this doesn't happen in most cases.

About the marriage certificate, for some reason I was answering as if you were applying outland. For outland, my impression is that the package wouldn't be returned, but that sponsor approval would be delayed, and this would delay the whole thing.

But it's likely easier to do this with an inland application than an outland one, because there's no file transfer that can be delayed. So I'm not sure I gave you the right advice on this.

It would be worth checking with CIC.

 

[automaton82]

Yes - we are sure. No pcc for Canada required.

Great, thanks!

For the police certificate, it's the date they receive it that counts for the three-month rule, so long as it's received with the PR application or once it's been started. They have the discretion to ask for a new one later, usually after a year. However, this doesn't happen in most cases.

About the marriage certificate, for some reason I was answering as if you were applying outland. For outland, my impression is that the package wouldn't be returned, but that sponsor approval would be delayed, and this would delay the whole thing.

But it's likely easier to do this with an inland application than an outland one, because there's no file transfer that can be delayed. So I'm not sure I gave you the right advice on this.

It would be worth checking with CIC.

Okay, I will make sure the police check is still valid within the 3 month period by the time they get it.

I can call the CIC and ask. Is it just the standard call center?