Spousal sponsorship - wife on study permit

[gtbond]

Hi Everyone,

I got married in February (by registered marriage officiant) and our traditional marriage happened later... We still have to apply for my wife's permanent resident (she is currently in Canada on student visa - expiring in September). I have few questions, if someone can answer that would be great:

• Should I apply for in-land or outland application? I was leaning towards in-land application so she can stay in Canada.
• How can I get her an extension to stay in Canada beyond September?
• Should We apply for her visitor visa or student visa so she can stay beyond September? How long visitor visa process take? Should we apply it with PR aplication or seperately?

 

[marsiangal]

Basically, people are saying that out land is faster,(because they assume that the family is not together and for faster reunification) but since she already have status here and you don't want her to go home after that expires probably better for you to apply inland. (I don't know exactly what the rules are and how much different outland application is because I didn't do that but I can advice you on inland application.)

When you apply for the spousal sponsorship, INLAND. Make sure that you include an application for open work permit. They will process the open work permit application(Extend your stay or change conditions as a worker in Canada form,No need for LMO) once you guys have the approval of the first phase or what people call approval in principle. (AIP). Right now this takes approx. 6-9 months. Cause they are a bit slow. but hopefully Everything will be on track when it is time for you to pass yours. Anyways, While this is on process or waiting for them to hear fro AIP or new work permit she will be on what is called Implied status. But I am assuming she is not in school anymore, so for the meantime she will have a visitor status until the new permit comes.(This is the time when the student permit is expired until the new permit comes). Which kinda sucks cause obviously she cannot do anything while waiting, but at least she is here.

I hope you understand what I was trying yo explain.lol

bottom line:Make sure you pass the application before her status expires. Include OWP application with sponsorship/pr application, and when the student permit expires she will be on implied status as a visitor. No need to renew anything else for the meantime.

Also I should put it out there that if you forgot to include the OWP application with the sponsorship/pr application you can simply wait for the AIP and then apply for the OWP separately,BUT it has to be submitted before her student permit expires. And seeing at how long an AIP is taking these days my advice is to just send them together. Will give you a bit of piece of mind that she is here legally.

Goodluck!