Spouse Open Work Permit on a Visitors Visa (US Citizen)

[EpiphanySnow]

Hello!

Simplified even more: My spouse and I are getting married on March 10th, then he will be returning to the United States to finish his degree (Until May 12th). If I apply inland on march 10th, will he be denied entry into the country? Will he still be able to get his open work permit in 3 to 4 months even though he hasnt been approved in principal first? When he returns he will just be on a visitors visa not a TRP.

TShortened Version: Spouse will be here on May 12th on a Visitors Visa, should we apply for a outland application on the date of our marriage (March 10th), and inland application on the date of our marriage or an inland application on May 12th. We were thinking of March 10th because a lawyer advised he could travel (I dont think that is true) and he said he could apply for a work permit. I contacted the CIC and an officer incorrectly gave me information he could apply for a SWOP from outland. However I am confused does my spouse (Who is a United States Citizen (Visitor Visa Exempt 6 months) have to be approved in principal on a vistors visa before he gets his work permit? Or is that previous legal status and it could approved in 4 months? How long does a AIP take for US applicants (approx)? Is it possible that an outland application could be approved before the inland is even AIP? Is it hard to get a CWP for computer science/technological fields. We want him to be able to work.

Edit: Should we apply for Inland on March 10th when he must go back to the United States to finish his degree? Or should we wait until May.

Full Story Below:
I am working with immigration lawyers (not on a retainer but just multiple consultations in hindsight I could have probably spent less on just a retainer.) but no one can give me a straight answer.

Background: My spouse and I have been together for 1 years and 6 months (officially) we have known each other before that for around 7 years. We met online on a video game in 2009 it was a pretty funny story, and we just maintained a pretty strong friendship throughout the years. We started dating, every time we cross the border all the border agents like to pile up and hear the story. So I figured I would share.

Alright so here is the deal, he is currently completing his bachelors in the United States in CompSci (Scheduled for graduation May 12th). We are getting married on March 10th. One Immigration lawyer I spoke too said I could apply for inland then and "He can go and come as he pleases" but I don't think that is a trustworthy route. I am nervous about that one. He wants to move up here, he enjoys Canada and has multiple job prospects here, Ontario is the Province.

Does my spouse have to be approved in principal on a vistors visa before he gets his work permit? Or is that previous legal status and it could approved in 4 months? How long does a AIP take for US applicants (approx)? We want him to be able to work.

 

[WeegieInOttawa]

Very confusing post.

Outland no OWP option.

Inland there is OWP option. OWP 3/4 months processing time.

The dates you apply don't make a difference if it's spousal (ie you're married). Dates only make a difference if applying down common law route.

 

[EpiphanySnow]

Very confusing post.

Outland no OWP option.

Inland there is OWP option. OWP 3/4 months processing time.

The dates you apply don't make a difference if it's spousal (ie you're married). Dates only make a difference if applying down common law route.

Lemme Try: My spouse and I are getting married on March 10th, then he will be returning to the United States to finish his degree. If I apply inland on march 10th, will he be denied entry into the country? Will he still be able to get his open work permit in 3 to 4 months even though he hasnt been approved in principal first?

 

[WeegieInOttawa]

Lemme Try: My spouse and I are getting married on March 10th, then he will be returning to the United States to finish his degree. If I apply inland on march 10th, will he be denied entry into the country? Will he still be able to get his open work permit in 3 to 4 months even though he hasnt been approved in principal first?

You canot apply inland if your spouse wont be IN Canada. To apply inland he has to be living in Canada for the duration of the processing. If he isnt he is failing to meet the requirements of the inland processing rules.

 

[EpiphanySnow]

You canot apply inland if your spouse wont be IN Canada. To apply inland he has to be living in Canada for the duration of the processing. If he isnt he is failing to meet the requirements of the inland processing rules.

So even if he is on a visitors visa from the states it is still 4 months? The agent at CIC told me that he has to be approved in principal first. Then a 2nd CIC agent told me that isn't the case. Was so confused.

 

[WeegieInOttawa]

So even if he is on a visitors visa from the states it is still 4 months? The agent at CIC told me that he has to be approved in principal first. Then a 2nd CIC agent told me that isn't the case. Was so confused.

4 months for OWP processing? 3-4 months is the estimated time but it could be more, it could be less. Your circumstances or status do not alter the estimated 3-4 months processing time for the OWP.

If he is in Canada on a visitors visa you can submit the OWP app with the PR app.

He MUST stay IN Canada during the whole process if going inland.

 

[WeegieInOttawa]

Hello!

Simplified even more: My spouse and I are getting married on March 10th, then he will be returning to the United States to finish his degree (Until May 12th). If I apply inland on march 10th, will he be denied entry into the country? Will he still be able to get his open work permit in 3 to 4 months even though he hasnt been approved in principal first? When he returns he will just be on a visitors visa not a TRP.

TShortened Version: Spouse will be here on May 12th on a Visitors Visa, should we apply for a outland application on the date of our marriage (March 10th), and inland application on the date of our marriage or an inland application on May 12th. We were thinking of March 10th because a lawyer advised he could travel (I dont think that is true) and he said he could apply for a work permit. I contacted the CIC and an officer incorrectly gave me information he could apply for a SWOP from outland. However I am confused does my spouse (Who is a United States Citizen (Visitor Visa Exempt 6 months) have to be approved in principal on a vistors visa before he gets his work permit? Or is that previous legal status and it could approved in 4 months? How long does a AIP take for US applicants (approx)? Is it possible that an outland application could be approved before the inland is even AIP? Is it hard to get a CWP for computer science/technological fields. We want him to be able to work.

Edit: Should we apply for Inland on March 10th when he must go back to the United States to finish his degree? Or should we wait until May.

Full Story Below:
I am working with immigration lawyers (not on a retainer but just multiple consultations in hindsight I could have probably spent less on just a retainer.) but no one can give me a straight answer.

Background: My spouse and I have been together for 1 years and 6 months (officially) we have known each other before that for around 7 years. We met online on a video game in 2009 it was a pretty funny story, and we just maintained a pretty strong friendship throughout the years. We started dating, every time we cross the border all the border agents like to pile up and hear the story. So I figured I would share.

Alright so here is the deal, he is currently completing his bachelors in the United States in CompSci (Scheduled for graduation May 12th). We are getting married on March 10th. One Immigration lawyer I spoke too said I could apply for inland then and "He can go and come as he pleases" but I don't think that is a trustworthy route. I am nervous about that one. He wants to move up here, he enjoys Canada and has multiple job prospects here, Ontario is the Province.

Does my spouse have to be approved in principal on a vistors visa before he gets his work permit? Or is that previous legal status and it could approved in 4 months? How long does a AIP take for US applicants (approx)? We want him to be able to work.

Worth reading this...

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

 

[EpiphanySnow]

4 months for OWP processing? 3-4 months is the estimated time but it coud be more, it could be less.

If he is in Canada on a visitors visa you can submit the OWP app with the PR app.

He MUST stay IN Canada during the whole process if going inland.

The approved in Principal thing confused me, I am assuming that was a previous measure. The officer (who was wrong) the first time I called said "Approved in Principal takes 5 months (est) then he has to wait another 3 months before his OWP gets approved. The 2nd person told me "He can apply while he is in Canada as a visitor and he will be approved for that probably before approved in principal"

 

[WeegieInOttawa]

The approved in Principal thing confused me, I am assuming that was a previous measure. The officer (who was wrong) the first time I called said "Approved in Principal takes 5 months (est) then he has to wait another 3 months before his OWP gets approved. The 2nd person told me "He can apply while he is in Canada as a visitor and he will be approved for that probably before approved in principal"

You only need to wait for approval in principal (AIP) if you are not in status.

 

[NorthwardCA]

Hello!

Simplified even more: My spouse and I are getting married on March 10th, then he will be returning to the United States to finish his degree (Until May 12th). If I apply inland on march 10th, will he be denied entry into the country? Will he still be able to get his open work permit in 3 to 4 months even though he hasnt been approved in principal first? When he returns he will just be on a visitors visa not a TRP.

Too long didn't read version: Spouse will be here on May 12th on a Visitors Visa, should we apply for a outland application on the date of our marriage (March 10th), and inland application on the date of our marriage or an inland application on May 12th. We were thinking of March 10th because a lawyer advised he could travel (I dont think that is true) and he said he could apply for a work permit. I contacted the CIC and an officer incorrectly gave me information he could apply for a SWOP from outland. However I am confused does my spouse (Who is a United States Citizen (Visitor Visa Exempt 6 months) have to be approved in principal on a vistors visa before he gets his work permit? Or is that previous legal status and it could approved in 4 months? How long does a AIP take for US applicants (approx)? Is it possible that an outland application could be approved before the inland is even AIP? Is it hard to get a CWP for computer science/technological fields. We want him to be able to work.

Edit: Should we apply for Inland on March 10th when he must go back to the United States to finish his degree? Or should we wait until May.
Full Story Below:


I am working with immigration lawyers (not on a retainer but just multiple consultations in hindsight I could have probably spent less on just a retainer.) but no one can give me a straight answer.

Background: My spouse and I have been together for 1 years and 6 months (officially) we have known each other before that for around 7 years. We met online on a video game in 2009 it was a pretty funny story, and we just maintained a pretty strong friendship throughout the years. We started dating, every time we cross the border all the border agents like to pile up and hear the story. So I figured I would share.

Alright so here is the deal, he is currently completing his bachelors in the United States in CompSci (Scheduled for graduation May 12th). We are getting married on March 10th. One Immigration lawyer I spoke too said I could apply for inland then and "He can go and come as he pleases" but I don't think that is a trustworthy route. I am nervous about that one. He wants to move up here, he enjoys Canada and has multiple job prospects here, Ontario is the Province.

Does my spouse have to be approved in principal on a vistors visa before he gets his work permit? Or is that previous legal status and it could approved in 4 months? How long does a AIP take for US applicants (approx)? We want him to be able to work.

My understanding is that historically Outland Applications from US are faster than Inland. Since all US applications are now being processed in Mississauga now, I expect we're going to see a convergence over time (with Outland getting slower and Inland getting faster, with some kind of convergence at the 10 to 12 months mark, maybe) - but right now, my understanding is Outland is still faster.

Simple Math says: applying sooner (March) on a shorter process (Outland) - you would (on average) get processed sooner. BUT...

If you want him to be with you in Canada and you want him to be able to work - you have no choice but to apply Inland. You can only get a work permit (OWP) while applying Inland. Not Outland.

As to travel: while travel is more restrictive on Inland applications, my understanding is it's not impossible. By and large, it's just a hassle: you can get permits to go in and out of Canada. The catch on travel (and that's true for Inland and Outland) is that there are some (shortish) periods (around the end of the process of getting your PR) where you can't.

Short answer: in order for him to be able to work: go Inland.

Good luck.

 

[EpiphanySnow]

You only need to wait for approval in principal (AIP) if you are not in status.

And visitors are in status? Last question I promise

 

[EpiphanySnow]

My understanding is that historically Outland Applications from US are faster than Inland. Since all US applications are now being processed in Mississauga now, I expect we're going to see a convergence over time (with Outland getting slower and Inland getting faster, with some kind of convergence at the 10 to 12 months mark, maybe) - but right now, my understanding is Outland is still faster.

Simple Math says: applying sooner (March) on a shorter process (Outland) - you would (on average) get processed sooner. BUT...

If you want him to be with you in Canada and you want him to be able to work - you have no choice but to apply Inland. You can only get a work permit (OWP) while applying Inland. Not Outland.

As to travel: while travel is more restrictive on Inland applications, my understanding is it's not impossible. By and large, it's just a hassle: you can get permits to go in and out of Canada. The catch on travel (and that's true for Inland and Outland) is that there are some (shortish) periods (around the end of the process of getting your PR) where you can't.

Short answer: in order for him to be able to work: go Inland.

Good luck.

We don't need to travel. We're just worried if someone dies ect ect. What to do. Also we worried worried that visitors weren't "in status" as well.

 

[WeegieInOttawa]

And visitors are in status? Last question I promise

Visitor status is a valid status yes. If he overstays his given visitor time without applying to extend it (which can be done online before the expiry of the current visitor status) he will be out of status.

 

[WeegieInOttawa]

Remember you cannot apply inland until he is living here.

 

[EpiphanySnow]

Remember you cannot apply inland until he is living here.

Definitely the case! May 12th it is. Thank you so much, my mind is at ease The lawyer will help out too.