Starting the process - help!

[lauralee15]

I’m looking for some guidance on where to start in this complicated process!

I’m Canadian and my fiancé is South Korean. We met in Canada when he was on a student visa approximately 4.5 years ago. Since then he has returned to Korea, I lived in Korea for a while, but have since returned to Canada to gain permanent employment, so that eventually we can start our lives together. Long distance has been rough, but we have a wedding date set in Canada for this August. Ideally he will travel to Canada and stay.

We are planning to apply for Permanent Residency after our wedding, with me as his sponsor. Will he have to return to Korea or can we apply inland using his tourist visa (which only lasts 3 months )? If so, can his tourist visa be extended since the process takes so long? Obviously would rather not have to do long distance again.

Should we send in our application immediately after we have our marriage certificate in hand?

Looking for some honest/realistic assistance and guidance on where to start! The Call centre has been less than helpful.

 

[tishness]

Hi Lauralee,

I would suggest you apply outland, now yes you have to be apart, but the process is quicker. There is a new OWP program for inland applicants but I'm not sure if anyone has actually seen a open work permit yet, so I'll let one of them answer because I am outland so that's what I can speak to.

Gathering things can take months, so yes, best to begin by getting the tough stuff done now such as, translation and notarization of his vital documents like birth certificate etc. Anything in Korean will need to be done. Also, order your Option C printout for your 2014 tax return so you have that ready.

Then you need to compile proof of relationship, travel documents you may have from visits, photos of you two over your time together, assembling a "story" if you will of your relationship. Getting phone records, chat histories etc. This is all time consuming so print off all the guides/forms, read them over, even scribble some answers down and that gives you time to post questions here that you are unsure about.

Some advice for you upcoming wedding; take lots of photos. Get what you can of friends and family, so you can identify them in the photos, showing they are supportive of your relationship.

There is a wealth of information on here, easily searchable, or simply ask!

Best of luck!

 

[Ponga]

The Pilot Program OWP that tishness mentioned IS generating OWPs now (and has been for a few months).

I don't know why s/he said "I would suggest you apply outland, now yes you have to be apart, but the process is quicker."
There's no reason why he can't simply apply to extend his visitor visa after your wedding. This would certainly allow him to remain in Canada as a visitor. A person can be physically present in Canada and still submit an Outland application (or visit Canada during the process, if allowed entry by CBSA).

Or...you submit the Inland application and OWP (together) before his visitor visa expires. This would give him the OWP in ~ 4 months and would also allow him to legally remain in Canada with you...while you wait.

If having him here with you in Canada, with the ability to work in a few months, is more important to you than an expedited process...an Inland application is worth considering. Just be aware that with an Inland application, it's recommended that the applicant not leave Canada during the entire (~ 2 year) process.

Good luck!

 

[lauralee15]

Financially we have prepared for him to likely be unable to work even longer than 4 months and had already heard about the inability to leave the country until the process is complete (this is part of the reason we have waited so long to get married - so we would have enough savings and be able to live comfortable on my salary).

Just to clarify, you would recommend we apply inland soon after the wedding? Do you know much about the process of extending a visitor visa? Is that something that we will continually need to extend over the approximate 2 year process?

 

[Ponga]

If you apply Inland and include the OWP with the application, he will not need to extend his visitor visa; he will have what is referred to as Implied Status, throughout the entire process.

If you apply Outland, he would need to apply for an extension, but with proof of a sponsorship application submitted, the chances of approval are [usually] quite high.

I recommend applying (either route) ASAP after your wedding, since the process is soooooo long.

 

[lauralee15]

Thank you - you've already been very helpful!

It sounds like inland may be a better option, given we are prepared to wait out the long 2 year process.

Is there a separate application form to apply for an Open work permit to include with the rest of the forms? I can't seem to locate it on the site?

 

[Ponga]

Use for IMM5710E. The total cost is $155 (OWP) + $100 (handling fee of some sort) = $255

Here's a thread that covers the new OWP eligibility program. Now, an applicant is eligible as soon as CIC receives their Inland sponsorship application package...unlike the `old days' when a person needed to wait (what is now 16 months) for AIP (Approval in Principle)!
http://www.canadavisa.com/canada-immigration-discussion-board/oneyear-pilot-owp-for-spouses-and-commonlaw-partners-t260580.0.html

 

[lauralee15]

Thank you!

One more question for this evening as I start to gather documents - his birth certificate and police check obviously need to be obtained in Korea and translated by a certified translator. But can his health check be completed in Canada once he arrives? Wanting to minimize the amount of documents that need to be translated.

 

[Ponga]

Yes, but he must use a CIC Panel Physician from the list on their website:
http://www.cic.gc.ca/pp-md/pp-list.aspx

Most offices are now using the eMedical system, but he should inquire with the doctor that he chooses to make sure.

 

[canadianwoman]

I would suggest he apply outland. He can stay in Canada as a visitor while he waits for the outland application to be processed, and can apply for an extension of his stay as a visitor.

Inland means he should stay in Canada, probably for two years. He is allowed to leave - but if the border agents don't let him back in, the inland application is over. There is also no right to an appeal with inland.

You have a long relationship and presumably lots of proof, so his outland application will most likely be processed much more quickly than an inland app would be.

 

[Rob_TO]

Just a few comments....
Upon initial entry to Canada as a visitor he doesn't get a "visa", since Koreans are visa-exempt. Most likely he will get a 6-month visitor "status" upon entry. Even if he intends to stay longer, he must convince CBSA that he has capacity to leave before those 6 months are up. So it's always good to have a return airplane ticket in hand dated 6 months or later. Of course once in Canada, he is free to apply inland and stay here on implied status, or apply outland and apply to renew his visitor status. Also he should try to avoid telling CBSA he intends to get married, apply for PR and stay here forever. So only volunteer the basic info (he's here to visit you), but answer honestly anything if asked directly. Just keep in mind to act like a true "visitor" when talking to them.

If you decide to go the outland route for quicker processing, note he'll also need to gather some Korean-specific docs (like family register info). Details here: http://www.cic.gc.ca/english/pdf/kits/guides/3907e.pdf
Some Koreans applying outland through Manila have had pretty quick processing times recently. Read the Korean-specific thread here: http://www.canadavisa.com/canada-immigration-discussion-board/sponsoring-my-korean-wife-for-permanent-residency-t137874.2505.html

And as was mentioned with an inland app, you are not necessarily stuck in Canada. A Korean friend of mine with an inland app in progress has left now 2 separate times (after getting OWP), and had no issues upon returning back to Canada. Although the risk is still there in the small chance he's refused re-entry, so whether or not you think you can travel during this time is entirely up to your risk tolerance.

 

[lauralee15]

Thanks for the info - happy to find someone with experience dealing with Korea specific. According to the link there are three specific documents required from Korean citizens:


1.Family Relation Certificate and one certified true translation into French or English of your Family Relation Certificate. This document should have been recently issued.
2. Marriage Relation Certificate and one certified true translation into French or English
3. Old (deleted) Family Census Register and one certified true translation into French or English

Is Family relation certificate and marriage relation certificate, the same as a birth certificate and marriage certificate? or something different?

 

[Rob_TO]

Thanks for the info - happy to find someone with experience dealing with Korea specific. According to the link there are three specific documents required from Korean citizens:


1.Family Relation Certificate and one certified true translation into French or English of your Family Relation Certificate. This document should have been recently issued.
2. Marriage Relation Certificate and one certified true translation into French or English
3. Old (deleted) Family Census Register and one certified true translation into French or English

Is Family relation certificate and marriage relation certificate, the same as a birth certificate and marriage certificate? or something different?

The family ones are unique to Korea and not something a Canadian would be familiar with. Basically you register your family with the government (parents, kids, etc) all in 1 document.

Your fiancee will easily know what these documents are as they're very common to Koreans.

 

[lauralee15]

Just wanted to clarify, if we choose to go the inland route, we do not need these Korean(Family Relation Cert, Marriage Relation Cert & Family Census Register) specific documents?