Think we’ve messed up?!

[Cue_147]

Evening all,
My wife a Canadian citizen and I (U.K. citizen) have been married for 3.5 years but together and 8 and living in England… we’ve just sent off my Visa application.

We’ve booked our flights back to Canada in April as her U.K. visa runs out and I was going to apply for a open work permit when I get over there but think I’ve done the wrong thing… could some please help.

The visa I’ve applied for is spousal family class and I don’t think I’ll be able to get open work permit in this visa… we should of done the Spousal inland visa.
Is this correct?

I just don’t want to be in Canada not working for 12 months as I’ve work everyday since I was 16 now 39.

Thanks is advance.

 

[SLCtoYEG]

Evening all,
My wife a Canadian citizen and I (U.K. citizen) have been married for 3.5 years but together and 8 and living in England… we’ve just sent off my Visa application.

We’ve booked our flights back to Canada in April as her U.K. visa runs out and I was going to apply for a open work permit when I get over there but think I’ve done the wrong thing… could some please help.

The visa I’ve applied for is spousal family class and I don’t think I’ll be able to get open work permit in this visa… we should of done the Spousal inland visa.
Is this correct?

I just don’t want to be in Canada not working for 12 months as I’ve work everyday since I was 16 now 39.

Thanks is advance.

The Inland app would have allowed you to apply for the OWP along side your PR app but even those are taking months right now given Covid. Outland has been typically faster for PR approval on average but yes, you won't be able to work for the duration unless you qualify for a work permit under a different class.

 

[YVR123]

Only inland can include OWP in their application. BUT since COVID, many do not get their OWP approved until very late in their inland sponsorship application. Some even didn't get it after they got their PR approved and are looking for ways to get OWP application fee refund.

Before COVID it's 4 - 6 months to get OWP.. Now, I am not sure. Let me take a look at some inland discussion.

You may not be able to work. Your outland application may be OK.

 

[Cue_147]

Thank you for your answer but this is what I was dreading.
I don’t want to be in Canada for 9 months (if I’m lucky) not doing anything.

Is there any around this?…Cancelling this visa and then applying for inland?

 

[SLCtoYEG]

Thank you for your answer but this is what I was dreading.
I don’t want to be in Canada for 9 months (if I’m lucky) not doing anything.

Is there any around this?…Cancelling this visa and then applying for inland?

If you just submitted, you have 4 months lead time on your Outland application before you even arrive in Canada. While the average app takes 12 months that's only an average and the Tracking Tool shows lots of applicants getting PR in 6-9 months. What @YVR123 is saying is that OWP is taking almost as long, if not longer, to get than the actual PR with an Inland app. And with Outland apps processing a bit faster you're likely not going to be able to work for at least the same amount of time either way.

The choice is ultimately yours but withdrawing and re-applying seems like a moot point to me especially if your PR with Outland could be approved as early as June/July. The likelihood of an OWP with a application date of April being approved by June/July is very low during Covid.

 

[YVR123]

Thank you for your answer but this is what I was dreading.
I don’t want to be in Canada for 9 months (if I’m lucky) not doing anything.

Is there any around this?…Cancelling this visa and then applying for inland?

I missed the part that you are travelling in April not right now.

Thanks SLCtoYEG

It's up to you, but your outland application has a 4 months lead.
You may want to look into volunteering during your wait for PR inside Canada. It may not be 9 months. Some applications are processed faster than the average 12 months.

 

[Cue_147]

Thank you both… that’s made things more clear. I really appreciate your responses.

I’ll 100% look for volunteer work as I’d rather help the community than do nothing.

 

[Phalos]

Thank you both… that’s made things more clear. I really appreciate your responses.

I’ll 100% look for volunteer work as I’d rather help the community than do nothing.

You can help me paint my house )))

 

[armoured]

Evening all,
My wife a Canadian citizen and I (U.K. citizen) have been married for 3.5 years but together and 8 and living in England… we’ve just sent off my Visa application.

We’ve booked our flights back to Canada in April as her U.K. visa runs out and I was going to apply for a open work permit when I get over there but think I’ve done the wrong thing… could some please help.

I'd just add: there is a chance - by no means a guarantee but a decent chance - that your file will be complete fairly quickly, as you've been together a number of years (hopefully no question about genuine relationship), and you from the UK (where security/criminality info sharing is well established and quick). So hopefully you won't have to wait too long, or at least less than the implied eight months.

The twelve month time estimate that IRCC provides for spousal apps basically means that ~80% of apps are done within twelve months - so of course many are done quite a bit more quickly. While it's not directly linked to nationality, C/UK/US/AU/NZ are a lot easier for security and background checks than, say, North Korea, and they share info 'live' electronically on criminal background, too.

You can look at the tracker spreadsheet here to get a sense of how long they take. Median file time is probably 6-8 months.
https://docs.google.com/spreadsheets/d/192sbvjd4vJsEWY_B7w5DgFKBmIPNYo6TjlVWAk-xxxA/edit#gid=646794024

Warning though covid delays probably inevitable now (were very bad in 2020 and IRCC still catching up really) and so all this only a guess. But they are working and getting files done.

 

[charliem]

Thank you both… that’s made things more clear. I really appreciate your responses.

I’ll 100% look for volunteer work as I’d rather help the community than do nothing.

You may be able to do freelance work online for a business outside Canada while you wait. It would be considered foreign income and you can declare it on your annual returns.

 

[Cue_147]

Thank you all.

Just another question if you don’t mind.
Do you think I’m going to get a problem from Canada borders when I go over in April?… I know I’m going to be a visitor for 6 months max but I don’t have a return flight and will be taking some of my possessions (snooker cue/golf clubs etc).
Do I just say my wife is moving back and I’m coming to visit or… wife is coming back and I’m coming over and waiting for my PR and will leave if it doesn’t come in the 6 months.

 

[armoured]

Thank you all.

Just another question if you don’t mind.
Do you think I’m going to get a problem from Canada borders when I go over in April?… I know I’m going to be a visitor for 6 months max but I don’t have a return flight and will be taking some of my possessions (snooker cue/golf clubs etc).
Do I just say my wife is moving back and I’m coming to visit or… wife is coming back and I’m coming over and waiting for my PR and will leave if it doesn’t come in the 6 months.

Who travels without their snooker cue?

If you're coming from UK, just tell the truth, or at least a selected version of it - you're planning to go back but don't know exactly when, flights online are easy. Sure, if PR comes through, you might complete the process in Canada. Yes, your wife has moved back. Vaguely "stuff to do in UK."

BTW once in Canada you can apply to extend your TRV stay - do it a month before the six months just in case. Not that I'm saying that makes sense, but in covid times, nice to know one can limit travel.

 

[SLCtoYEG]

Who travels without their snooker cue?

BAHAHAHA! I know I never do!

 

[MJSPARV]

Thank you all.

Just another question if you don’t mind.
Do you think I’m going to get a problem from Canada borders when I go over in April?… I know I’m going to be a visitor for 6 months max but I don’t have a return flight and will be taking some of my possessions (snooker cue/golf clubs etc).
Do I just say my wife is moving back and I’m coming to visit or… wife is coming back and I’m coming over and waiting for my PR and will leave if it doesn’t come in the 6 months.

The big thing is to make it clear that your spouse is moving and you are VISITING. If they ask how long you're staying and you don't have a return flight, you can say something like "planning on returning around such and such a date (that's within 6 months) but waiting to see where my PR application is to decide exactly when" or something similar or mention an obligation you have back in the UK etc.

Basically you want to be sure it's clear that you know you're a visitor with a 6 month time limit and that you're not trying to hide your pending PR application. CBSA can see you have an application in process. Search "dual intent" here in the family class forum and there's been several people who have shared our experiences doing this.