Trip to Denmark after applying for inland sponsorship with OWP. HELP!

[naye826]

Hi everyone, my name is Naya Choi and I'm a naturalized Canadian citizen and the sponsor of my boyfriend Tobias, a citizen of Denmark.

Please help us get through this nightmare of un-answered questions that are causing so much stress thank you for reading in advance, and thank you for advising us in advance as well! So here is our situation,

Tobias came to Canada on Oct 22, 2017 on a one year working holiday via and we're now almost ready to send off the application for an in-land common-law sponsorship with Open Work Permit app as well. He applied for a "remaining as a visitor in canada visa" about 7 weeks ago, but still haven't heard back from them so as of now, he is on 'implied status'. The problem is that he has a flight booked back to Denmark tomorrow (without a return ticket yet) and we're just so worried that a) he might not be able to come back and b) our inland application will get f**ked up. Our original idea was that he will stay in Denmark until new years, but after reading many posts on this forum, we realized that it's probably not the best idea since the border officer might not believe that we're in common law relationship still. So here are my questions,

1. Can we apply for an inland common law sponsorship while my boyfriend is on 'implied status'? We have attached both of his expired work permit as well as a proof of his implied status with an application number.

2. We're concern that when he re-enter Canada from Denmark with eTA, the application number for his 'implied status' will be cancelled(?) by the time they received our application package and that they will recognize him as our of status.

3. Is it such a BAD IDEA to try to get into Canada after two months of being outside of country? Alternatively, we can come back after three weeks. But the situation gets a bit complicated. I already have a flight booked to visit my family, so it would just be a really expensive ticket for him to come at this point or he has to stay home alone for Christmas...so

4. What should he prepare to show/tell the border officer when he re-enter Canada weather it's after three weeks of two months? Should we tell them that we had applied for an inland sponsorship? Or Should we just tell them he is just visiting Canada?

Thanks again, and have a beautiful day!
Love,
Naya

 

[monkeys89]

You can't apply for inland applications if you're outside of Canada. I'm a little confused - he's leaving tomorrow, but you're going to submit an inland application after he's left?

As for the travel, I would not apply for an inland application and then spend two months out of Canada. It's asking for a rejection due to not being in Canada.

When attempting to re-enter, don't lie - if you are asked about sponsorship, then you have to say something. But if you're not asked, I also wouldn't volunteer information. You could always try the dual intent application.

 

[scylla]

Hi everyone, my name is Naya Choi and I'm a naturalized Canadian citizen and the sponsor of my boyfriend Tobias, a citizen of Denmark.

Please help us get through this nightmare of un-answered questions that are causing so much stress thank you for reading in advance, and thank you for advising us in advance as well! So here is our situation,

Tobias came to Canada on Oct 22, 2017 on a one year working holiday via and we're now almost ready to send off the application for an in-land common-law sponsorship with Open Work Permit app as well. He applied for a "remaining as a worker in canada visa" about 7 weeks ago, but still haven't heard back from them so as of now, he is on 'implied status'. The problem is that he has a flight booked back to Denmark tomorrow (without a return ticket yet) and we're just so worried that a) he might not be able to come back and b) our inland application will get f**ked up. Our original idea was that he will stay in Denmark until new years, but after reading many posts on this forum, we realized that it's probably not the best idea since the border officer might not believe that we're in common law relationship still. So here are my questions,

1. Can we apply for an inland common law sponsorship while my boyfriend is on 'implied status'? We have attached both of his expired work permit as well as a proof of his implied status with an application number.

2. We're concern that when he re-enter Canada from Denmark with eTA, the application number for his 'implied status' will be cancelled(?) by the time they received our application package and that they will recognize him as our of status.

3. Is it such a BAD IDEA to try to get into Canada after two months of being outside of country? Alternatively, we can come back after three weeks. But the situation gets a bit complicated. I already have a flight booked to visit my family, so it would just be a really expensive ticket for him to come at this point or he has to stay home alone for Christmas...so

4. What should he prepare to show/tell the border officer when he re-enter Canada weather it's after three weeks of two months? Should we tell them that we had applied for an inland sponsorship? Or Should we just tell them he is just visiting Canada?

Thanks again, and have a beautiful day!
Love,
Naya

Wait until you're back in Canada after the trip and then apply.

It sounds like he applied to extend his work permit. You can't do that with a working holiday visa - so the extension is going to be refused and then he'll end up without status in Canada effective the date his WHV expired. That will mean the inland application will have been submitted while he was out of status in Canada which means he won't qualify for the open work permit pilot and will have to wait until AIP before the OWP will be issued.

Again, wait until you are back from your trip to submit the inland application.

 

[monkeys89]

Agreed with @scylla

 

[naye826]

You can't apply for inland applications if you're outside of Canada. I'm a little confused - he's leaving tomorrow, but you're going to submit an inland application after he's left?

As for the travel, I would not apply for an inland application and then spend two months out of Canada. It's asking for a rejection due to not being in Canada.

When attempting to re-enter, don't lie - if you are asked about sponsorship, then you have to say something. But if you're not asked, I also wouldn't volunteer information. You could always try the dual intent application.

We're ready to send off the application now if that's something we can do, but honestly, we thought we could apply few days after he left and that should be no problem since a) they won't know that he left Canada and b) they won't be receiving and processing the application for the next few weeks anyways. Are we terribly wrong? Thank you for your advise.

 

[naye826]

Wait until you're back in Canada after the trip and then apply.

It sounds like he applied to extend his work permit. You can't do that with a working holiday visa - so the extension is going to be refused and then he'll end up without status in Canada effective the date his WHV expired. That will mean the inland application will have been submitted while he was out of status in Canada which means he won't qualify for the open work permit pilot and will have to wait until AIP before the OWP will be issued.

Again, wait until you are back from your trip to submit the inland application.

Sorry, that was my mistake for causing the confusion. He applied for "remain the status as a visitor" and a worker.. (I have fixed now). We just did not want to wait another two month, because I am a student with only a part-time job and we cannot afford to do that.. Do you have any other suggestion in this case? Thank you for answering!

 

[marpou]

1. Can we apply for an inland common law sponsorship while my boyfriend is on 'implied status'? We have attached both of his expired work permit as well as a proof of his implied status with an application number.

2. We're concern that when he re-enter Canada from Denmark with eTA, the application number for his 'implied status' will be cancelled(?) by the time they received our application package and that they will recognize him as our of status.

3. Is it such a BAD IDEA to try to get into Canada after two months of being outside of country? Alternatively, we can come back after three weeks. But the situation gets a bit complicated. I already have a flight booked to visit my family, so it would just be a really expensive ticket for him to come at this point or he has to stay home alone for Christmas...so

4. What should he prepare to show/tell the border officer when he re-enter Canada weather it's after three weeks of two months? Should we tell them that we had applied for an inland sponsorship? Or Should we just tell them he is just visiting Canada?

First of all, Working Holiday visas for Danish citizens are not eligible for an extension. I am a Danish citizen myself and have been in Canada under the Working Holiday visa, where I also applied for an extension. Don’t bother - I waited about 4-5 months for them to only extend it for another month. In the meantime I did also find out I actually wasn’t eligible for an extension at all, but oh well. Such is life when you get mixed information from the CIC call centre.

Anyways, since you two are common-law and not actually married, your situation is a little tricky. My initial thought is for you to apply Outland as that is both faster and does not actually require you two to live together, so all the traveling wouldn’t be an issue. However, for you to meet the common-law requirements and not raise several red flags for CIC, living in seperate countries might be an issue. Is the plan for both of you to live in Canada together from January on? Because if so, then you could just apply inland once you know you will be living living together at the same address without any major trips back home.

As a Danish Citizen you can stay in Canada for 6 months without anything other than your passport and ETA. You could apply for inland sponsorship together with and Open Work Permit application, but be prepared that until the OPW gets approved, your partner would not be able to work. From the day you apply it takes anywhere from 3-6 months for the OWP to get accepted.

 

[monkeys89]

We're ready to send off the application now if that's something we can do, but honestly, we thought we could apply few days after he left and that should be no problem since a) they won't know that he left Canada and b) they won't be receiving and processing the application for the next few weeks anyways. Are we terribly wrong? Thank you for your advise.

You are misrepresenting yourself if you apply as an in-Canada applicant when the applicant is outside of Canada. Do not do this. You're talking about two months wait, or a potentially illegal misrepresentation that could bar you from sponsoring him for some time.

While Canada does not have exit immigration, we do have data-sharing agreements on immigration matters with many other countries, and with private companies such as airlines. It is entirely possible that a record of him leaving the country after applying would find its way back to Canada. Part of the background check is undoubtedly a verification of records with country of origin, and there is where you may find that Denmark has a record of his entry being before the in-Canada application was sent.

You're drawing a really bad plan. Do not assume that "they won't know anything" because it's entirely possible that they will, and you're being awfully cavalier about lying on a form that you're submitting to try to get someone you love permanent residence.

 

[monkeys89]

Like seriously, for an inland application, you have to put "Canada" as country of residence, and you would be submitting that after he's left Canada for an indeterminate period. That is the textbook definition of misrepresentation, never mind the fact that to be eligible for the in-Canada class of applications, you kind of have to be in Canada.

 

[kcward7]

Being inside Canada is a pretty straightforward requirement of the in Canada class.

 

[scylla]

Given how long you plan to be outside of Canada, I would still apply once you are back in Canada after your visit.

 

[zardoz]

Hi everyone, my name is Naya Choi and I'm a naturalized Canadian citizen and the sponsor of my boyfriend Tobias, a citizen of Denmark.

Please help us get through this nightmare of un-answered questions that are causing so much stress thank you for reading in advance, and thank you for advising us in advance as well! So here is our situation,

Tobias came to Canada on Oct 22, 2017 on a one year working holiday via and we're now almost ready to send off the application for an in-land common-law sponsorship with Open Work Permit app as well. He applied for a "remaining as a visitor in canada visa" about 7 weeks ago, but still haven't heard back from them so as of now, he is on 'implied status'. The problem is that he has a flight booked back to Denmark tomorrow (without a return ticket yet) and we're just so worried that a) he might not be able to come back and b) our inland application will get f**ked up. Our original idea was that he will stay in Denmark until new years, but after reading many posts on this forum, we realized that it's probably not the best idea since the border officer might not believe that we're in common law relationship still. So here are my questions,

1. Can we apply for an inland common law sponsorship while my boyfriend is on 'implied status'? We have attached both of his expired work permit as well as a proof of his implied status with an application number.

2. We're concern that when he re-enter Canada from Denmark with eTA, the application number for his 'implied status' will be cancelled(?) by the time they received our application package and that they will recognize him as our of status.

3. Is it such a BAD IDEA to try to get into Canada after two months of being outside of country? Alternatively, we can come back after three weeks. But the situation gets a bit complicated. I already have a flight booked to visit my family, so it would just be a really expensive ticket for him to come at this point or he has to stay home alone for Christmas...so

4. What should he prepare to show/tell the border officer when he re-enter Canada weather it's after three weeks of two months? Should we tell them that we had applied for an inland sponsorship? Or Should we just tell them he is just visiting Canada?

Thanks again, and have a beautiful day!
Love,
Naya

FYI, "implied status" ceases the moment that he leaves Canada.

 

[naye826]

First of all, Working Holiday visas for Danish citizens are not eligible for an extension. I am a Danish citizen myself and have been in Canada under the Working Holiday visa, where I also applied for an extension. Don’t bother - I waited about 4-5 months for them to only extend it for another month. In the meantime I did also find out I actually wasn’t eligible for an extension at all, but oh well. Such is life when you get mixed information from the CIC call centre.

Anyways, since you two are common-law and not actually married, your situation is a little tricky. My initial thought is for you to apply Outland as that is both faster and does not actually require you two to live together, so all the traveling wouldn’t be an issue. However, for you to meet the common-law requirements and not raise several red flags for CIC, living in seperate countries might be an issue. Is the plan for both of you to live in Canada together from January on? Because if so, then you could just apply inland once you know you will be living living together at the same address without any major trips back home.

As a Danish Citizen you can stay in Canada for 6 months without anything other than your passport and ETA. You could apply for inland sponsorship together with and Open Work Permit application, but be prepared that until the OPW gets approved, your partner would not be able to work. From the day you apply it takes anywhere from 3-6 months for the OWP to get accepted.

OK. We understand the risk involved in sending off the application before or during the time my boyfriend is away from Canada and we are certain now that that's not a risk we want to take. So now, we just have to choose between applying once he's back or take the outland route. Do you know by chance how long an outland is expected to take during this time for a Danish citizen? We understand that the website states 12 months but then you hear about people can expect 4-5 months these days.

Also, our understanding is that an OPW is easily obtained if you meet all the requirements while sponsorship applications might be more tricky. And at least we want to make sure he is here for at least 1-2 more years with an OPW. We do not want to risk our chance and apply outland and have nothing at the end of all that waiting.

Thank you so much for your help.

 

[zardoz]

OK. We understand the risk involved in sending off the application before or during the time my boyfriend is away from Canada and we are certain now that that's not a risk we want to take. So now, we just have to choose between applying once he's back or take the outland route. Do you know by chance how long an outland is expected to take during this time for a Danish citizen? We understand that the website states 12 months but then you hear about people can expect 4-5 months these days.

Also, our understanding is that an OPW is easily obtained if you meet all the requirements while sponsorship applications might be more tricky. And at least we want to make sure he is here for at least 1-2 more years with an OPW. We do not want to risk our chance and apply outland and have nothing at the end of all that waiting.

Thank you so much for your help.

"an OPW is easily obtained if you meet all the requirements", however it's quite difficult to meet the requirements. What would make him eligible?

 

[naye826]

You are misrepresenting yourself if you apply as an in-Canada applicant when the applicant is outside of Canada. Do not do this. You're talking about two months wait, or a potentially illegal misrepresentation that could bar you from sponsoring him for some time.

While Canada does not have exit immigration, we do have data-sharing agreements on immigration matters with many other countries, and with private companies such as airlines. It is entirely possible that a record of him leaving the country after applying would find its way back to Canada. Part of the background check is undoubtedly a verification of records with country of origin, and there is where you may find that Denmark has a record of his entry being before the in-Canada application was sent.

You're drawing a really bad plan. Do not assume that "they won't know anything" because it's entirely possible that they will, and you're being awfully cavalier about lying on a form that you're submitting to try to get someone you love permanent residence.

Thank you for your response. We are now very clear that we do not want to misrepresent. So, the requirement for common law sponsorship is to live together consecutively for one full year and that it is okay to live apart after that and still be able to apply once we live together again. Should that be a problem if that is a longer period of time, say 2 months?

Good to know about the data-sharing agreement as well. We better have clear lines.