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URGENT - Spousal Sponsorship question

meskal1

Member
Sep 2, 2012
13
0
Toronto
Category........
Visa Office......
CPC Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
03-10-2016
I am less than 2 weeks away from my NAFTA permit expiring (been here 7 years) but I got married to a Canadian citizen 2 years ago. I just completed all necessary applications for PR via inland spousal sponsorship, including the OWP application and I am ready to send it in.

Question is: how do I keep my legal status to work, given that I don't have enough time to get the OWP back and I can't renew my current NAFTA permit online this close to the expiry date?

My gut feeling answer: Send in the PR by tomorrow, get proof of delivery. Take a photocopy of all application materials and proof of delivery down to the border days before my NAFTA permit expires, and try to renew at the border, showing them that I have submitted my PR. Doing it this way, I assume I should not submit the OWP application since I will be going to renew my NAFTA permit.

Any thoughts or advice on this would be greatly appreciated, thanks!
 

Ponga

VIP Member
Oct 22, 2013
10,416
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Hmmm...this is slightly different than the other questions regarding extending an existing WP (mostly PGWP).

Including the OWP with the Inland application (same envelope) is what gives a person Implied Status to legally remain in Canada (as a visitor) while awaiting the PR to process. Can your NAFTA WP be extended at all (even if it's too late to do so online)? If it CAN, the OWP may in fact allow you to continue working since the OWP is, in essence, an extension of a previous WP, as long as that permit is extendable. Make sure to pay the correct amount of $255 for the OWP ($155 + $100 Holder Fee).


If your current WP is NOT extendable, I suspect that you will not be able to continue working. Once the OWP arrives (~ 4 months, maybe less) you could work again. If this is the case, perhaps an Outland application (submitted from within Canada) would be faster.


Stay tuned for more replies...hopefully.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
meskal1 said:
I am less than 2 weeks away from my NAFTA permit expiring (been here 7 years) but I got married to a Canadian citizen 2 years ago. I just completed all necessary applications for PR via inland spousal sponsorship, including the OWP application and I am ready to send it in.

Question is: how do I keep my legal status to work, given that I don't have enough time to get the OWP back and I can't renew my current NAFTA permit online this close to the expiry date?

My gut feeling answer: Send in the PR by tomorrow, get proof of delivery. Take a photocopy of all application materials and proof of delivery down to the border days before my NAFTA permit expires, and try to renew at the border, showing them that I have submitted my PR. Doing it this way, I assume I should not submit the OWP application since I will be going to renew my NAFTA permit.
Americans applying outland are getting PR in about 6 months right now, many within just a few months. You should really consider switching from inland.

I don't know why you think you can't apply online to extend your work permit. Though IRCC recommends applying 30 days ahead of time, a person can apply for an extension up until their current permit expires. Provided you meet the NAFTA requirements (which as far as I recall, is a valid job offer and proof of your qualifications), there should be no issue in continuing to extend your work permit while you wait for the outland PR app to process.
 

meskal1

Member
Sep 2, 2012
13
0
Toronto
Category........
Visa Office......
CPC Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
03-10-2016
Just a quick update:

Thanks to advice I received here, I decided to:

- FINALLY submit my PR application, (inland, spousal sponsorship) along with the OWP application
- Apply to renew my NAFTA permit online (instead of in-person at the border).

I did this all before my old NAFTA permit expired and I'm still here in Canada legally working so I guess it is a small victory. Thanks to all of you who responded to my call for advice.

One thing I wanted to share: A local fingerprinting agency was able to get my FBI clearance letter for me in less than 24 hours! This all worked out, now it's the waiting game. In the meantime I have been advised not to travel outside of Canada until I get an "approval in principle" for my PR, so looks like a long winter with no travel this year:)