URGENT Spouse PR / OWP / Legal Status help needed

[Jaden3]

PLEASE help (URGENTLY) if you can...

FACTS:
- I'm British, wife Canadian, 2 children, 1 due May 2016
- wife just finished work, I need OWP asap
- separation not an option!

PROBLEM:
- was wrongly advised to extend visit at end of 6 months (should have applied for PR / OWP instead)
- awaiting extension outcome March-April
- couldn't show "ties" back home, WORRIED it will be refused

SOLUTIONS?:
- if I cancel pending application, can I apply for PR & OWP without legal status (almost 3 months)?
- can I apply for PR & OWP whilst under "implied status" from pending application?
- I know it's possible to apply for PR as spouse without legal status, but what about the OWP?

One more thing... we have until end of March to return to UK to salvage wife's UK visa if no solution can be found here.

THANK YOU in advance!
Jaden

 

[Ponga]

You're much better off submitting an Outland application. Even though you wouldn't qualify for an OWP, you would likely complete the entire process in ~ 6-8 months.

Check the Outland UK thread to see realistic times for recent applicants:
http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.20505.html

An Inland application, even with the lure of the OWP (carrot on the end of a stick) is NOT WORTH THE 2-1/2 YEAR WAIT! This is an even bigger mistake, if you have lost your status because you wouldn't even qualify for an OWP for ~ 17 months.

 

[Ponga]

Another important reason for you to at least consider an Outland application, is that you can travel back to the UK with your wife to address whatever is needed to maintain her UK visa. An Inland application requires the person to, in essence, live in Canada and are cautioned NOT to leave Canada for fear of being denied re-entry.

Also, are you aware that once you get your PR, you and your wife (sponsor) can live abroad and the days spent there will still count towards the 730 days (out of 5 years) that are required for you to meet your PR Residency Obligation? Pretty generous on Canada's part, IMO.

 

[Jaden3]

THANKS Ponga!

So I do need legal status to apply for OWP and I can't apply for PR/OWP during "implied status"?

In hindsight, the outland route looks more promising. Then again, if we had applied for PR/OWP before my 6-month visit expired (instead of applying for an extension, as wrongly advised by our local MP's office), the OWP application would have given me implied status and the OWP would probably be in the post as I type.

If we return to the UK, we will have to wait a least 6-12 months before trying the outland route as we will need to renew (or make permanent) her UK visa in June first. I've read that you can apply for PR outside Canada if the Canadian spouse can prove their intention to return to and live in Canada - but how can they prove this, other than having a job to go to and a future employer happy to wait while the application is being processed (CIC says longer than 6-8 months)?

The CIC website is down (again!) so I appreciate your help =)

 

[canuck_in_uk]

So I do need legal status to apply for OWP and I can't apply for PR/OWP during "implied status"?

In hindsight, the outland route looks more promising. Then again, if we had applied for PR/OWP before my 6-month visit expired (instead of applying for an extension, as wrongly advised by our local MP's office), the OWP application would have given me implied status and the OWP would probably be in the post as I type.

If we return to the UK, we will have to wait a least 6-12 months before trying the outland route as we will need to renew (or make permanent) her UK visa in June first. I've read that you can apply for PR outside Canada if the Canadian spouse can prove their intention to return to and live in Canada - but how can they prove this, other than having a job to go to and a future employer happy to wait while the application is being processed (CIC says longer than 6-8 months)?

Implied Status is legal status and you can apply for the OWP with it. However, as said above outland is by far the better option.

As they say, hindsight is 20/20. Had you applied outland before you came to Canada, you probably would have been a PR by now.

There is no need to wait to renew her status in the UK to apply outland. For proof of intent to return, there are other things you can use. I submitted letters from family/friends and bank/credit card statements showing I maintained my finances in Canada, along with a concrete plan of how we were going to establish ourselves.