Work related question for spouse with visitor visa

[emilytea]

I am a Canadian that is presently residing outside of Canada, but as of next summer will be moving back to Canada with my Taiwanese wife and our son. As of yet, we have not sent out the application for my wife's Canadian resident visa. Apparently, there are two ways to apply. One would be outside of Canada, the other would be upon arrival in Canada. At this moment, we are considering applying once we arrive in Canada. I've been told that it takes about a year to receive a work visa when applying inland, and then another year for the resident visa to be processed.

Immediately after arriving in Canada, I am planning to open a restaurant. My question is this: Would my wife be able to help out at the restaurant even though her work visa hasn't been fully processed? Obviously, i could understand that it would be illegal to work under the table for an employer, but seeing that it is my restaurant, would see she legally be allowed to help out with running the restaurant?

 

[PMM]

Hi

I am a Canadian that is presently residing outside of Canada, but as of next summer will be moving back to Canada with my Taiwanese wife and our son. As of yet, we have not sent out the application for my wife's Canadian resident visa. Apparently, there are two ways to apply. One would be outside of Canada, the other would be upon arrival in Canada. At this moment, we are considering applying once we arrive in Canada. I've been told that it takes about a year to receive a work visa when applying inland, and then another year for the resident visa to be processed.

Immediately after arriving in Canada, I am planning to open a restaurant. My question is this: Would my wife be able to help out at the restaurant even though her work visa hasn't been fully processed? Obviously, i could understand that it would be illegal to work under the table for an employer, but seeing that it is my restaurant, would see she legally be allowed to help out with running the restaurant?

1. She can't work in your restaurant without a work permit.
2. Why aren't you starting the sponsorship/application process now? As a Canadian citizen residing abroad, you can sponsor your spouse.

 

[computergeek]

PMM's point is correct - she can't work in your restaurant without a work permit, although there's nothing to prevent you from sponsoring her for a work permit if you so desired. You'd just have to get an LMO.

The downside to applying outland is that the HK office is posting at 17 months, so that means the full cycle could require 19.5 months, although Hong Kong has a significant processing skew, with some applications being completed quickly.

Inland processing time posted now is 7 months for first stage and 8 months for second stage - 15 months.

But if you have 12 months before you'll be ready to return to Canada, it still makes sense to go Outland, because you'd expect to have 4.5 months remaining when you head to Canada (but might be done then) which is still less than the time just to get to AIP (and the open work permit) for the Inland process.

Inland processing times seem to be improving, but even if they improved so they were the same as outland for stage 1, you'd still have a comparable outcome (e.g., 3 months before your wife could obtain that open work permit.)

Good luck!