Working Holiday Visa to Permanent Spouse Visa - questions

[jesswyn]

Hi there! I had a couple questions/concerns about my current plan here.

So I married my husband in australia (hes canadian) and then went to canada for 2 years on a work holiday program working for his mothers childcare center. In a couple months it will be time for me to fly back to australia and im already in the proccess of applying for my second work holiday visa so i can come straight back and continue working for them. This time though i would like to apply as well for a inland spouse visa for permanent residency, and i hear it can take a little over 2 years to process. When my 2nd work holiday visa expires and this application has been sent in, am I able to stay in canada as a visitor while my spouse application is proccessing so long as I am not working? They dont mind finding a replacement for me at the daycare for as long as I need.

This is what a person on the phone from immigration canada suggested we do, but i worry about staying here after my work visa is expired. Will i have to go into an immigration office and tell them its expired and to give me a tourist visa? or does it just happen automatically? Do i have to re-enter the country to get my visa changed to visitor? I dont want to get in trouble

Thanks to anyone who can help me with this

 

[jesswyn]

oh and Am I even allowed to apply for a spouse visa while I am on a work visa?

 

[AnaMaria]

You can apply for a PR while you are on work permit. If you send in PR and OWP application inland before your permit is expired, you will be given implied status after your current permit is expired until the decision is made. You can stay, but in your case you can stay but not work during implied status until you receive OWP.

Just wonder why you wanted to apply inland? You can apply outland even while you are in Canada. If you are from Australia, Sydney VO is quick and you will likely become PR a lot sooner than inland. If you apply inland, you are not supposed to travel outside of Canada even if you have a valid visa and permit. You don't have to wait to apply till you come back as long as you have necessary documents if you apply outland.

If your VO is fast and you are from visa-exempt country, I usually don't see any reason not to apply outland.

 

[jesswyn]

I guess I just don't want to be away from my husband at all, if my visa expires and ive applied outland, wouldnt that mean I dont recieve the "stay but not work" thing? and if we get called to an interview in australia id have to fly my husband out there and we will both already be in canada so it seemed like more money. If they call you for interview do you have to go to syndney or would they find a place in melbourne for us? Maybe I should apply outland. So with outland we are able to travel but inland we both have to stay in canada? Im sorry if i seem unintelligent this is a difficult process for us to understand

 

[Sweden]

I agree with the previous post - it would be much much faster to apply outland, especially with Sydney.

If you apply now, you could be done in 6 months. If you apply outland, you can stay in Canada and work until your work permit is valid. Then - once the work permit expires and if your PR is not issued by then, you can change your status to a visitor. You can't work, and in most provinces (except for BC and Alberta), you won't have access to healthcare, but you would be allowed to be here.

If you do get called for an interview, you would have to go to Sydney (you, not your husband), but in your case, it's unlikely. Interviews are held when the VO has a doubt whether you are in a genuine relationship. If you've been married for a while, living in Canada with your husband, and are from Australia, it's very very very unlikely that they will call you for an interview (unless you have lots of red flags, btu I don't see any for now).

And yes - if you apply outland, you can be in Canada, but travel outside of Canada if needed, it doesn't affect your application ( travel for holidays, family emergency, work etc). If you apply inland, you HAVE to stay in Canada for the duration of the application (14 months as it is now). and since you are from a visa-exempt country, there is really no reason for you to apply inland.

If you're not done with the first holiday visa, and you have the possibility to apply for a second one, you'll have your PR way before you are done with the second holidays visa. OUtland is faster than inland, and Sydney is one of the fastest VO. What you need to do is: work on the paperwork, file your application, and wait, while you continue being in Canada and work on your current work permit.

Good luck,
Sweden

 

[jesswyn]

I have another question: on the guide to the spouse visa forms it says all family members need a medical even if they are not coming to canada, does that mean my mother and father and sisters and brothers need medcials done in australia for my application? even if they are never going to canada? It seems a bit rediculas to me but i dont understand what else it could mean...


"The person you want to sponsor should not quit their job or sell their assets until they have received their permanent resident visa. All family members, whether or accompanying or not, will have to complete a medical examination."

 

[jesswyn]

I agree with the previous post - it would be much much faster to apply outland, especially with Sydney.

If you apply now, you could be done in 6 months. If you apply outland, you can stay in Canada and work until your work permit is valid. Then - once the work permit expires and if your PR is not issued by then, you can change your status to a visitor. You can't work, and in most provinces (except for BC and Alberta), you won't have access to healthcare, but you would be allowed to be here.

If you do get called for an interview, you would have to go to Sydney (you, not your husband), but in your case, it's unlikely. Interviews are held when the VO has a doubt whether you are in a genuine relationship. If you've been married for a while, living in Canada with your husband, and are from Australia, it's very very very unlikely that they will call you for an interview (unless you have lots of red flags, btu I don't see any for now).

And yes - if you apply outland, you can be in Canada, but travel outside of Canada if needed, it doesn't affect your application ( travel for holidays, family emergency, work etc). If you apply inland, you HAVE to stay in Canada for the duration of the application (14 months as it is now). and since you are from a visa-exempt country, there is really no reason for you to apply inland.

If you're not done with the first holiday visa, and you have the possibility to apply for a second one, you'll have your PR way before you are done with the second holidays visa. OUtland is faster than inland, and Sydney is one of the fastest VO. What you need to do is: work on the paperwork, file your application, and wait, while you continue being in Canada and work on your current work permit.

Good luck,
Sweden

thankyou so much for the information! you guys have probly changed our lives, i coulda made a big mistake applying for the other visa!
Its just the following comment I dont understand now:

"The person you want to sponsor should not quit their job or sell their assets until they have received their permanent resident visa. All family members, whether or accompanying or not, will have to complete a medical examination."

Does that mean my family like my mum and dad and sisters and little brother all need medical examinations for me to go to Canada? even if they are not coming? That would be so much money and it seems illogical... please tell me im misunderstanding this!

 

[amikety]

I have another question: on the guide to the spouse visa forms it says all family members need a medical even if they are not coming to canada, does that mean my mother and father and sisters and brothers need medcials done in australia for my application? even if they are never going to canada? It seems a bit rediculas to me but i dont understand what else it could mean...


"The person you want to sponsor should not quit their job or sell their assets until they have received their permanent resident visa. All family members, whether or accompanying or not, will have to complete a medical examination."

.

For these purposes, 'family' means you, your spouse/partner, and dependant children (that aren't already Canadian). So if you're married to a Canadian with no kids, then it's just you.

CIC's definitions sometimes a lil different than the rest of ours.

BTW, don't worry about potentially staying as a visitor. I've been a "visitor" since July 2011 and have a valid visitor record until Feb 2014. If you get to the point where you need a visitor's record (it's kinda like a visitors visa, but for visa exempt countries) then come back and we'll help you with that. They're pretty easy to get if you do it right.

 

[jesswyn]

I have another question: when filling out the forms it asks for my residential address, i currently live in canada on my work visa, do i put this as my residential address because im living here for 2 years? If they see my residential address as inside canada when im applying for a outside spouse visa, wont they deny me? Do i put an australian address(my mothers house)?

 

[amikety]

I'm a visitor and used my Canadian address. Canada already knows you're here. It's fine. I assume you're living with your spouse so you should have the same residence!