A bit confused... Immigration for a spouse already in Canada on a work visa?

[Dan_from_Surrey]

Howdy Everyone,

  First post to the forums, so hello everyone! There is a lot of info on the boards here, enough to numb the mind after a while of pouring over it.

  So a question, I have a fiancé, here from the Philipenes, working in Calgary on a work visa/lmo. We are still waiting to see if the LMO will be renewed (employer seems in no rush to get things done) my question(s) if she doesn't get renewed we plan to get married before the Visa/Permit expire. If we do this, does she still have to return back to the PhiliPenes, and I start the paperwork from back here?

  Secondly, assuming her employer actually gets the paper work done, and we go ahead and get married, does she still need to go back home? Ie: exit Canada, and come back, after the paperwork is processed?

  May seem like basic questions to some of the more experienced forum posters here, but I am a newbie to all this, and really haven't found the government of Canada immigration web site of much use for info for us.

  All replies are greatly appreciated. I am sure I will have more questions as things, move along.

  Thanks Kindly
   Dan

[fprince]

Howdy Everyone,

  First post to the forums, so hello everyone! There is a lot of info on the boards here, enough to numb the mind after a while of pouring over it.

  So a question, I have a fiancé, here from the Philipenes, working in Calgary on a work visa/lmo. We are still waiting to see if the LMO will be renewed (employer seems in no rush to get things done) my question(s) if she doesn't get renewed we plan to get married before the Visa/Permit expire. If we do this, does she still have to return back to the PhiliPenes, and I start the paperwork from back here?

  Secondly, assuming her employer actually gets the paper work done, and we go ahead and get married, does she still need to go back home? Ie: exit Canada, and come back, after the paperwork is processed?

  May seem like basic questions to some of the more experienced forum posters here, but I am a newbie to all this, and really haven't found the government of Canada immigration web site of much use for info for us.

  All replies are greatly appreciated. I am sure I will have more questions as things, move along.

  Thanks Kindly
   Dan

Hi Dan,
As far as i have read and know so far..

We are still waiting to see if the LMO will be renewed (employer seems in no rush to get things done) my question(s) if she doesn't get renewed we plan to get married before the Visa/Permit expire. If we do this, does she still have to return back to the PhiliPenes, and I start the paperwork from back here? -
YES..she has to return if she does not have a WP/visa to stay here and you will apply from here, and her PR should be processed in Manila.

Secondly, assuming her employer actually gets the paper work done, and we go ahead and get married, does she still need to go back home? Ie: exit Canada, and come back, after the paperwork is processed?
NO, she can work here and you will apply Inland.

Hope it helps, others may have a different take on it.

Good LUCK.

[TheHal]

Uneducated here, but DON'T file INLAND... it take a LONG LONG time.

I am the 'sponsored person' in our case, and I am the one on the work permit. I have applied Outland.

Supposed to be less time than Inland for sure. You do NOT need to apply the INLAND route.

Cheers
Viking

[rjessome]

Howdy Everyone,

  First post to the forums, so hello everyone! There is a lot of info on the boards here, enough to numb the mind after a while of pouring over it.

  So a question, I have a fiancé, here from the Philipenes, working in Calgary on a work visa/lmo. We are still waiting to see if the LMO will be renewed (employer seems in no rush to get things done) my question(s) if she doesn't get renewed we plan to get married before the Visa/Permit expire. If we do this, does she still have to return back to the PhiliPenes, and I start the paperwork from back here?

  Secondly, assuming her employer actually gets the paper work done, and we go ahead and get married, does she still need to go back home? Ie: exit Canada, and come back, after the paperwork is processed?

  May seem like basic questions to some of the more experienced forum posters here, but I am a newbie to all this, and really haven't found the government of Canada immigration web site of much use for info for us.

  All replies are greatly appreciated. I am sure I will have more questions as things, move along.

  Thanks Kindly
   Dan

There is a lot of information on these forums so read, read, read.

1.  If she does not get the LMO and WP extended, she could apply for a Change of Conditions from worker to visitor to be able to stay with you in Canada after you get married.  Showing proof of the marriage as well as proof of the application to sponsor her would assist in getting a visitor permit.  If she gets the LMO and WP extension, no she doesn't need to go home.

2.  As she probably received an initial WP and TRV valid for at least a year, she could also choose Buffalo as her processing office for the PR application if you get married and apply to sponsor her.

[pinklady]

Yep, even if she is in Canada with you, you can still apply outland which is much faster than the inland route. Don't apply inland!
Good luck!

[kelKel]

I guess the only downside for Buffalo processing is that she would require a visa to enter the States in the case an interveiw was required.  So Manila may be the better route just in case.

[Kaycee1]

The other thing with Buffalo is it has to be a FULL year work visa - my husband has been here on 2 year long visas and both were a year minus one day (Aug 13-Aug 12) so even if you ask for Buffalo it may not go there.

[rjessome]

The other thing with Buffalo is it has to be a FULL year work visa - my husband has been here on 2 year long visas and both were a year minus one day (Aug 13-Aug 12) so even if you ask for Buffalo it may not go there.

That IS one year. 365 days.  They count the day you received the WP and the day it expires.  You would have been eligible for processing through Buffalo.

[blestcheche]

we are on the same boat. i am a filipina here in canada under the temporary work permit which will actually expire in november of this year. Since my visa is expiring and I resigned from my job, my bf (a canadian citizen) and i decided to get married in order to get my papers done. We will be submitting our papers next month.

  So a question, I have a fiancé, here from the Philipenes, working in Calgary on a work visa/lmo. We are still waiting to see if the LMO will be renewed (employer seems in no rush to get things done) my question(s) if she doesn't get renewed we plan to get married before the Visa/Permit expire. If we do this, does she still have to return back to the PhiliPenes, and I start the paperwork from back here?
You can get married before the visa expires and process the paper here. If you will apply inland it will take about 9 months to get the initial approval and the open work permit and another 9 months for the permanent residency. For as long as you submit the sponsorship 30 days before the work visa expires she will get an implied status. Meaning, even if the visa expires she still has legal status. The process is very long though.

Your second choice is to apply outland (which i will be doing). Meaning the application will be processed in Manila with a processing time of 9 months (but some get their permanent residency within 3 to 6 months). However, you have to do this before her work visa expires or she will lose status. Since my visa will expire in November 2011, we will be submitting my papers in May 2011 hence, giving me 6 months maximum to get the result and still get legal status here. You know what I mean? Just enough time. Hoping to get my permanent residency in 6 months time. Just in time for the expiration of my visa.

You do not have to worry about losing legal status though. Once you submitted your application and you think that the expiration of the work visa is nearing, you can apply for a visitor status (which I will be doing) 30 DAYS before the work visa expiration. Apply for a visitor status via paper and not online. DO NOT DO ONLINE because it will only take 55 days for processing while the paper application will take 4 1/2 months. and she does not have to leave canada while waiting for the result of the visitor status application.  So let's take it from my situation. My visa is expiring in November 2011, right? Ill submit my permanent residency application in May 2011. If by September 2011 I still have not heard from the Manila Canadian Embassy, I will file my visitor status application. Since it will take about 4 1.2 months (as of this day), it will make me stay legally in Canada up until January 2012. Hopefully by then, I'll get the result already.

This is a bit risky and tricky. You have to calculate your timeline and make sure to update your self with the processing times. 4 1/2 months for visitor status could be changed. It could be cut shorter or longer. The only need a photocopy of the passport when applying for visitor status.

  Secondly, assuming her employer actually gets the paper work done, and we go ahead and get married, does she still need to go back home? Ie: exit Canada, and come back, after the paperwork is processed?

No. Make sure that the paper work is done before the expiration of the visa to avoid confusion

  May seem like basic questions to some of the more experienced forum posters here, but I am a newbie to all this, and really haven't found the government of Canada immigration web site of much use for info for us.

  All replies are greatly appreciated. I am sure I will have more questions as things, move along.

  Thanks Kindly
   Dan

[Kaycee1]

That IS one year. 365 days.  They count the day you received the WP and the day it expires.  You would have been eligible for processing through Buffalo.

Hmm, we were told that didn't count as a full year! Oh well. The other thing in our case was my husband has a non-accompanying daughter who lives in Portugal, so we thought it would be better to go through Paris anyway. Hopefully it will be fairly quick!!

[Dan_from_Surrey]

Thanks to everyone for their replies! greatly appreciate the insight!! After talking we have decided the best course of action for us, will probably be fore her to head back to the Phil's, and have me submit the paper work from here.

This will give her a chance to re-connect with her three year old, and a chance to spend some time with family and such as well after a year away, before coming back to Canada.

So we still plan to get married, and then I will apply for her and the little one to come back.

So with that said, I know I will be spending far more time on these forums now, it won't be long, as we will be doing our own count down of how many days have passed since the process started. Not looking forward to being separated, neither of us is, but hopefully it won't be a long drawn out process, and we will dot all our T's and cross all our I's properly 

 Thanks Again to everyone who replied!