Spousal Sponsorship - looking for clarity!

[David112233]

Hi Everyone,

I'm hoping for some clarity on my situation. I am an Australian married to a Canadian. We were married in June on this year in Canada and have been residing together in Costa Rica (setting up a business). Previous to that I have lived in Canada on 3 successive WHP visas over 6 years since 2008.

We wish to return to Canada next month and apply for inland spousal sponsorship. I will be entering on a visitor visa as my previous WHP is expired.

1) It is my understanding that I can apply to extend my visitor visa so I can stay in the country while the spousal/residency applications are been processed. Is this correct?

2) Can/should i send the visitor visa extension with my inland application?

3) Can I apply for a temporary work permit while I reside in canada awaiting initial spousal approval? I understand once my spouse is approved I can apply for an open work permit but this process seems to take 11 or so months.

4) Can I enter Canada, with my wife, on a one way ticket and explain to the port authority that I intend to stay in Canada, supported by my wife, while my application is been processed? Or should I say nothing and enter with a return ticket out of the country and just extend the visitor visa when entered and the spouse application is sent.

Any help would be most appreciated. Please advise if I posted this in the wrong thread. Thank you.

 

[Rob_TO]

There is practically zero reason for a visa-exempt applicant to ever apply inland. Apply outland through the Sydney office as it will be much quicker. You will most likely get full PR in less time than it takes to get just stage 1 approval of inland.

While the app is processing you can just stay in Canada as a visitor. Usually you get 6 months status when you enter, and can always apply to extend that later.

 

[David112233]

Thank you for your response.

It's my understanding that if I apply Outland through the Visa office in Sydney that the process will take a shorter amount of time but will I be able to stay in canada throughout this process? I figured that if I apply inland and remain in canada on a extended visitor visa and not work till my wife is approved then I get to stay with my wife. If I get called in for an interview in Sydney i would have to be there.

Can i apply Outland and have the documents processed somewhere other than Sydney? Im just looking for the best possible way of moving forward so that I can legally stay with my wife, in Canada, while the process takes its course. We are flying into canada in less than a month. Obviously, the sooner I can legally work the better.

Thank you in advance.

 

[Rob_TO]

If you process through Sydney office, your app would be done in Sydney and not any other visa office.

You can easily stay here as a visitor during the time your app is processing in Sydney. Countless people have done this.

Yes if interview is required you would have to fly to Sydney to attend. Though unless you have some serious issues that would cause a visa officer to doubt your relationship, the chance of needing an interview is practically zero.