Spousal Sponsorship near the end of IEC - Guidance needed for when to do what for minimal hassle!

[TheUltimateLurker]

Hello,

I am a long time lurker (Canadian Citizen), hence the username. Let me try and keep this short and sweet, as I'm sure these are hard to read if I get too confusing.

- My partner (Japanese National) is currently in Canada on Working Holiday (IEC) - ends in June 2019 - no children, no dependents. We have been together for 2.5 years.
- We have begun the paperwork for In-Land Spousal Sponsorship (we'd both like to stay together in Canada for this period) - however have not submitted anything, still awaiting a few documents, police checks, etc.
- Simultaneously we'd like to apply for a Open Work Permit, which will be included with the PR application. I am aware that work will need to stop between IEC ending and OWP starting. The current job is part time, and wouldn't quality as a skilled occupation (restaurant server)

Thankfully to Google-fu and about 40 bookmarked threads from the CanadaVisa Forum (thank you so much) I have a good understanding of problem areas to keep an eye on, however here's where my specific stuff happens (dates are important).

-------

The current plan is to be out of Canada together for an extended vacation (aka lets meet the family!) starting in June for 1.5 months
- 2 weeks visiting my siblings in the US (ESTA taken care of)
- 1 month in Japan (staying with partners parents)

From a visa point of view
- Leave Canada before Working Holiday Visa IEC expires
- Go on vacation above
- Return on Tourist Visa

I am trying my best to reduce the time between my partner's unemployment between the end of IEC and when OWP would be granted - so my first reaction is:

Option 1 - Send the paperwork sometime in May (this month) under the assumption of a return to Canada on a Visitor Visa

- Pros:

• Reduces time of unemployment assuming a hassle free application, presumably we may return back to Canada with the OWP granted and PR in progress.

- Concerns:

• Not recommended to leave during Inland Sponsorship - runs the risk of a rejected application if refused re-entry.
• During the time we are out of Canada (at the end of IEC) I don't believe my partner will have any legal status - which is a prereq for most of the applications. This is where I am fully confused.
• Are we able to leverage IMM 5710 [application to change conditions, extend stay, or remain as worke in Canada] as part of the OWP application to change conditions to visitor AND apply for a new open work permit simultaneously?
• My understanding is that IMM 5710 for post-IEC individuals is essentially a fresh application "new application/new employer" [source1, source2]

Option 2 - Forget the hassle, deal with extended period of unemployment, submit documents on return to Canada in July

- Pros:

• No nonsense standard inland application

- Cons:

• Essentially the maximum amount of unemployment time

Option 3 - Something I didn't think of yet - are there any ideas from someone in a similar position? I assume not.

-----

I'd love for Option 1 to work, but Option 2 I know for a fact is the less problematic choice.

I am fully aware this vacation is probably the most inconveniently timed thing. Guidance would be much appreciated. Thank you so much - not so short after all. Sorry!

What should we do?!

------

Thanks,
UltimateLurker

 

[kcward7]

Hello,

I am a long time lurker (Canadian Citizen), hence the username. Let me try and keep this short and sweet, as I'm sure these are hard to read if I get too confusing.

- My partner (Japanese National) is currently in Canada on Working Holiday (IEC) - ends in June 2019 - no children, no dependents. We have been together for 2.5 years.
- We have begun the paperwork for In-Land Spousal Sponsorship (we'd both like to stay together in Canada for this period) - however have not submitted anything, still awaiting a few documents, police checks, etc.
- Simultaneously we'd like to apply for a Open Work Permit, which will be included with the PR application. I am aware that work will need to stop between IEC ending and OWP starting. The current job is part time, and wouldn't quality as a skilled occupation (restaurant server)

Thankfully to Google-fu and about 40 bookmarked threads from the CanadaVisa Forum (thank you so much) I have a good understanding of problem areas to keep an eye on, however here's where my specific stuff happens (dates are important).

-------

The current plan is to be out of Canada together for an extended vacation (aka lets meet the family!) starting in June for 1.5 months
- 2 weeks visiting my siblings in the US (ESTA taken care of)
- 1 month in Japan (staying with partners parents)

From a visa point of view
- Leave Canada before Working Holiday Visa IEC expires
- Go on vacation above
- Return on Tourist Visa

I am trying my best to reduce the time between my partner's unemployment between the end of IEC and when OWP would be granted - so my first reaction is:

Option 1 - Send the paperwork sometime in May (this month) under the assumption of a return to Canada on a Visitor Visa

- Pros:

• Reduces time of unemployment assuming a hassle free application, presumably we may return back to Canada with the OWP granted and PR in progress.

- Concerns:

• Not recommended to leave during Inland Sponsorship - runs the risk of a rejected application if refused re-entry.
• During the time we are out of Canada (at the end of IEC) I don't believe my partner will have any legal status - which is a prereq for most of the applications. This is where I am fully confused.
• Are we able to leverage IMM 5710 [application to change conditions, extend stay, or remain as worke in Canada] as part of the OWP application to change conditions to visitor AND apply for a new open work permit simultaneously?
• My understanding is that IMM 5710 for post-IEC individuals is essentially a fresh application "new application/new employer" [source1, source2]

Option 2 - Forget the hassle, deal with extended period of unemployment, submit documents on return to Canada in July

- Pros:

• No nonsense standard inland application

- Cons:

• Essentially the maximum amount of unemployment time

Option 3 - Something I didn't think of yet - are there any ideas from someone in a similar position? I assume not.

-----

I'd love for Option 1 to work, but Option 2 I know for a fact is the less problematic choice.

I am fully aware this vacation is probably the most inconveniently timed thing. Guidance would be much appreciated. Thank you so much - not so short after all. Sorry!

What should we do?!

------

Thanks,
UltimateLurker

First things first. No need to stop working as long as you apply of the OWP with inland spousal while IEC is still valid. IRCC recently clarified this. This changes some of your options (which I didn't even read fully to be honest) since you were not aware that there would not be a gap in employment.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1476&top=25&fbclid=IwAR1jlgUnm2W_HejkudFfUJN2l_oQ9Z5UdOm1ks96ZxqbV9QhiR9-w7CmQp0

 

[TheUltimateLurker]

First things first. No need to stop working as long as you apply of the OWP with inland spousal while IEC is still valid. IRCC recently clarified this. This changes some of your options (which I didn't even read fully to be honest) since you were not aware that there would not be a gap in employment.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1476&top=25&fbclid=IwAR1jlgUnm2W_HejkudFfUJN2l_oQ9Z5UdOm1ks96ZxqbV9QhiR9-w7CmQp0

Noticed your edit before I posted - thanks! Sorry for the wall of text.

Wow. Bookmarking that. Thank you! Just to clarify on my end, we are not eligible to extend the IEC (Japan is 12 months only).

With that knowledge then, how does that alter the application for OWP? I was convinced it would be OWP with "new application/employer" however assuming employment can be kept (once again not skilled work, part time, no "letter of offer" was given for example) with the same employer, would we make a change to the application as a "Apply for a work permit with the same employer" ?

This is fantastic news.

edit: The only weird part is as you said, while IEC is still valid. We can apply while it is still valid, but we will not be in Canada when it expires.

 

[kcward7]

Noticed your edit before I posted - thanks! Sorry for the wall of text.

Wow. Bookmarking that. Thank you! Just to clarify on my end, we are not eligible to extend the IEC (Japan is 12 months only).

With that knowledge then, how does that alter the application for OWP? I was convinced it would be OWP with "new application/employer" however assuming employment can be kept (once again not skilled work, part time, no "letter of offer" was given for example) with the same employer, would we make a change to the application as a "Apply for a work permit with the same employer" ?

This is fantastic news.

edit: The only weird part is as you said, while IEC is still valid. We can apply while it is still valid, but we will not be in Canada when it expires.

I would still tick new.

Now that you know about implied status....If you're applying inland with OWP you both need to be inside Canada, so your plan may not work from that perspective. Are you planning on applying for inland spousal alongside OWP while IEC is still active and then temporarily leaving Canada for 1.5m? Because if so that won't work. You need to be inside Canada.

 

[TheUltimateLurker]

I would still tick new.

Now that you know about implied status....If you're applying inland with OWP you both need to be inside Canada, so your plan may not work from that perspective. Are you planning on applying for inland spousal alongside OWP while IEC is still active and then temporarily leaving Canada for 1.5m? Because if so that won't work. You need to be inside Canada.

Understood. Thank you for the information on implied status.

You would be correct. Due to the incredibly poor timing of the vacation, we can submit inland spousal alongside OWP while IEC is active, but we will not be in Canada for the entire active period. IEC will be expired upon return to Canada.

With the ideal option gone, it seems the only choice is to return to Canada on visitor visa, and proceed with inland sponsorship/OWP submissions.

Darn, but understandable.

 

[kcward7]

Understood. Thank you for the information on implied status.

You would be correct. Due to the incredibly poor timing of the vacation, we cannot submit inland spousal alongside OWP while IEC is active. IEC will be expired upon return to Canada.

With the ideal option gone, it seems the only choice is to return to Canada on visitor visa, and proceed with inland sponsorship/OWP submissions.

Darn, but understandable.

Or apply outland now, but no work permit option.

 

[TheUltimateLurker]

Or apply outland now, but no work permit option.

Almost forgot. Very true. In that case it is a question of what will be faster to be working again.

- Outland application submitted early May and getting PR
- Inland application (w/ OWP) submitted late July and OWP approved while awaiting PR

Based off Check processing times essentially saying both applications (inside vs outside Canada) are 12 months - it seems inland is still the ideal option. Since OWP processing times are 12 months for both, yet OWP is 6 weeks.

Essentially if all goes well, that effectively means an inland application (with no implied status - just entering the country normally as a visitor) could mean unemployment for under 2 months.

 

[kcward7]

Almost forgot. Very true. In that case it is a question of what will be faster.

- Outland application submitted early May and getting approved
- Inland application (w/ OWP) submitted late July and getting approved.

Based off Check processing times essentially saying both applications (inside vs outside Canada) are 12 months - it seems inland is still the ideal option. Since OWP processing times are 12 months for both, yet OWP is 6 weeks.

Essentially if all goes well, that effectively means an inland application (with no implied status - just entering the country normally as a visitor) could mean unemployment for under 2 months.

Firstly, OWP takes on average 3-4 months with an inland spousal app. It could be a bit faster or slower, but that's been a pretty consistent average.

Secondly, outland applications are typically processed faster than inland. That being said, inland app processing seems to have sped up recently but there's no way to know if it will stay that way.

 

[TheUltimateLurker]

Firstly, OWP takes on average 3-4 months with an inland spousal app. It could be a bit faster or slower, but that's been a pretty consistent average.

Secondly, outland applications are typically processed faster than inland. That being said, inland app processing seems to have sped up recently but there's no way to know if it will stay that way.

Understood, thank you for that additional information. Tough call, given the timing of everything.

We'll have to give it some thought. Thank you so much for your assistance.

 

[kcward7]

Understood, thank you for that additional information. Tough call, given the timing of everything.

We'll have to give it some thought. Thank you so much for your assistance.

No problem

 

[helenaD]

No problem

Hi - further to this . AS we are now aware IEC permit holders can avail of Implied status by applying for OWP while still in Canada (and still holding valid IEC), Could you suggest What happens if that applicant also applies for visitor status? Will the 'implied status' now be as a 'visitor' rather than a worker? Seems to be a common practice for Spousal applicants to submit both OWP and visitor status application concurrently, but would'nt that affect the applicants 'implied' status as a worker, by applying for a 'different type of status'? Another forum is suggesting that they would have 'both visitor and worker' implied status! I understood you must be applying for the same type of permit to be considered on "Implied status' as a worker! - any input would be appreciated?