AvByT said:
Thanks Sweden and congrats on the success. Few followups to understand better:
Outland: So you were successful in getting a visitor Visa while your PR was processing? Was it easy process?
Inland: Can she travel with me to Canada now on a Vistor visa(multiple entry) and mention in her visa application that we intend to apply for her PR when we get there?
Also, can she travel in/out of Canada at all over the inland PR processing time?
I didn't know that the work permit application can be submitted with the PR application so thanks for that detail but I need more clarification to understand. Is the work permit application a way of extending time for her to stay till the PR processing take time? Sounds like if the Work Permit comes through before PR then get automatic status in Canada, right?
Thanks!
For outland: I am from a visa-exempt country, so I didn't need to apply for a visa beforehand, I can ask for a 6 months tourist visa at the border. I was very open about my PR though - when asked for how long I wanted to stay, I stated that I would like at least 6 months because I have a PR application on going (I had the sponsorship letter with me in case they asked for proofs, but they didn't), and I wanted to remain in Canada to wait out the PR. The border officer asked a couple of more questions (whether I was still employed - no, and where I will stay - with my partner), and then stamped my passport (good for 6 months). I didn't have a return ticket, but I had printed extracts of my bank account to show that I had the funds to pay for one if needed - but was not asked for it either. All in all, a fairly easy process, but being from visa-exempt country is of course a big help.
Inland - I am not sure about the answer of your first question. I know that spouses of Canadian citizen are quite often denied visitor visa because the government doesn't think that the person will leave the country at the end. But if your wife already has a multiple entry visa, maybe it's different, and I don't know enough to be able to answer that question.
About traveling - no, she can't. Well technically she can, but if when trying to come back into Canada, she is denied entry, her inland application will be deemed abandoned ( because the applicant should stay in Canada while inland processing), so it's a very important factor to consider... if she is denied entry, then you would have to put together a new application and sponsor her outland.
For the work permit : You send the the application for an open work permit at the same time as the inland application, and once you get the AIP ( Approval in Principle), then they will also look at the OWP - so once you have the AIP, you get a work permit, and your wife can work while waiting for the rest of the PR application to be processed. I have applied outland, so I don't know much about the inland process, but that part is explained in different posts on the forum.
If you applied for inland before your wife's status in Canada expires, then she will be on "implied status" until her application is processed, but she won't have a work permit until the first stage is approved.
Here is the excerpt from Leon's first post about inland:
If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.
Sweden