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Inland Spousal Sponsorship and Change to Open Work Permit

baka123

Star Member
Nov 22, 2019
72
4
Hello everyone,

I was hoping to get some direction on how to proceed with my application. I recently got married to an amazing Canadian citizen and I'm currently in the country on a closed work permit.

Here is a little background:

I first came to Canada in August 2016 on a study permit. It was a short term course to obtain my Pharmacist Practice License. I also obtained a co-op work permit as was required by the course in order to complete a 3 month practicum. The visa was due to expire in May 2017 but before that, I applied for a visitor extension which got granted. I then applied for a study permit to remain in the country and complete a business course; which got rejected, twice! I then returned to my home country in Feb 2018.

The employer that I did my practicum with offered to go through the LMIA process for me and offered me a job. So I obtained the services of a lawyer (due to my previous rejections) to do the LMIA and work permit for me. I got the LMIA approved in September 2019 and my work permit approval in February 2020. I was back in Canada in March 2020.

During my first visit in 2016, I met my now-wife and she visited me twice in 2019 while I was back in my home country. We got engaged in October 2019 where she got to meet my whole family and spend time with me. When I came back in March this year, we decided to live together so we have some of our documents under one address.

On August 3rd 2020, we tied the knot in a socially distant civil marriage ceremony with her family and some of my extended family and friends.

We would now like to go ahead and apply for spousal sponsorship and also change my closed work permit to an open one as I have a another job offer lined up with will significantly increase my salary.

So my questions are:
1. Is it possible for me to make that change from a closed to an open work permit?
2. What are the first steps to starting out the process for Spousal Sponsorship?
3. What documents are required for all the above?

I have already gone through the websites and feel like it's a bit overwhelming with all the information on there. I was just looking for some direction from people who have already gone through the process so that I have a starting point and a general sense of direction.

Thank you all very much in advance
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
Just want to check that you actually got married in person, though distance is fine.

1. You can apply for an open work permit but the conditions of your work permit do not change until an open work permit is awarded - that is, you're still on a closed work permit until you get the OWP in the mail. You can benefit from implied status - working beyond the expiry of the closed work permit - while you wait for the OWP, but you cannot change employers.

2 & 3: please, read the guide to spousal sponsorship. It answers your questions to a large degree. If you have specific questions about the process, ask them here in this thread, but do try to at least read the guide once first. If you think it's overwhelming to read everything, imagine trying to explain it to someone!

I can try to give you direction once you figure out what you need direction on. The checklist, for example, tells you the documents you need.
 

baka123

Star Member
Nov 22, 2019
72
4
Yes, we did get married in person.

Thank you for the honest response. I'll re-read through everything and come back for any specific questions that I may have.
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
Hello everyone,

I was hoping to get some direction on how to proceed with my application. I recently got married to an amazing Canadian citizen and I'm currently in the country on a closed work permit.

Here is a little background:

I first came to Canada in August 2016 on a study permit. It was a short term course to obtain my Pharmacist Practice License. I also obtained a co-op work permit as was required by the course in order to complete a 3 month practicum. The visa was due to expire in May 2017 but before that, I applied for a visitor extension which got granted. I then applied for a study permit to remain in the country and complete a business course; which got rejected, twice! I then returned to my home country in Feb 2018.

The employer that I did my practicum with offered to go through the LMIA process for me and offered me a job. So I obtained the services of a lawyer (due to my previous rejections) to do the LMIA and work permit for me. I got the LMIA approved in September 2019 and my work permit approval in February 2020. I was back in Canada in March 2020.

During my first visit in 2016, I met my now-wife and she visited me twice in 2019 while I was back in my home country. We got engaged in October 2019 where she got to meet my whole family and spend time with me. When I came back in March this year, we decided to live together so we have some of our documents under one address.

On August 3rd 2020, we tied the knot in a socially distant civil marriage ceremony with her family and some of my extended family and friends.

We would now like to go ahead and apply for spousal sponsorship and also change my closed work permit to an open one as I have a another job offer lined up with will significantly increase my salary.

So my questions are:
1. Is it possible for me to make that change from a closed to an open work permit?
2. What are the first steps to starting out the process for Spousal Sponsorship?
3. What documents are required for all the above?

I have already gone through the websites and feel like it's a bit overwhelming with all the information on there. I was just looking for some direction from people who have already gone through the process so that I have a starting point and a general sense of direction.

Thank you all very much in advance
2&3 read the complete guide to know the steps,

Read the Complete Guide:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html


Get the Application Package; Look at country specific instructions, and also take a glimpse at the forms even if it’s to have an idea of what’s ahead.

Go through the Checklist to know the supporting documents required by each the sponsor and applicant, and required for both to show proof of relationship, so that you can start gathering them.

Take a look at the required fees.


 

gouthamkrg

Newbie
Aug 10, 2020
1
0
Hi ,
I am Permanent Resident. I am sponsoring my wife for PR under Spouse or Common - Law partner in Canada Class. My wife studied in Canada and right now she is on her open work permit. I have a question while paying application fees should I also pay for her Biometrics? Does inland applicants need to get Biometrics done?
We already got Indian PCC. Does she need to apply for Canadian PCC as well?
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
Hi ,
I am Permanent Resident. I am sponsoring my wife for PR under Spouse or Common - Law partner in Canada Class. My wife studied in Canada and right now she is on her open work permit. I have a question while paying application fees should I also pay for her Biometrics? Does inland applicants need to get Biometrics done?
We already got Indian PCC. Does she need to apply for Canadian PCC as well?
Why do you hijack other people's threads?
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
Hi ,
I am Permanent Resident. I am sponsoring my wife for PR under Spouse or Common - Law partner in Canada Class. My wife studied in Canada and right now she is on her open work permit. I have a question while paying application fees should I also pay for her Biometrics? Does inland applicants need to get Biometrics done?
We already got Indian PCC. Does she need to apply for Canadian PCC as well?
You can pay for biometrics or wait for the to ask. They have cancelled biometrics for TRVs for those in Canada, but they have not cancelled biometrics for PR

The checklist says that if the country the PA currently leaves in is Canada then they don’t have to provide PCC

Next time it will be best if you post on your own thread, or a more general one such as spousal sponsorships thread
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
It's still rude, so rather than encouraging the behaviour by answering their questions, it's typically good to tell them to start their own thread.
Not every one understand how things work in here. Answering and there after telling them where they can post isn’t encouraging behaviour. I believe everyone joins these forum to get information and help. Telling them they are hijacking a post without telling them where to go isn’t helping anyone. Anyway we can agree to disagree
 

baka123

Star Member
Nov 22, 2019
72
4
Just want to check that you actually got married in person, though distance is fine.

1. You can apply for an open work permit but the conditions of your work permit do not change until an open work permit is awarded - that is, you're still on a closed work permit until you get the OWP in the mail. You can benefit from implied status - working beyond the expiry of the closed work permit - while you wait for the OWP, but you cannot change employers.

2 & 3: please, read the guide to spousal sponsorship. It answers your questions to a large degree. If you have specific questions about the process, ask them here in this thread, but do try to at least read the guide once first. If you think it's overwhelming to read everything, imagine trying to explain it to someone!

I can try to give you direction once you figure out what you need direction on. The checklist, for example, tells you the documents you need.
Hello,

I've been going through all the requirements. seems quite straightforward. I just had a question regarding obtaining a Canadian police certificate. I came into the country in March this year so by the time i submit my application, i'd have spent more than 6 months here. Would I still need a police clearance? the checklist says I do but on the website it says that I do not need one if I'm applying for Permanent Residency. I already have a police certificate from my home country (Kenya)
 

Usa2canada<3

Star Member
Feb 21, 2020
181
38
Ontario
Category........
FAM
App. Filed.......
13-08-2020
AOR Received.
11-25-2020
Hello,

I've been going through all the requirements. seems quite straightforward. I just had a question regarding obtaining a Canadian police certificate. I came into the country in March this year so by the time i submit my application, i'd have spent more than 6 months here. Would I still need a police clearance? the checklist says I do but on the website it says that I do not need one if I'm applying for Permanent Residency. I already have a police certificate from my home country (Kenya)
If you have been canada for more then 6 months ircc will request one for you.
 
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Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
i.e I don't have to apply for it until they request one from me?
If you look at the checklist it does say that if your residence in Canada (6+ months) or Canada is where you’ve lived most of your life since the age 18, you don’t have to submit a PCC, IRCC will request one for you. So if this suits your situation you will check that box as well.
 
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baka123

Star Member
Nov 22, 2019
72
4
If you look at the checklist it does say that if your residence in Canada (6+ months) or Canada is where you’ve lived most of your life since the age 18, you don’t have to submit a PCC, IRCC will request one for you. So if this suits your situation you will check that box as well.
Understood. Asante Sana
 
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