Hi hope i can get some help here im a tfw from philippines my permit expired dec 17 2015, im in a common law and we have a 5 mos old baby , my problem is what happened to my status if we file or apply for spousal sponsorship after my permits expired? Should i apply for extension staying in canada as a worker?but i dont have new lmia ... And what happen to my status after we applied for that spousal sponsorship can i stay in canada while waiting for the decision ? TIA
Inland spousal sponsorship
- Thread starter Akohsi
- Start date
Akohsi said:
As you mentioned in the topic, Inland sponsorship stream is probably the best option for you if you want to stay and work in Canada while its being processed. You can apply for open work permit together with your inland application and it will give you the legal status to stay and work in Canada until your sponsorship application is finalized.
As soon as you submit your application you will be under implied status until the sponsor part is approved, therefore you must submit your application by the expiry date of your current work permit so you won't run out of legal status
If you wait until your existing WP expires, you will have 90 days to apply for Restoration of Status. During the time that CIC is processing that request for ROS, you will have no status in Canada. This would mean that you would not qualify for the Pilot Program OWP, because of your lack of status. If your ROS were to be approved, you could then submit the OWP and the Inland application [together].
I agree with sashali78. You should consider submitting the Inland application and OWP ASAP...well before the date that your WP expires.
I agree with sashali78. You should consider submitting the Inland application and OWP ASAP...well before the date that your WP expires.
Akohsi said:But what will happened if we want to applied after my permits end ? What is that 90 days after your permits expired thing i dont understand
If you apply after your permit ends, you won't qualify for the open work permit pilot and you will have to wait much much longer before you will qualify for an open work permit.
Don't let your status expire. If you have to, change your status to visitor to remain in status.
Akohsi said:But what will happened if we want to applied after my permits end ? What is that 90 days after your permits expired thing i dont understand
You have to have a valid legal status in Canada in order to apply for Inland spousal sponsorship, that's why you have to apply before your work permit expires.
The 90 days you mentioned is the time frame in which you can apply for restoration of your status (foreign worker) once your work permit expired and you haven't applied for its extension in time. Notice that you cannot continue working while you wait for restoration of your status.
What you can also do is to apply for the extension of your work permit before it expires, thus you will be under implied status; while under implied status you can still apply for Inland sponsorship which will give you a further status until it finalizes.
But why would you wait for your work permit to expire if you are already in common-law relationship as you stated in your opening message?
Yes i am, but we were in tough situation right now i mean financial because of the recession in oilfield ... So if we applied for the spousal sponsorship while i have my permit we dont need to apply for the extension for me to stay here? We just wait for the approval right?.... Thats good to here thanks for the advice guys helps me a lot!
... So if we applied for the spousal sponsorship while i have my permit we dont need to apply for the extension for me to stay here? We just wait for the approval right?.... Thats good to here thanks for the advice guys helps me a lot!
Akohsi said:Yes i am, but we were in tough situation right now i mean financial because of the recession in oilfield
Yes, you got it. As everyone agrees here, apply for Inland and OWP in the same time ASAP. It takes time to get approved but once you are you will have status and OWP until your application is finalized.
New question my dependents outside canada will not accompanying us for now do they need medical examination up front or can i wait for cic request? And another question is anyone here familiar with IMM 5401? Do i need to order 2 since i have 2 application like spousal and owp? TIA 
Akohsi said:New question my dependents outside canada will not accompanying us for now do they need medical examination up front or can i wait for cic request? And another question is anyone here familiar with IMM 5401? Do i need to order 2 since i have 2 application like spousal and owp? TIA
Yes, you can wait until you get the request.
You can order just one form and pay all fees together. Or you can just pay online, i personally think its simpler and faster.