New to this stuff... please help me!

[AmandaB]

Hello everyone! I am finding all of the information around to be so overwhelming and confusing, so I'm hoping someone can help clear things up.

Here's my situation: I'm a Canadian, living and working in Indonesia. I've been here for two years, and am married to an Indonesian man (we've been together for two years, married since June 2009). I've just found out about changes at my workplace, which means my employer has only given me 6 weeks notice that my contract will not be renewed. My husband has a visa to visit my parents this summer, and we already have the tickets. If I can't find a job in the next few weeks, we are thinking about trying to stay in Canada (don't know for how long, that depends on what our options are for him). We are not willing to live in different countries, so I don't want to go back to Canada and wait for all the paperwork to happen. Also, we always planned that we would move there, but originally thought that was a few years away.

So, here is what I'm confused about: I am under the impression that he should get 6 months in Canada, from the date that he arrives, not the date the visa was issued (right?). If we apply for PR after we arrive, if it takes longer than the duration of his visa, does he have to leave the country at the end of the 6 months, or does he get to wait for the decision? I have read that it can take 7-9 months for PR to be processed from within Canada, so I'm a bit confused as to how that works. If we don't apply for PR, and we try to extend his visa, is that usually successful, or is it really difficult to get an extension? And again, it says to apply 1 month before the first visa expires, what if we haven't gotten a decision before it expires? Does he wait in Canada, or does he have to leave and come back?

Any clarifications or advice would be incredibly helpful, and I appreciate any insight you can give!

 

[BeShoo]

"Note: Applicants who require a Temporary Resident Visa (TRV) to enter Canada: A renewal of a study or work permit or extension of visitor status does not affect your TRV. It is your responsibility to ensure your TRV remains valid if you wish to re-enter Canada after leaving. After leaving, you must apply for and obtain a TRV by applying to a Canadian visa office outside of Canada (see Application for a Temporary Resident Visa to Visit Canada-IMM 5256)"

As understand it, extending your visit does not extend your TRV. I believe that the TRV is issued in your home country. I'm not sure if you have to be in our country to get one. Maybe not. That's about all I can say. I hope someone else knows more.

 

[BeShoo]

Note that "leaving Canada and coming back" doesn't necessarily mean going to Indonesia. You can apply to renew your TRV at a consulate in the U.S. also. See http://www.students.ubc.ca/international/international-students/study-permits-visas/applying-for-a-trv-after-you-have-arrived-in-canada/ for some information on that.

 

[RobsLuv]

OK, Indonesia is a non-visa-exempt country, so how long your husband can (initially) remain in Canada will be documented on his TRV. What you'll need to do, once you're in Canada, is apply to sponsor him for permanent residence via the inland application process. You will need to get the application submitted to the Case Processing Centre in Vegreville, AB BEFORE his TRV expires, AND INCLUDE WITH THE INLAND PR APPLICATION an application to extend his stay/change his conditions - along with the applicable fee. As long as the extension/change application AND the inland PR application are received by CPC-V BEFORE his status expires, he'll have "implied status" to remain in Canada until the first stage of assessment is completed on the inland PR ap (typically about 6-7 months). During that time, he will be in Canada subject to the conditions imposed in his original TRV. (You can read more about this in the inland processing guide - Part II, Your Status in Canada).

What most applicants do with the extension application is apply for an "initial work permit" (fee $150). Write across the top of the application: "Open Work Permit Application - Do Not Process Until First Stage Approval". This means that after the first stage of assessment is completed, if found to be an eligible spousal permanent resident applicant, your husband would automatically be issued an Open Work Permit as his new temporary status document. This OWP would allow him to work anywhere in Canada, for any employer, and would be his temporary status document for the remainder of the PR assessment time. Typically, after first stage approval (or Approval in Principle) it takes another 6-12 months to finalize the PR application.

So - in preparation for coming to Canada, you should start to fill out the application forms, and your husband should order his criminal clearances from any country he's lived in for more than 6 months since turning 18 years of age. I would suggest that he wait until you arrive in Canada to get a medical examination done as they're typically cheaper in Canada than overseas. The application should be submitted within 3 months of his receipt of his criminal clearances - and you'll want to track the mailing of the PR ap to CPC-V, and get delivery confirmation, so that you have proof that he has applied to extend his status with the PR ap. That's the proof of his legal status - and since you won't hear anything from them (even confirmation that they received the application) you'll feel much more comfortable about things knowing they have it and you can prove it. Then you can sit back, relax, and wait out the process together.

A couple of things to be aware of with inland that BeShoo alluded to: there is no right of appeal if the application is refused, so be sure you provide strong support of your "genuine relationship" with the application; and your husband should not leave Canada once the inland PR application is submitted. If he does, chances are good that he would not be readmitted to Canada again, and that means the inland application fails because the applicant is required to be in Canada, residing with their spouse, in order to be approved. That's because the entire process happens within Canada - so the applicant has to be present in Canada for all interviews, appointments, etc.

I wish you luck. If you have any questions, please feel free to PM me.