Open Work Permit/Extending Visitor Visa - Inland Application

[lauralee15]

My husband arrived in Canada in mid-July on a 6 month visitor visa from South Korea (Expires mid-January). We are planning to send in our application in a few weeks (once a few last documents arrive).

Just looking for clarification on how the Open Work Permit/Visitor Visa thing works.

It is my understanding that when we send in our PR application we are also to fill out IMM5710 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker) checking off that we are applying for "An initial work permit". Can anyone please confirm that this is the right form?

If this is approved, do we still need to apply to extend his visitor visa? Should we be doing that soon anyway as I understand it takes several months for the Open work permit anyway? If so, what form do we use for extending visitor visa?

I know Inland is a much more lengthy process. We've already done so much of our relationship long distance that we'd rather not separate again. Does applying for Inland Spousal sponsorship alone permit him to legally stay in Canada until a decision is made?

Just want to be sure we take all the necessary steps!

Any info provided is appreciated!

thanks!

 

[Ponga]

Sending the OWP, which is in fact IMM5710, with the Inland application, meaning in the same parcel that you send to Mississauga (prior to his status expiring) gives him Implied status. He would not need to extend his visitor visa and CIC will route the OWP to their Vegreville office for processing. Make sure that he pays the correct fee for the OWP ($255, not $155), because if the OWP is returned, it could jeopardize his Implied Status. Also, make sure that you are sending the latest version of all IMM forms in the sponsorship application package (yours and his) and that you sign every form that requires a signature. Having the entire application returned because of an outdated form and/or missing signature will also jeopardize the Implied Status.

An Inland application alone does NOT give the applicant legal status to remain in Canada, which is why the OWP is so important, however...are you aware that he can submit an Outland application even if he is In Canada? He would not qualify for the OWP, but his overall processing time could be much faster. All that he needs to do is apply to extend his visitor visa before it expires. Showing proof that an Outland application has been submitted will definitely help.

Good luck!

 

[lauralee15]

Thanks for the info - very helpful.

To clarify then for fees with inland application we would need to pay:
Work Permit - $155
Open Work Permit Holder $100
Principal Application $475
Sponsorship Application $75
Right of Permanent Residence Fee $490

Is this correct????


I had heard that we could apply outland even though he is in Canada, but are confused about how it works exactly. Do we have to provide a Korean address back in his home to process things? I understand there is an interview with outland - will he have to go back to Korea for that interview or could it happen here? When applying outland are people honest that their spouse is actually in Canada at the moment? We initially tried to ask these questions by calling CIC, but the person we spoke to was less than helpful.

He really wants to start working as soon as he can, which is why we are opting for the option with the work permit. Certainly sounds like there are pros and cons to both methods and we still have time to switch.

thanks!

 

[mazleen]

Thanks for the info - very helpful.

To clarify then for fees with inland application we would need to pay:
Work Permit - $155
Open Work Permit Holder $100
Principal Application $475
Sponsorship Application $75
Right of Permanent Residence Fee $490

Is this correct????


I had heard that we could apply outland even though he is in Canada, but are confused about how it works exactly. Do we have to provide a Korean address back in his home to process things? I understand there is an interview with outland - will he have to go back to Korea for that interview or could it happen here? When applying outland are people honest that their spouse is actually in Canada at the moment? We initially tried to ask these questions by calling CIC, but the person we spoke to was less than helpful.

He really wants to start working as soon as he can, which is why we are opting for the option with the work permit. Certainly sounds like there are pros and cons to both methods and we still have time to switch.

thanks!

You can apply outland even though you're in Canada BUT he cannot work. You can give a canadian address because that's where he is and it's up to them where they are gonna send the application but I think it's mississauga . Not all outland need an interview. If you can provide enough proof that your relationship is genuine then there shouldn't be any problem. If he has work lined up already then you can go for inland because he can get the open work permit i think within 4 months..but there's a chance that if he does outland, he can get PR within 3-6 months. You can see roughly the timeline for Dec applicants below my name and see the mississauga timeline in the spreadsheet. Good Luck!

 

[canuck_in_uk]

Is this correct????


I had heard that we could apply outland even though he is in Canada, but are confused about how it works exactly. Do we have to provide a Korean address back in his home to process things? I understand there is an interview with outland - will he have to go back to Korea for that interview or could it happen here? When applying outland are people honest that their spouse is actually in Canada at the moment? We initially tried to ask these questions by calling CIC, but the person we spoke to was less than helpful.

Yes, those fees are correct.

There is no rule against applying outland while in Canada. Most people in Canada do this because outland is significantly faster. You can use his Canadian address without issue. There is no automatic interview or higher chance of an interview with outland; if you have red flags in your app, you may be called for an interview whether the app is outland or inland.

Don't call the CIC call centre; they are useless. Bring your questions to the forum.

 

[lauralee15]

Thank you for your help - although I know no one knows for certain, how long does it usually take to get an Open Work Permit once we send in our application?

How does Implied Status work? Will my husband have Implied Status in Canada until the make a decision on his Open Work Permit even if his visitor visa runs out first? Just wanting to cover all our bases

Thanks!

 

[automaton82]

Thank you for your help - although I know no one knows for certain, how long does it usually take to get an Open Work Permit once we send in our application?

How does Implied Status work? Will my husband have Implied Status in Canada until the make a decision on his Open Work Permit even if his visitor visa runs out first? Just wanting to cover all our bases

Thanks!

Last I hear OWP was taking about 4 months to get. There's a thread on it tracking it. Keep in mind that without a job and letter he can't get OHIP (if in Ontario). He can stay in Canada in this situation indefinitely until your PR application is finished. But you *cannot leave*. Expect to be here around 2 years.

My spouse is Korean and we applied inland, and recently have completed it. I would suggest outland, as it will be significantly faster (usually). Just my $0.02.

 

[lauralee15]

Thanks - thinking we may need to switch. He just really was hoping to work sooner than later!

 

[kiwissima]

Last I hear OWP was taking about 4 months to get. There's a thread on it tracking it. Keep in mind that without a job and letter he can't get OHIP (if in Ontario). He can stay in Canada in this situation indefinitely until your PR application is finished. But you *cannot leave*. Expect to be here around 2 years.

My spouse is Korean and we applied inland, and recently have completed it. I would suggest outland, as it will be significantly faster (usually). Just my $0.02.

I applied for visitor extension and got no reply. While waiting for the extension I plan to apply for SOWP since I understand it is a usual practice. Reading this thread I understand that it is better for me to apply for SOWP outland while staying in Canada to get it faster, am I correct?

Thank you!!!