Outland to Inland during process?

[Andrew 31]

Hi,

I am applying Outland in Europe to sponsor my wife. We plan to move to Canada in 5 months, assuming the Outland application will be in process at that time. Is this ok? I don't see anything written anywhere for this particular situation. I really want to get started with our lives in Canada, and she can stay up to 6 months without a visa, hopefully we could have an answer by then, plus it is the best proof that we plan to live in Canada.

Thanks!

 

[BethanyM]

Hi,

I am applying Outland in Europe to sponsor my wife. We plan to move to Canada in 5 months, assuming the Outland application will be in process at that time. Is this ok? I don't see anything written anywhere for this particular situation. I really want to get started with our lives in Canada, and she can stay up to 6 months without a visa, hopefully we could have an answer by then, plus it is the best proof that we plan to live in Canada.

Thanks!

It's possible if you submit an Outland application and your wife then travels to Canada as a Visitor, she could be refused entry at the border because she has an open PR application.
Other options: Your wife remains in Europe until her Outland application is complete.
or Do Not apply for PR Outland, your wife enters Canada with you as a visitor,
and then apply INLAND. By the way, there is a new travel form which must be filled out, called the eTA.
It has nothing to do with Immigration, it's a new form required from some (many) travelers.

Also, as you are planning to apply Outland, your wife, even if she is permitted to enter Canada as a Visitor,
could be required to appear for an interview in her homes country, and required to send her passport to the appropriate Visa Office.

Consider your options carefully.

 

[canuck_in_uk]

I am applying Outland in Europe to sponsor my wife. We plan to move to Canada in 5 months, assuming the Outland application will be in process at that time. Is this ok? I don't see anything written anywhere for this particular situation. I really want to get started with our lives in Canada, and she can stay up to 6 months without a visa, hopefully we could have an answer by then, plus it is the best proof that we plan to live in Canada.

Hi

Yes, that's fine. Many of us have done this without issue. Carry proof of the PR app and proof of finances and there should be no issues. Remember that she will be entering as a visitor to stay with you in Canada while the PR app is processing; she is not moving to or coming to live in Canada at this point.

It's possible if you submit an Outland application and your wife then travels to Canada as a Visitor, she could be refused entry at the border because she has an open PR application.


Also, as you are planning to apply Outland, your wife, even if she is permitted to enter Canada as a Visitor,
could be required to appear for an interview in her homes country, and required to send her passport to the appropriate Visa Office.

Having a PR app submitted is not a reason for refusal at the border. CBSA likes to see people following the rules to be able to live in Canada legally. Entering with her Canadian citizen spouse and child, she will not be refused.

They have been married and living together for a few years and have a child; the chances of an interview are extremely low. As OP already stated, his wife is visa-exempt, so she will not be required to send her passport.

 

[Andrew 31]

Thanks very much for the informed answers. We have been married over 2 years and provided proof of relationship. I understand that she is only considered a visitor, and if she must leave back to Europe, or if our sponsorship gets rejected, then we would all unfortunately have to move back.

But, if she finds a job, can she get a normal work permit in Canada while the sponsorship is in process?

I got a work permit in Germany for myself while staying as a visitor the first 90 days, but not sure if Canada also has this?

 

[BethanyM]

Thanks very much for the informed answers. We have been married over 2 years and provided proof of relationship. I understand that she is only considered a visitor, and if she must leave back to Europe, or if our sponsorship gets rejected, then we would all unfortunately have to move back.

But, if she finds a job, can she get a normal work permit in Canada while the sponsorship is in process?

I got a work permit in Germany for myself while staying as a visitor the first 90 days, but not sure if Canada also has this?

If your wife applies from INLAND, from inside Canada after she has entered as a Visitor, then she can apply for an Open Work Permit at the same time she applies for PR. OWP application gets submitted in the same package when she applies for PR.
She could expect to receive her OWP in about 4 months. She cannot work legally until she receives the permit.

If you apply from OUTLAND as you've indicated you intend to do, there is NO Work Permit. Your wife will not be permitted to work in Canada, even if she is present in Canada as visitor - not until she receives her PR.

 

[CDNPR2014]

But, if she finds a job, can she get a normal work permit in Canada while the sponsorship is in process?

I got a work permit in Germany for myself while staying as a visitor the first 90 days, but not sure if Canada also has this?

if she finds a job and the employer is willing to go through the LMIA process to hire a foreign worker, then she can apply for a work permit and potentially start working if approved. whether it is approved, is up to IRCC. it is very difficult to obtain a closed work permit without having a specialized position. it takes time and money for the employer, so there are not many willing to do it.

 

[canuck_in_uk]

Thanks very much for the informed answers. We have been married over 2 years and provided proof of relationship. I understand that she is only considered a visitor, and if she must leave back to Europe, or if our sponsorship gets rejected, then we would all unfortunately have to move back.

But, if she finds a job, can she get a normal work permit in Canada while the sponsorship is in process?

I got a work permit in Germany for myself while staying as a visitor the first 90 days, but not sure if Canada also has this?

Provided you qualify as a sponsor (not bankrupt, not on welfare, not criminally barred etc.) and your wife has no criminality issues, your app won't be rejected. It's not like applying to university, where qualified applicants can still be rejected. If you meet the requirements, the PR app will be approved.

There is also the option of working online for a company outside of Canada while she is a visitor, as long as none of the clients are Canadian and she is not paid in Canada.

 

[kghayesh]

We have a very similar situation to you Andrew.

My wife already has a Canadian work permit as she studied here last year before she moved back home. She is going to move here to Canada in about 5 months so probably an outland application will not have been done by then.

I am not sure in our situation it is better to apply outland and then see what will happen or take the safer option and wait till she gets her and do an inland application. Time is not a luxury as we hope she gets the PR asap so she can continue her studies on the local fees not the international fees.

Any advice? Can we apply an inland application based on the fact she has a work permit, or it must be outland because she currently lives outside Canada even though she is technically considered a resident here?

 

[canuck_in_uk]

Any advice? Can we apply an inland application based on the fact she has a work permit, or it must be outland because she currently lives outside Canada even though she is technically considered a resident here?

No, you can't apply inland just because she has a work permit. You must both be physically in Canada to apply inland.

 

[kghayesh]

No, you can't apply inland just because she has a work permit. You must both be physically in Canada to apply inland.

Thanks canuck_in_uk. But the question is, could she still come to Canada when there is an outland application in progress? If she comes here, when they request for her passport she would have to send it back home then?

 

[canuck_in_uk]

Thanks canuck_in_uk. But the question is, could she still come to Canada when there is an outland application in progress? If she comes here, when they request for her passport she would have to send it back home then?

Yes, you can apply outland and then have her come to Canada. She will need to change her address to the Canadian one. When she receives the passport request, she will be given the option to submit to Ottawa.

Does she already possess a valid TRV?

 

[kghayesh]

Yes, you can apply outland and then have her come to Canada. She will need to change her address to the Canadian one. When she receives the passport request, she will be given the option to submit to Ottawa.

Does she already possess a valid TRV?

Yes, she does have a valid TRV and a work permit till 2019.