OWP

[giuseppe1795]

Hi there. I'm italian I'm married to a PR holder. Me and my wife got married the 26 of February. At that time I had no status in Canada.

After the marriage we decided to go to Italy so i could introduce her to my family. Now we are planning to come back to Canada and I want to apply for a work permit, sponsorship and permanent resident.

My question is is there a way for me to apply for a OWP at the border since my wife is a PR?
If not how long does it take to obtain a work permit from when I apply inland?

What could I do to support my wife while waiting for the PR?

 

[scylla]

No - there is no way for you to apply for an OWP at the border. This process is only open to spouses of foreign workers and international students. It is not open to you.

Your only option is to return to Canada, submit an inland application and include an OWP. The OWP will take approximately 3-4 months to be approved from the date your complete sponsorship application is received.

 

[scylla]

Also note that you'll need an ETA to return to Canada.

 

[giuseppe1795]

Thank you for the quick reply.
One more question at my arrive to the border what should I expect.

Would be enough showing my marriage certificate to obtain a temporary status?

Should I explain that my intention is to apply for a permanent resident?

I have been living for about 6 months with no status in Canada due to the reletionship between me and my wife.
Could that be something I have to worry about?

 

[scylla]

You will be entering as a tourist. Again, you can't come to Canada using your passport alone, you have to apply for an eTA. Have you done that yet?

Yes - the overstay is something to be worried about and it's possible this could impact the eTA approval. You should apply for the eTA as soon as you can to see if approval is going to be a problem.

Since you previously overstayed, you will want to be able to show ties to your home country when you arrive in Canada and you'll want to make sure you hold a return ticket.

 

[giuseppe1795]

During the eTA application at this question
"Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country/territory? "

Would I answer yes? To considering that I asked an extension of my stay in past that got refused

 

[scylla]

You need to answer "yes" and provide details.

 

[giuseppe1795]

Thanks for the help.
So eTA sent me an email saying that more information would be required and in 72 hours I will receive an email with instructions.

My concern is what would happen if a eTA will be refused. My wife needs to head back.
How could I be with her if they won't let me land and apply for a PR?

 

[scylla]

If the ETA is refused, you will need to remain in Italy while your wife returns to Canada. Your wife will then have to sponsor you using the outland process and she will have to remain in Canada while your application is being processed (while you remain in Italy). In that case you won't be together while the application is being processed because you won't be able to come to Canada until your PR application is approved.

Unfortunately you may have created significant complications for your applications by overstaying your allowed visit.

 

[giuseppe1795]

If the ETA is refused, you will need to remain in Italy while your wife returns to Canada. Your wife will then have to sponsor you using the outland process and she will have to remain in Canada while your application is being processed (while you remain in Italy). In that case you won't be together while the application is being processed because you won't be able to come to Canada until your PR application is approved.

Unfortunately you may have created significant complications for your applications by overstaying your allowed visit.

Thanks for the advice. My ETA approved but I'm still concerned about how to behave at the border

I supposed to leave Canada in July of last year but i didn't waiting for my marriage first I got married in February and I left Canada in May.

When I'll show my marriage certificate it will show date of February I'm wondering if at that point the officer will question me for my overstay.

Could an officer refuse my entry?
You said I should show boundary with my home country but if my plan is to apply fo a PR application Inland and I can't leave the country to do so, wouldn't be contradictory to have a return ticket?

Also I read somewhere that overstaying could show my intention of integrate an stay as permanent resident in Canada wouldn't that show the genuinity of my marriage and the will of settling down in Canada.

I know people that have been leaving for years in Canada with no status then got married and got their PR what's their secret?