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PR Card Married to a Canadian

Davidpapa

Newbie
May 25, 2018
4
0
Hi

I am from Belgium. I did study and work before in Canada. Here I meet a girl and we have been married for about 6 months. My visitor visa expired 2 months ago but before that I did apply to extend the visa. So now I am waiting for an answer from the immigration. I am not sure how to speed up things at the moment. My questions are:

Can I apply for the PR card at the moment or I wait for the decision to extend my visitor visa?
If the extension is refused, can I apply for the PR card from Canada before I leave the country, from abroad or I should comeback as a visitor again and apply from here?

Thank you for this forum and for your time.
 

evdm

Hero Member
Jun 16, 2017
650
360
Under a spousal category, there are two ways that you can apply for PR, these are referred to here as Inland and Outland. IRCC uses the terms "Spouse In-Canada" and "Spouse Outside of Canada."

I am not a lawyer, so please don't consider the information below as legal advice. Some of it is just guesswork based on my personal understanding of the processes, and I may be wrong. Perhaps other forum members can weigh in, too.

First you will have to determine which stream you would like to apply under.

The in-Canada application means that you must already be in Canada (not necessarily with valid status) and it is advised that you do not leave Canada while the application is in progress. Though, generally speaking, short trips abroad are fine as long as you can re-enter Canada. The advantages of going this route are that you can be with your spouse while the application is being processed, and you can also apply for an Open Work Permit. For this, however, you must have valid status in Canada, so you would have to wait for the outcome of your visitor extension. Should your visitor extension be denied, and you receive an order to leave Canada, then any inland application will be considered abandoned. Another disadvantage is that you cannot appeal the decision should your PR application through sponsorship be rejected.

The Outland stream does not require you to have any status in Canada (for the application), and you are free to travel as you wish. It is designed to allow spouses living abroad to apply for status meaning you don't have to be in Canada. As mentioned, an outland applicant can travel to Canada as long as you can satisfy a border officer of your intentions to enter as a visitor and that you will leave should that status expire and you have not applied to renew it, or, your PR application fails. Outland applicants also are able to appeal a decision if the PR application is rejected. The drawbacks of an outland application are that you cannot apply for an Open Work Permit, and you face being separated from your spouse while the application is being processed. However, as mentioned above, you are free to visit Canada subject to admission by the CBSA officer, and according to the terms of a 'regular' visitor's visa/stamp.

Considering you have already applied to extend your visitor visa, the inland route has its risks should the visa be rejected. Normally one would apply before the visitor status expires, and they would be in Canada on implied status. If you are issued a departure order because your visa extension is rejected, you risk having to abandon an inland application.