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Spouse Open work permit

rahu22

Member
Sep 30, 2018
16
0
I am a Canadian PR holder currently living in US. I plan to move to Canada soon with my wife(who doesn't have Canada PR/Travel Visa). I wanted to check if :
  1. I can apply for open work permit for my spouse before moving to Canada. Or it could be done only once we move to Canada and I sponsor her PR application.
  2. Also, does she require a job offer in Canada for applying the open work permit.
 

scylla

VIP Member
Jun 8, 2010
93,148
20,640
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am a Canadian PR holder currently living in US. I plan to move to Canada soon with my wife(who doesn't have Canada PR/Travel Visa). I wanted to check if :
  1. I can apply for open work permit for my spouse before moving to Canada. Or it could be done only once we move to Canada and I sponsor her PR application.
  2. Also, does she require a job offer in Canada for applying the open work permit.
1. No - you cannot. Both of you must be physically in Canada and you must sponsor her for permanent residency using the inland route. You can then include an open work permit with the inland sponsorship application that will be approved in approximately four months. Open work permits are only available with inland sponsorship. If you sponsor her outland (meaning she is outside of Canada), no open work permit is available.
2. No - she doesn't.
 
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Reactions: rahu22

scylla

VIP Member
Jun 8, 2010
93,148
20,640
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add - also not that you must be physically in Canada to sponsor her either through the inland or outland route since you are a PR. You must also continue living in Canada while the application is processed.
 

rahu22

Member
Sep 30, 2018
16
0
1. No - you cannot. Both of you must be physically in Canada and you must sponsor her for permanent residency using the inland route. You can then include an open work permit with the inland sponsorship application that will be approved in approximately four months. Open work permits are only available with inland sponsorship. If you sponsor her outland (meaning she is outside of Canada), no open work permit is available.
2. No - she doesn't.
Thanks for the explanation. I would want me and my wife to move to Canada together. That being said, I can have my wife enter Canada on Temp resident (Tourist) visa and begin her PR/open work permit application while staying in Canada.
I believe the tourist visa is mostly issued for a short duration (approx 6 months stay). Is it possible for her to stay with me in Canada for longer duration while the PR application is pending.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
Thanks for the explanation. I would want me and my wife to move to Canada together. That being said, I can have my wife enter Canada on Temp resident (Tourist) visa and begin her PR/open work permit application while staying in Canada.
I believe the tourist visa is mostly issued for a short duration (approx 6 months stay). Is it possible for her to stay with me in Canada for longer duration while the PR application is pending.
Chances of a TRV approval for the spouse of a Canadian PR are pretty slim. That's because IRCC would not like the spouse to wait out the PR processing in Canada.

If you plan to move soon, there is a possibility your wife may not able to accompany you right away on a TRV or she may not be able to move to Canada until her PR app is approved.


1. Is she employed in the US?
2. When do you intend to move back?
 

rahu22

Member
Sep 30, 2018
16
0
Chances of a TRV approval for the spouse of a Canadian PR are pretty slim. That's because IRCC would not like the spouse to wait out the PR processing in Canada.

If you plan to move soon, there is a possibility your wife may not able to accompany you right away on a TRV or she may not be able to move to Canada until her PR app is approved.


1. Is she employed in the US?
2. When do you intend to move back?
1. My wife is not employed in US yet.
2. We plan to move to Canada by the end of the year.

I want to give TRV a try and see if i can get it for my spouse. It will be difficult situation for me if i have to wait for her PR to arrive in Spouse category for her to enter Canada as the processing time for that is ~ 12 months (and i couldn't sponsor her if I am not inside Canada).
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
1. My wife is not employed in US yet.
2. We plan to move to Canada by the end of the year.

I want to give TRV a try and see if i can get it for my spouse. It will be difficult situation for me if i have to wait for her PR to arrive in Spouse category for her to enter Canada as the processing time for that is ~ 12 months (and i couldn't sponsor her if I am not inside Canada).
It would have helped if you intended to stay in the US for some more months + if she could prove that both of you will return to the US after a short visit. Under the present circumstances, your spouse has no reasons to return to the US.

She can certainly try for a TRV, but I would not keep my hopes high on getting an approval
 

rahu22

Member
Sep 30, 2018
16
0
It would have helped if you intended to stay in the US for some more months + if she could prove that both of you will return to the US after a short visit. Under the present circumstances, your spouse has no reasons to return to the US.

She can certainly try for a TRV, but I would not keep my hopes high on getting an approval
Yeah, we are not strict on the move timeline and can easily push it by few more months. I will show my current employment + investments in the US as reason to return back after a short Canada trip. Hopefully it works out.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
Yeah, we are not strict on the move timeline and can easily push it by few more months. I will show my current employment + investments in the US as reason to return back after a short Canada trip. Hopefully it works out.
These cases may help you (TRV + spousal PR later):
https://www.canadavisa.com/canada-immigration-discussion-board/threads/which-countries-to-visit-to-improve-travel-history-significantly.482769/#post-5899276

https://www.canadavisa.com/canada-immigration-discussion-board/threads/questions-regarding-trv-visa-application.570077/#post-7065229