Spouse Work Permit - I'm Canadian, spouse is not.

[CanadaAfricaguy]

Hi,

I have a situation that is probably not unique. I am a Canadian citizen (multiple generations) and my wife is from Africa. I have been married to her for 5 1/2 years, and I have been supporting her, our daughter, and my stepdaughter and stepson living there while I tried to sort out things with stable work in Canada and/or finding work in her country. Unfortunately, after a long period I cannot find work overseas, and have to focus on finding work in Canada or elsewhere.

I wanted to bring her here so that she can work alongside me to save money in order to bring the children to Canada, as it is very difficult for me to support two homes. Her mother is currently watching the kids, and they are going to school there, and my wife has now joined me in Canada (under a multiple-entry visa). My wife is not a skilled worker and also she cannot find her Grade 12 papers from years ago, and so we are starting from a hard place.

I cannot yet apply for permanent residency, as our situation for sponsorship is difficult with me not having a stable job right now (just ended a contract, and seeking work), and so I was hoping for her to get a work permit before our savings run out, and before I land another job (which seems imminent).

I'm concerned that the system is not set up to help me and my wife, so I'm seeking advice on the best steps to do.

Perhaps there are immigrant associations or other associations that can help us. I cannot afford a lawyer at this time due to our financial situation

I sure hope someone out there has knowledge about how I can work through this. We are desperate.

Thank you in advance,
Brian

 

[profiler]

Hi,

I have a situation that is probably not unique. I am a Canadian citizen (multiple generations) and my wife is from Africa. I have been married to her for 5 1/2 years, and I have been supporting her, our daughter, and my stepdaughter and stepson living there while I tried to sort out things with stable work in Canada and/or finding work in her country. Unfortunately, after a long period I cannot find work overseas, and have to focus on finding work in Canada or elsewhere.

I wanted to bring her here so that she can work alongside me to save money in order to bring the children to Canada, as it is very difficult for me to support two homes. Her mother is currently watching the kids, and they are going to school there, and my wife has now joined me in Canada (under a multiple-entry visa). My wife is not a skilled worker and also she cannot find her Grade 12 papers from years ago, and so we are starting from a hard place.

I cannot yet apply for permanent residency, as our situation for sponsorship is difficult with me not having a stable job right now (just ended a contract, and seeking work), and so I was hoping for her to get a work permit before our savings run out, and before I land another job (which seems imminent).

I'm concerned that the system is not set up to help me and my wife, so I'm seeking advice on the best steps to do.

Perhaps there are immigrant associations or other associations that can help us. I cannot afford a lawyer at this time due to our financial situation

I sure hope someone out there has knowledge about how I can work through this. We are desperate.

Thank you in advance,
Brian

Hi Brian,
There is no low income assessment for spousal sponsorships. You just need to prove how you have not and do not expect to not have to use Social Assistance.

That said, with her in the country you have two options:
Apply outland which is generally faster, but she cannot work. You will need to maintain her status while she is here, and any interviews would need to be conducted overseas.

Apply inland which is generally slower, but she can apply for an Open Work Permit. This will allow her to work, and to maintain status here in Canada. It is recommended that she not leave Canada until they are finished processing. The CBSA could refuse re-entry, which could cause CIC to deem the application abandoned.

Both options are available, and have pro's and con's associated to them.

 

[CanadaAfricaguy]

Thank you for your reply.

So, I can prove that I have a plan for getting further work, many interviews and job applications, and so on.

She has a multiple-entry visa that is good until 2021, and so has no issue with going and coming.

I only want to get her an OWP right now, so that we can start saving money, and to safeguard the children who will remain with their grandmother for now.

What is the best way of doing this?

I apply Outland, then my wife will need to return to her home country, and this will be too expensive an option for now.

Any ideas on that?

I am so stressed about worrying about everything.

Thanks

 

[profiler]

Thank you for your reply.

So, I can prove that I have a plan for getting further work, many interviews and job applications, and so on.

She has a multiple-entry visa that is good until 2021, and so has no issue with going and coming.

I only want to get her an OWP right now, so that we can start saving money, and to safeguard the children who will remain with their grandmother for now.

What is the best way of doing this?

I apply Outland, then my wife will need to return to her home country, and this will be too expensive an option for now.

Any ideas on that?

I am so stressed about worrying about everything.

Thanks

First, what you need to do is take a deep breath. Approaching the situation stressed might only make it worse . Relax, it's not so terrible.

The OWP is only available through the inland route. She could apply for a closed work permit, but would have to get an employer to fund a Labour Market Impact Assessment (LMIA).

Outland doesn't mean she has to be outside of Canada, except in the case that she is requested for an interview. That said, the MEV isn't enough to maintain status. That only allows her xx days (usually 180) every entry. So she would need to apply for a TRV, or do border runs (not recommended).

 

[Ponga]

As profiler mentioned, she can submit an Outland application from within Canada. She must then apply to renew her visitor status if it is set to expire before her PR has been processed.

If working is the priority, she'll have to submit an Inland application and remain in Canada for the duration of the process...which could be close to 2 years.

The Immigration Minister is apparently making a major announcement tomorrow, regarding family reunification, that may include updates on processing times.

Do you have the citizenship papers for your daughter?

 

[profiler]

The Immigration Minister is apparently making a major announcement tomorrow, regarding family reunification, that may include updates on processing times.

I had a chat with my MP today. I suspect it will be OWP extension + the announcement of the creation of "The Backlog Office". All Spousal cases in Inventory will be processed in SIR until they have a maintainable level and a sustainable system. At least that's what I was told.

So that's my guess .

 

[CDNPR2014]

Outland doesn't mean she has to be outside of Canada, except in the case that she is requested for an interview. That said, the MEV isn't enough to maintain status. That only allows her xx days (usually 180) every entry. So she would need to apply for a TRV, or do border runs (not recommended).

if she's here on a multiple entry visa, couldn't she just apply to extend her stay as a visitor while she's in canada? Why would she need to apply for a TRV? isn't that essentially what a multiple entry visa is and wouldn't she need to apply for that from outside of canada? i'm confused why applying to extend her stay wouldn't be suggested here?

 

[profiler]

if she's here on a multiple entry visa, couldn't she just apply to extend her stay as a visitor? Why would she need to apply for a TRV? isn't that essentially what a multiple entry visa is and wouldn't she need to apply for that from outside of canada? i'm confused why applying to extend her stay wouldn't be suggested here?

Multiple Entry just means the visa can be reused. So in theory yes she could continually apply to extend her stay. A TRV would mean one application, instead of potentially a couple.

EDIT: No you are right, CDNPR2014. MEV is the same as a TRV in essence. Both are visitor visas.

 

[Ponga]

if she's here on a multiple entry visa, couldn't she just apply to extend her stay as a visitor while she's in canada? Why would she need to apply for a TRV? isn't that essentially what a multiple entry visa is and wouldn't she need to apply for that from outside of canada? i'm confused why applying to extend her stay wouldn't be suggested here?

I suggested that.

 

[CDNPR2014]

Multiple Entry just means the visa can be reused. So in theory yes she could continually apply to extend her stay. A TRV would mean one application, instead of potentially a couple.

oh i see. thanks for the clarification!

I suggested that.

so you did... missed it the first time!

 

[CanadaAfricaguy]

Thank you all for your comments. I'm synthesizing all your thoughts into a few next steps:

1) Since my wife already has a multiple-entry visa for the next 4 and half years or so, wouldn't I just need to extend the border stamped entry visa?

2) Do I have to apply for Sponsorship and OWP at the same time? How do I indicate OWP in the application?

3) I can wait to hear what the Minister will say, though it may just be the Backlog files that are dealt with expeditiously and not new one's.

4) I have my daughter's citizenship papers and she also has a Canadian Visa. She has been to Canada two times after she was born, but since January 2015 has been out of country.

I have limited funds and need to make the best application steps so as not to lose money.

My stress levels will reduce. I've tried to work on these papers before, but gave up after financial situation exerted pressure.

Thanks.

 

[profiler]

1) Since my wife already has a multiple-entry visa for the next 4 and half years or so, wouldn't I just need to extend the border stamped entry visa?

Yes you can apply to extend her stay. But this is only required by the time her stamp expires, if you are going Outland. http://www.cic.gc.ca/english/visit/extend-stay.asp . Don't waste this money if you are going inland.

2) Do I have to apply for Sponsorship and OWP at the same time? How do I indicate OWP in the application?

You're best to couple the OWP and the Inland application in the same submission. Here is the paperwork for the OWP: http://www.cic.gc.ca/english/information/applications/extend-worker.asp . The fee is $100 + $155 for the OWP holder fee. To signal it's an OWP, there is a 'Work Permit Type' question, that should be "Open Work Permit". Leave all employer or job descriptions blank. Since she is from Africa, she may require a medical to have a truly open work permit. See: http://www.cic.gc.ca/english/information/medical/medexams-temp.asp .

3) I can wait to hear what the Minister will say, though it may just be the Backlog files that are dealt with expeditiously and not new one's.

They are trying to fix the process is my understanding..

4) I have my daughter's citizenship papers and she also has a Canadian Visa. She has been to Canada two times after she was born, but since January 2015 has been out of country.

Is she Canadian? If she is your biological daughter, she is Canadian. You can apply for her Citizenship.

I have limited funds and need to make the best application steps so as not to lose money.

If this was mine, I would do the inland + OWP. If your daughter is in fact Canadian, then she can travel back here and can remain in Canada while the application is in process.

Fees: $1040 ($75 + $475 + $490) for the Inland and $255 ($100 + $155) for the OWP.

Then in 4 months your wife will have an OWP in the mail.

 

[Ponga]

Thank you all for your comments. I'm synthesizing all your thoughts into a few next steps:

1) Since my wife already has a multiple-entry visa for the next 4 and half years or so, wouldn't I just need to extend the border stamped entry visa?

2) Do I have to apply for Sponsorship and OWP at the same time? How do I indicate OWP in the application?

3) I can wait to hear what the Minister will say, though it may just be the Backlog files that are dealt with expeditiously and not new one's.

4) I have my daughter's citizenship papers and she also has a Canadian Visa. She has been to Canada two times after she was born, but since January 2015 has been out of country.

I have limited funds and need to make the best application steps so as not to lose money.

My stress levels will reduce. I've tried to work on these papers before, but gave up after financial situation exerted pressure.

Thanks.

4. If your daughter is a Canadian citizen (because you are a citizen) how did she obtain a Canadian Visa? She's a citizen; she doesn't need anything more.

 

[CDNPR2014]

Fees: $1040 ($75 + $475 + $490) for the Inland and $255 ($100 + $155) for the OWP.

also note, the $490 right of permanent residency fee is not required upfront, so if you need to save a bit of money at the beginning, you can submit the application without paying that specific fee.

 

[profiler]

also note, the $490 right of permanent residency fee is not required upfront, so if you need to save a bit of money at the beginning, you can submit the application without paying that specific fee.

Yeah, Right, Sorry about that... I forgot. Usually I suggest it's upfront so people can forget about it. But yes, this can be deferred until almost the end of the process.