What happens next when you are deemed applying from outside Canada?

[James W]

Hi! I am a Canadian who is married to a Japanese native. I moved my family to Canada in Aug 2017. We have a place there and our kids are enrolled at local schools. Our kids are Canadian citizens but my wife is not. She has been in Canada on a visitor visa ever since. Of course I had extended her visa status. After obtaining all the required region specific documents for my wife, and gathering all the application forms, we submitted the entire Family Class application to Canada immigration. Included with the main application was an application for my wife to work. On Jan 10, immigration called my wife and wanted to speak to me. My wife transferred the phone to me in Japan. The officer said that I am applying for my wife from overseas. At that time I said yes but the application was mailed in Canada. The officer then said that they are returning the work permit application. I asked the officer whether I did something wrong, and the officer said no. What should I expect next? Will they consider our application. In the application, I told them that I am moving back this summer. Since my kids are Canadian citizens, will immigration consider my wife's application for status in Canada? My children need their mom! I also told immigration that I have to work until March when my contract ends. I also have to file income tax with the Japan tax agency and then get it translated to English for my accountant in Canada to file on my behalf. Please advise me.

Thank you!

James

 

[YVR123]

Did you use the application "inside" canada? This is the only one that allow the applicant to get OWP during the process.

However, one requirement for the "inland" application is that the sponsor and the applicant live together inside canada. If you are not planning to come back soon, you may apply using the "outland" package. But your wife do not have the option to apply for OWP.

The officer doesn't seem alarm, so may be you applied using "outland" but just incorrectly included the OWP with it.

 

[scylla]

Hi! I am a Canadian who is married to a Japanese native. I moved my family to Canada in Aug 2017. We have a place there and our kids are enrolled at local schools. Our kids are Canadian citizens but my wife is not. She has been in Canada on a visitor visa ever since. Of course I had extended her visa status. After obtaining all the required region specific documents for my wife, and gathering all the application forms, we submitted the entire Family Class application to Canada immigration. Included with the main application was an application for my wife to work. On Jan 10, immigration called my wife and wanted to speak to me. My wife transferred the phone to me in Japan. The officer said that I am applying for my wife from overseas. At that time I said yes but the application was mailed in Canada. The officer then said that they are returning the work permit application. I asked the officer whether I did something wrong, and the officer said no. What should I expect next? Will they consider our application. In the application, I told them that I am moving back this summer. Since my kids are Canadian citizens, will immigration consider my wife's application for status in Canada? My children need their mom! I also told immigration that I have to work until March when my contract ends. I also have to file income tax with the Japan tax agency and then get it translated to English for my accountant in Canada to file on my behalf. Please advise me.

Thank you!

James

You don't qualify to sponsor her for PR inland. In order to do that, you must be physically live in Canada right now and living with your wife. Open work permits are only granted with inland applications. So including an open work permit application was wrong.

It sounds like IRCC will be treating the application as an ouland application - which is good - that's what you qualify for right now. Your wife will not qualify for a work permit while she waits but can remain in Canada. You will need to keep extending her visitor status until the application is approved.

 

[James W]

You don't qualify to sponsor her for PR inland. In order to do that, you must be physically live in Canada right now and living with your wife. Open work permits are only granted with inland applications. So including an open work permit application was wrong.

It sounds like IRCC will be treating the application as an ouland application - which is good - that's what you qualify for right now. Your wife will not qualify for a work permit while she waits but can remain in Canada. You will need to keep extending her visitor status until the application is approved.

Thank you for the hard truth!