GillG

Hi everyone, just looking for some advice about this from those who know please. I've got together all the forms I need for Spousal Sponsorship and intend to submit a.s.a.p. (on an in-class basis, have been over this and am determined to stay here in Canada to be with my husband during processing for various reasons). My question is this:

Technically, I would have to return to the UK at the end of March (visitor's visa would run out then). I want to work here a.s.a.p. in any capacity (was an academic until I came here) SO do what exactly is the additional form I have to submit along with the Spousal Sponsorship paperwork? I see it's called an 'Open Work Permit' but according to the on-line forms it's an Application to Change Conditions or Extend Your Stay? Which is right, please, as I can't find an Open Work Permit on-line anywhere.

Thanks very much.

Gill

christmasoompa

Yep, you're applying to 'change conditions' so you've got the right forms.

I'm not sure on the form, but I did just want to pick up on this point for the sake of anybody else reading that's looking to apply via the same route - you don't have to leave Canada to apply outland, you can do so from Canada. And unlike 'inland' processing, you can leave Canada whilst it's being processed.

If your only reason for choosing inland is not wanting to leave Canada then you might want to look at an outland app instead, you could get PR within a couple of months if it's sent to Ottawa for processing, which would mean being able to work much sooner than with an outland app (although of course, if it's sent to London, it may take about the same time or a bit longer).

Nope. You aren't supposed to leave Canada at all if you're applying inland, that's a factor for many choosing outland (i.e. if there is a family emergency in the UK you have to choose between not going or abandoning your application), but you can just apply to extend your status online so there's no need to go anywhere. Spousal Sponsorship-Canada : British Expat Wiki

Also, just checking, but have you used the new forms? If not, make sure you submit before 31st Jan, as you can't use the old ones after that date.

SchnookoLoly

+1 to everything Oompa said. Read the wiki article to understand the differences between inland vs outland. There's a spreadsheet linked in my signature that tracks processing time, including breakdowns by office (as some applications get sent to Ottawa instead of London, and if you're one of those lucky ones, then you can expect PR in about 4ish months; London averages about 11).

Tototoro

You take the risk when leaving Canada after applying Inland. My wife and I have submitted an Inland application for her while she is on her IEC, but we will be heading over to England for 18 days in February as she just gave birth to our first child in May and would like to visit. We are travelling together as a family but we understand that we are taking a risk. With her IEC valid and travelling as a family, I hope we have no issues! =)

christmasoompa

Shouldn't be any issue at all, that's what the Inland process is designed for i.e. those on valid permits (IEC/work permit/study permit) that are applying to change status via marriage to a Canadian citizen or PR. It's only those on visitor status that are essentially 'land locked' and risk their application being abandoned if they leave. So she should be absolutely fine getting back in to Canada, enjoy the trip.

Snowy560

In my opinion you always take a risk if you choose to leave Canada having filed an inland application no matter what kind of permit you are on. Probably for someone who is visa exempt, has a work permit and is traveling with their Spouse for a short trip the risk is smaller but there's always a risk.

S

GillG

Thanks, I have also read that going 'back home' for visits can be an issue. We had to go back to Northern Ireland for the funeral of my husband's brother over Christmas, but are hoping that the processing people will at least have some compassion about this. In the meantime, I have also read that if I am just on a temporary visitor visa, if I use my return flight (the 6 months' one), I might not be allowed back in Canada, and I'm not taking that chance, as my husband is not in the best of health. Good luck with your visit and congratulations!

GillG

Thanks, I know, it appears you are at the mercy of individual processors. I will also be submitting a visa extension/open work permit application at the same time as spousal sponsorship to try to cover all the basis, then just

GillG

Phew, that's a relief, thanks for that information, it puts my mind at rest a little!

christmasoompa

Sorry, but I was actually responding to Tototoro, they are in very different circumstances as his wife is on an IEC (work permit), so can enter and reenter and has a visa that is valid for 2 years. You absolutely shouldn't leave Canada unless you want to risk abandoning your application, that's the downside of applying via Inland if you're only visiting, you're essentially 'land locked', so the advice would be different in your situation.

But as above, you can just apply online to extend your visitor status and fingers crossed it's approved.

HTH.