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Advice needed on inland spousal sponsorship!

Advice needed on inland spousal sponsorship!

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Old Jun 9th 2015, 8:27 am
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Default Advice needed on inland spousal sponsorship!

Hi,

My Spouse is a Canadian Citizen and I am a British Citizen. We have both decided to move to Canada from our current residence for the last 2 years in Bangladesh. We plan to leave in about 6 weeks.

I need help with a few clarifications.

1) Since I plan to apply for a work permit and PR do I need to mention anything once I land at immigration? Does dual intent fall in this category? Will they want to see my financial capabilities or anything else?

2) I read for inland application for PR and Work permit that they should be handed in at the same time and it can take a minimum of 4 months to get a WP. Is it possible to get a temporary Work permit in any faster way while I wait?

3) Since We plan on leaving Bangladesh permanently are there any documents that need to be collected from here before I move? Like medical check up or police report?

4) Are there any special forms for spousal WP for Inland application?

5) Lastly am I going about this in the correct and most efficient way?

Thanksss
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Old Jun 9th 2015, 8:39 am
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Default Re: Advice needed on inland spousal sponsorship!

Hi, and welcome to BE.

Originally Posted by royalt
1) Since I plan to apply for a work permit and PR do I need to mention anything once I land at immigration? Does dual intent fall in this category? Will they want to see my financial capabilities or anything else?
You won't come under 'dual intent', as you haven't applied for PR yet. To be considered 'dual intent' (and therefore be allowed in to Canada whilst you wait for PR), you need to have submitted an application for PR via outland spousal sponsorship, and really to have got to the first stage i.e. sponsor approval.

Tbh, if you haven't yet applied for PR then there's no way I'd be considering trying to move to Canada - if you turn up without sponsor approval and/or proof of an application in progress, with a Canadian wife, and presumably all your worldly possessions and no ties to Bangladesh, you're likely to be refused entry.

Originally Posted by royalt
2) I read for inland application for PR and Work permit that they should be handed in at the same time and it can take a minimum of 4 months to get a WP. Is it possible to get a temporary Work permit in any faster way while I wait?
If you can find an employer prepared to do an LMIA app, then possible. If you come under high skilled and/or high salary, then your LMIA should be processed in about 10 working days, and you could then get a TWP. However, depending on how specialist your skills are and what job you do, finding an employer prepared to spend $1000 and do all the paperwork for a LMIA app could take a while anyway, so you may well find that you get the spousal TWP before then anyway.

Originally Posted by royalt
3) Since We plan on leaving Bangladesh permanently are there any documents that need to be collected from here before I move? Like medical check up or police report?
Police report possibly (I've no idea how you get a police cert for Bangladesh i.e. if it can be done online or not), medical you can have done there if you want to or wait until you get to Canada if you are admitted.

Originally Posted by royalt
4) Are there any special forms for spousal WP for Inland application?
Yes, you do need to make sure you've got the right set of forms, there is a set for Outland and a set for Inland.

Originally Posted by royalt
5) Lastly am I going about this in the correct and most efficient way?
IMO, no. Inland apps are really for those already living in Canada i.e. there on a work permit or study permit, and not for those who live outside Canada. You run a high risk of being refused entry, plus even if you do get in you'll then be stuck in Canada for a long time whilst PR is processed, and there's no guarantee you'll be able to get a work permit for the while time as the spouse work permit is only a pilot project and could be cancelled at any time.

Personally, if I were you I'd get an outland application in asap, then move once you've got sponsor approval (you might just manage that within your 6 weeks timeframe), so you can enter Canada under dual intent. I know it would mean you can't get a work permit, but it would be much more secure and also quicker - if you applied now you should have PR by about the end of the year going on current timescales.

JMO though, I'm sure others will be along to share some advice shortly - look out for posts by Schnookoly as she's our resident spousal expert, and her advice is to be listened to. She may completely disagree with me, in which case ignore all I've said above completely!

Best of luck with it.
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Old Jun 9th 2015, 8:54 am
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Default Re: Advice needed on inland spousal sponsorship!

Originally Posted by christmasoompa
Hi, and welcome to BE.



You won't come under 'dual intent', as you haven't applied for PR yet. To be considered 'dual intent' (and therefore be allowed in to Canada whilst you wait for PR), you need to have submitted an application for PR via outland spousal sponsorship, and really to have got to the first stage i.e. sponsor approval.

Tbh, if you haven't yet applied for PR then there's no way I'd be considering trying to move to Canada - if you turn up without sponsor approval and/or proof of an application in progress, with a Canadian wife, and presumably all your worldly possessions and no ties to Bangladesh, you're likely to be refused entry.



If you can find an employer prepared to do an LMIA app, then possible. If you come under high skilled and/or high salary, then your LMIA should be processed in about 10 working days, and you could then get a TWP. However, depending on how specialist your skills are and what job you do, finding an employer prepared to spend $1000 and do all the paperwork for a LMIA app could take a while anyway, so you may well find that you get the spousal TWP before then anyway.



Police report possibly (I've no idea how you get a police cert for Bangladesh i.e. if it can be done online or not), medical you can have done there if you want to or wait until you get to Canada if you are admitted.



Yes, you do need to make sure you've got the right set of forms, there is a set for Outland and a set for Inland.



IMO, no. Inland apps are really for those already living in Canada i.e. there on a work permit or study permit, and not for those who live outside Canada. You run a high risk of being refused entry, plus even if you do get in you'll then be stuck in Canada for a long time whilst PR is processed, and there's no guarantee you'll be able to get a work permit for the while time as the spouse work permit is only a pilot project and could be cancelled at any time.

Personally, if I were you I'd get an outland application in asap, then move once you've got sponsor approval (you might just manage that within your 6 weeks timeframe), so you can enter Canada under dual intent. I know it would mean you can't get a work permit, but it would be much more secure and also quicker - if you applied now you should have PR by about the end of the year going on current timescales.

JMO though, I'm sure others will be along to share some advice shortly - look out for posts by Schnookoly as she's our resident spousal expert, and her advice is to be listened to. She may completely disagree with me, in which case ignore all I've said above completely!

Best of luck with it.
Thanks for your quick reply!

Now you got me a bit worried

Would it be better then if I arrive with a return ticket and say that I am visiting with my spouse?

If I am granted entry then could I apply for PR and work permit?

Thanks
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Old Jun 9th 2015, 9:15 am
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Default Re: Advice needed on inland spousal sponsorship!

Originally Posted by royalt
Now you got me a bit worried
Sorry. It's just that you seem to be doing it the wrong way round, as you're outside Canada an outland app is generally the way to go. Inland isn't usually used in your situation and the tricky bit will be getting in Canada and being able to stay long enough whilst you get PR.

Remember that if you leave Canada and have an outland app is process, your application could be considered abandoned - so if you don't manage to get a work permit for any reason, or you do but it's only valid for a year and then you have to leave, you could waste your entire application.

Originally Posted by royalt
Would it be better then if I arrive with a return ticket and say that I am visiting with my spouse?
A return ticket is essential, but what else can you show to prove you'll be returning to Bangladesh at the end of your visitor stay if asked? i.e. a job to return to, a house, etc? You need to think of it from an immi officer's point of view, you're turning up and asking to be admitted as a visitor, but you're with your Canadian spouse and freely admitting that you plan to apply for PR, so that goes against your supposed visitor intentions! So think what you can show to prove you'll return if necessary.

Originally Posted by royalt
If I am granted entry then could I apply for PR and work permit?
Yes, of course (with the caveat that, as above, the work permit pilot scheme is still in place by then - there's no guarantee of that though, and that you are in 'legal status').

HTH, good luck.
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Old Jun 9th 2015, 1:41 pm
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Default Re: Advice needed on inland spousal sponsorship!

Originally Posted by christmasoompa
Sorry. It's just that you seem to be doing it the wrong way round, as you're outside Canada an outland app is generally the way to go. Inland isn't usually used in your situation and the tricky bit will be getting in Canada and being able to stay long enough whilst you get PR.
I completely agree with Oompa on this, you are not doing this the right way around and are likely to be refused entry. You can't just move to Canada with no ties back to Bangladesh or anywhere else. Ultimately you will be entering Canada as a visitor, and if you've up and closed up all your ties back to Bangladesh and it's obvious you are moving to Canada (or back to Canada, in the case of your spouse) then it's highly likely you'll be refused entry since you can't just choose to live in Canada without any permission to do so. As Oompa said, Dual Intent only applies when you have already submitted an application and are looking to wait in Canada while it's being processed, but you have to have already submitted it, and in 99% of cases, it's an outland application, not an inland one.

Remember that if you leave Canada and have an outland app is process, your application could be considered abandoned - so if you don't manage to get a work permit for any reason, or you do but it's only valid for a year and then you have to leave, you could waste your entire application.
Oompa, I think this is a typo - should be "if you have an inland app and you leave Canada..."?

Once you have your OWP in hand then travelling in and out of Canada is way easier, but if you have to leave Canada and you don't have an OWP then Oompa is exactly correct, you risk your application being classified as abandoned as you have to maintain residency for the entirety of the application.
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Old Jun 9th 2015, 2:07 pm
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Default Re: Advice needed on inland spousal sponsorship!

Originally Posted by SchnookoLoly
I completely agree with Oompa on this, you are not doing this the right way around and are likely to be refused entry. You can't just move to Canada with no ties back to Bangladesh or anywhere else. Ultimately you will be entering Canada as a visitor, and if you've up and closed up all your ties back to Bangladesh and it's obvious you are moving to Canada (or back to Canada, in the case of your spouse) then it's highly likely you'll be refused entry since you can't just choose to live in Canada without any permission to do so. As Oompa said, Dual Intent only applies when you have already submitted an application and are looking to wait in Canada while it's being processed, but you have to have already submitted it, and in 99% of cases, it's an outland application, not an inland one.
Hi,

Thanks so much for your reply.

To give some more information. I will still have a running business in Bangladesh and a house so it shouldn't seem like im moving permanently.
I also have a degree in Computer Science so should fall under highly skilled labour.

To explore other options,

1) Would it be possible to do an outland PR application while im in Canada?

2) Would it also be possible to apply for OWP simultaneously?

3) Can I chooses the destination for my outland application? eg London? cause I heard its faster than Singapore which is the current processing location for Bangladesh I believe.

4) What are the chances I might get an OWP if I do an Inland Spousal application? Is it low?

5) If Im correct outland application is the way to go? Also if you may have an idea of time frame?
Thankss
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Old Jun 9th 2015, 2:16 pm
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Default Re: Advice needed on inland spousal sponsorship!

Alright, you are at the point now where you need to do some reading on the wiki as most of your questions are answered there. IT's linked in the blue bar at the top, just type "spousal" in the search and it should pop right up. It's also linked from the FAQ, which is in my signature.

Originally Posted by royalt
Hi,

Thanks so much for your reply.

To give some more information. I will still have a running business in Bangladesh and a house so it shouldn't seem like im moving permanently.
I also have a degree in Computer Science so should fall under highly skilled labour.

To explore other options,

1) Would it be possible to do an outland PR application while im in Canada?
Answered in the wiki.

2) Would it also be possible to apply for OWP simultaneously?
Answered in the wiki.

3) Can I chooses the destination for my outland application? eg London? cause I heard its faster than Singapore which is the current processing location for Bangladesh I believe.
Sort of answered in the wiki but I'll write this one out. No, you can't choose the office. The office that processes your application is based on either residency or citizenship. Assuming you are let into Canada as a visitor, then wait 12 months to apply as common-law, you can say that you still maintain your official residency in Bangladesh (which you technically do) but you have been in Canada for 12 months as a visitor, so it's likely your application would go to London based on your citizenship being British. No guarantees, though.

4) What are the chances I might get an OWP if I do an Inland Spousal application? Is it low?
No, I think the only qualifications you need to get an OWP is to apply inland and to generally be in legal status in Canada. I don't believe there's anything more to it than that.

5) If Im correct outland application is the way to go? Also if you may have an idea of time frame?
Thankss
I'd personally go outland. Timelines are outlined in the wiki and in the spreadsheet linked in my signature.
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Old Jun 9th 2015, 2:55 pm
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Default Re: Advice needed on inland spousal sponsorship!

Originally Posted by SchnookoLoly
Oompa, I think this is a typo - should be "if you have an inland app and you leave Canada..."?
Ooops, yes I did.

Originally Posted by royalt
I also have a degree in Computer Science so should fall under highly skilled labour.
Your degree won't make a difference, to qualify for 10 day processing for a LMIA based on your job, you'd need to come under one of these occupations - Unemployment, Median Wages, 10-day Speed of Service Trades Tables | ESDC

So realistically, unless you can find an employer prepared to pay the $1000 and do all the paperwork for your LMIA immediately, and unless you come under the 10 day processing, you'll need to have enough funds as a back up for a few months until you can get a TWP, whether you apply inland or outland.

HTH, good luck.
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