Clearpupil

Hi I am living and working in Canada with a TWP, applying for PR via spousal route as the wife is Canadian, now into 17th month. However the TWP runs out in 6 months. Must I extend it and how best to go about it? Can I leave Canada in the meantime say for a 2 week break and could this disrupt the PR application?

Thank you

Ontheroadoflife

The expert will come on later...but...if you have done 12 months together unbroken (and can prove it) then a short break now will be fine, however when you say your spousal application is in it's 17th month, is that your actual relationship or the application?

If you haven't even applied now...then..take a thwap to the head, and get your forms in, until CIC get the forms and at least send something back...you are only TWP nothing more, if you're forms are in and some sort of record is there, then options are open to you, coming back as a visitor etc under dual intent.

May I humbly point you to the WIKI article on the site (found in the links at the top) that goes into spousal sponsorship in greater detail.

And welcome to the forum.

For the record if you did apply in the next couple of weeks and everything went okay, you could have PR in 8-9 months...so at worst in that case you would be out of status for 3 months, and as you get 90 days to apply to resume status you wouldn't need to leave Canada until those 90 days are up, and if you had (and I'm sure you would) submitted a PAPER application for an extension of your Work permit then work on assumed status while awaiting the decision, which will take (at present) 60 plus days to process before they refuse you (then those 90 days start counting off that I mentioned)...you would be out of work for maybe 30 days...over christmas..shame that.

If I'm wrong then it will be pointed out.

Ontheroadoflife

Just re-reading the title, have you applied already inland..as 27 months is the current processing of Inland applications..if you have, are you aware you are entitled to a 12 month OPEN work permit under the pilot project while your application is being processed?

orly

If he/she is married then time apart isn't really a worry. That's just for "partners" if it's a common-law situation.

SchnookoLoly

OP, if you applied inland, i would be extremely wary about leaving Canada. While there is nothing stopping you from travelling, you run a huge risk if you are refused entry back into Canada. Should you be refused entry, your inland application could be considered abandoned and rejected because you are no longer resident in Canada, which is one of the requirements for inland applications.

If you applied outland then this is not an issue.

If you applied inland, did you include an application for an open work permit with your application??

We really can't offer more advice until we know if you applied inland or outland.

Clearpupil

Thank you for all your advice, it's so good to be able to speak to people who can shed some light in this area. I have applied inland and the waiting time is theoretically 27 months.
I received a message today requesting a medical checkup as part of the PR so there's hope. My work permit runs out soon (6 months) and thank you for the news on the open work permit which I guess I will be needing soon.

Ontheroadoflife

As above, if you are already in an inland application then just apply for the open work permit in a couple of months time (max 4 months to process the application for it), it's a one year permit and it comes as part of the deal, you could have sent off for it at the time of applying, but it can be applied for separately.

Hope that helps

SchnookoLoly

Apply for your OWP, like, now.

That will give you implied status and you can continue working under the conditions of your existing TWP until you receive a decision on your OWP application. If the decision is positive then great, just go flagpole and switch permits. If the decision is negative (unlikely) then you must stop working immediately.

You *should* have the OWP decision within 4 months, but at least you can keep working under implied status if the decision takes longer than your TWP validity.

Good luck!

(PS: I am about 95% sure I am right on the TWP/implied status thing, hopefully someone else can step in and correct me if I'm wrong!)

Ontheroadoflife

Same as you, not sure...but as he is not extending his permit with same employer, rather doing a totally new application I would say no...unless he applies to extend his work permit also (which would give him implied status) but that would mean 2 work permit fees.

SchnookoLoly

If you apply for a new work permit, you can continue working under the conditions of your existing work permit - it doesn't have to be the same category. The original work permit does have to be extendible - TWPs are extendible and thus OP can benefit from implied status by applying for the OWP.

That's my understanding at least...

Edited to add: For the record for others reading: IEC IS NOT THE SAME THING! IEC is not an extendible work permit and therefore implied status does not apply. /beatdeadhorse

Ontheroadoflife

Ah, I was confused by it being 2 different visas (with two different applications) rather than a continuation. As you said however it is a mute point, as if he has done nothing wrong then the OWP is practically in his hands already with an ongoing application Inland.

Not being a mod, I can go a bit further than you, and say that permit is 99.99% guaranteed, especially if his partner has been found eligible to sponsor already. Very much a rubber stamp affair. I'm waiting to see if the Government renew these (they did state at the time it would be reviewed in a case by case basis as required), as if they do then it will actually be a very attractive route for those couples who need 2 incomes immediately, who are not that bothered when the applicant gets PR, as long as they are legal and can work.

As someone with this decision pending in November I must admit I'm swithering between the two routes..Outland, all done and dusted in 11 months, but need to go home to the UK to work until approved and be apart from my new wife as I couldn't handle this long not working again. Inland, be together immediately and if they re-new the only casualty is losing a bit of time on obtaining PR..whats that against being together...nowt.

SchnookoLoly

Yeah, I often suggest NEW applicants to go outland instead of inland... but in this case, might be worth just getting the OWP and cracking on with it at this point. Going outland won't change much. And assuming I have the implied status thing correct here (I've asked someone to verify this just as I'm not completely certain but am pretty sure) then this method allows OP to keep working.

Not a mod, just a concierge - just means I get to make newbies feel welcome, I get no special privileges! Also worth noting then that mods don't necessarily know more or less than others in terms of immigration stuff, they are more around to enforce the site rules and make sure no one is throwing their toys out of the pram.

But I agree about the work permit - I can't recall any inland applications who have had their OWPs rejected so far... however, your point about the partner being found eligible to sponsor doesn't make sense because stage 1 on inalnd applications, which includes sponsor approval, takes 17 months, whereas CIC has committed to issuing work permits within 4 months of applying... so no inland applicants with an OWP issued under the pilot will have sponsor approval yet.

There are other pros and cons for which route you pick as well that are worth considering, these are all outlined in the wiki article. Before the OWP pilot program, outland was VASTLY more attractive, particularly for applications via offices with processing times of less than a year (London, Paris, USA, etc). It now comes down to how quickly someone wants the process just over and done with... I still generally think outland is better, but that's just my opinion, and I am the first to admit that it's not right for everyone - it is often a case-by-case basis.

Ontheroadoflife

I was under the impression the OP was 17 months into an Outland application, and as he personally was being asked for medicals etc then I assumed his sponsor had been found eligible...But I agree, if I go that route, my first permit will be issued even before my spouse is looked at.

Steve_

27 months? WTF??

If I was you I'd be writing to my MP. Get the wife to sign the letter.

That just boggles my mind. I mean, you're married. It's pretty straightforward.

Ontheroadoflife

Thats the usual time inland Steve, it takes CIC 17 months just to determine if the spouse is eligible to sponsor..yet 2-3 months if you apply to the London office. Then checking all the bits and bobs for the person sponsored, the work permits only came in because one chap managed to get the press involved and the minister brought in the 1 year pilot post-haste, so that a married person (with possibly the best reason to be here) could at least work and support the family (prior to that you had no right to work while awaiting your decision on PR)..but no one knows yet if these will be renewed. Honestly if I had 18,800 pounds i would take my partner back to the UK rather than stay...thats what the UK government want in the bank to prove I can support her...needless to say after 8 months waiting for a work permit I don't even have 18,800 pence...so stuck between the devil and the deep blue sea.