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ramizs
New Member
New Zealand
12 Posts |
 Posted - July 27 2008 : 19:56:45
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Hi there,
My fiancee and I just got married, few weeks ago. She is a Canadian citizen and I'm a New Zealand citizen, we are gong through the process of spouse sponsorship.
From what I've heard and read, it will take about 6 - 12 months to get the PR finalized and approved (if everything goes ok that is). I'm sure what I'm going to ask is a question as old as time, but I do want to ask and hopefully someone can shed some light on the situation please.
I am back in New Zealand now and I do want to re-unite with my wife again in Canada ASAP. Is there a way I can get a work permit or a temporary work permit for the duration of my wait for the PR status?
I would rather be in Canada and actively looking for a job/working, while waiting for the application to come through as appose to being in New Zealand and not being able to see my wife for 6 months or god knows how long nor be able to look for a job.
Needless to mention, you probably all know about the jobs situation in Canada and how reluctant employers are when it comes to hiring and processing candidates applications who are not Canadian citizens (PR) and who don't have a work permit. If there is such a thing (temporary spousal work permit), it will surely make our lives easier, as we can be together and working while waiting. I'm sure other people have been through this before and I'm just trying to get an understanding to what people did.
With the situation as it stands, we will have to wait for few months for the PR to come through; then once we've got the PR and I can legally work in Canada, I will have to apply for jobs (which will be easier for employers as I will be treated as a Canadian citizen) and then just wait for a month, two, three..etc to look/find a job.
Can someone please let us know
Thanks a lot |
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robbiesluv
Top Member
USA
4378 Posts |
Posted - July 27 2008 : 21:22:27
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Join the club! It would be nice if Canada had such a thing as a spousal work permit - but they don't. And they don't make it that easy for employers who want to hire foreign nationals either. In order for an employer to hire a foreign national, they have to prove that there are no qualified Canadian candidates for the position. If they can do that, they're given approval to offer the position to the FN, and then the FN has to use that "offer" to apply for a restricted work permit . . . you can only work for that employer in that position for a limited amount of time. It's a long process and typically isn't accomplished before you'd normally have permanent status through filing a PR application processed through your country of nationality anyway.
If you need to be able to work, the simplest option is to stay in NZ and apply outland through Sydney. They are finalizing aps in 3-7 months - which isn't really that bad. Once you're finalized, you come to Canada, land, and start looking for a job. The other option is to come to Canada as a visitor and wait out your outland ap, but you can't work - or come to Canada as a visitor and file an inland application. The inland application takes longer to finalize (typically 12-18 months) but after 4-5 months, when you get first stage approval (AIP), you'll be eligible for an open work permit and you can go to work. If you file an extension application designating a change of conditions to a work permit WITH your PR ap, in the same envelope, it gets you the work permit quicker (immediately on first stage approval as opposed to having to wait the 60 days it takes to get one if you apply after you receive AIP) - but in order to do that you have to have your inland application to the Case Processing Center in Vegreville BEFORE the status you got on entry to Canada expires. For applicants from visa-exempt countries like NZ, that's six months. But doing so also gives you "implied status" to remain in Canada legally until you receive a decision on the first stage of the application process. |
Edited by - robbiesluv on July 27 2008 21:23:33 |
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ramizs
New Member
New Zealand
12 Posts |
Posted - July 27 2008 : 22:58:28
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ok, let me see if I got this right.. if I'd to apply from Sydney-Australia, then I can get my PR between 3~7 months period as appose to the 12~18 months wait when applying from within Canada.. However, I would still get a 1st stage approval AIP within 4~5 months if the application woulda been submitted from within Canada which will also enable me to obtain an open work permit..
Which one is the better approach (applying inland from Canada or outland from Sydney-Australia)? Also if applying inland, then, I should (or recommended) file (with the PR application) an extension application implying the change of condition (to a work permit).
hmm.. this is the bit I'm just a confused about "in order to do that you have to have your inland application to the Case Processing Center in Vegreville BEFORE the status you got on entry to Canada expires. For applicants from visa-exempt countries like NZ, that's six months".
So for example if I was in Canada last march and stayed for a month, and came for a visit in June and then went back to New Zealand, would that mean that my application processing date should be before my 6 months visitor visa expires? Can you please elaborate on this?
much appreciated and thanks a lot for your prompt reply.
Cheers
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ginaypp
Senior Member
Canada
356 Posts |
Posted - July 28 2008 : 00:22:42
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If you are applying inland it is a good idea not to leave the country as you may be refused re-entry
If you are going to apply inland you fill out the paperwork, get your fingerprints done and medical done, fill out the paperwork and pay your fees. Then you would submit the application along with an application for a work permit and the receipt for the fees paid for your work permit. This serves two purposes:
1: Once you receive first stage approval you will be granted an open work permit allowing you to work anywhere
2: This alleviates your necessity to "extend" your stay as you will have what's called implied status because you requested and paid for the work permit.
Advantages to applying outland are that it's quicker. Inland definitely takes longer. You can apply outland while visiting in Canada but then you can't work until it is complete. Either way you are looking at a few months not being able to work in canada. |
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ginaypp
Senior Member
Canada
356 Posts |
Posted - July 28 2008 : 00:24:48
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| I should also mention that if you apply outland you would have to file to extend your visitor's visa to be able to stay longer than 6 months. |
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ramizs
New Member
New Zealand
12 Posts |
Posted - July 28 2008 : 01:02:54
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quote:
Originally posted by ginaypp
If you are applying inland it is a good idea not to leave the country as you may be refused re-entry
That certainly complicate things; however I'm not sure why it would cause an issue? I thought if anything it would be better to apply and leave Canada as it will show my good intentions and prove that I'm not an illegal migrant whose scamming to get residency!! |
Edited by - ramizs on July 28 2008 01:04:35 |
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ginaypp
Senior Member
Canada
356 Posts |
Posted - July 28 2008 : 01:25:21
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See that's the difference between inland and outland. Outland applicants are stating that they are residing elsewhere, where as inland applicants are saying they wish to stay and reside here while they wait out the process. You really shouldn't try to leave the country after submitting an inland PR application from my understanding. And if you choose to submit outland you have to show proof of very strong ties and reasons that you will return to your country (however some choose to file outland while waiting here in Canada on a visitor's visa).
Then of course you have to consider that if you are here on an outland application and they decide that they need an interview you have to fly back to your country for that interview..... |
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ramizs
New Member
New Zealand
12 Posts |
Posted - July 28 2008 : 16:43:56
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ok, well we have to way our options and make a decision whether we want to submit submit inland or outland.
Does anyone know what the open work permit application form called please? I do want to download it, fill it in, and submit it with my application.
Thanks for the help. |
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wongn
Top Member
Canada
8680 Posts |
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ramizs
New Member
New Zealand
12 Posts |
Posted - July 31 2008 : 17:08:08
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Hi there,
I've rang up the immigration call center asking for the Change Conditions/Extend stay in Canada as a worker application forms so that I can submit it with my spousal sponsorship application. The lady at immigration told me that I need to be in Canada to submit this application.
I just wanted to cross check this with you guys to see how valid this is!! Is it true that if I'm applying In Land (including open work permit), I will need to be there in Canada for the duration of processing or at least till I get my AIP status?
Can someone please confirm.
Thanks |
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elle3031
Junior Member
71 Posts |
Posted - July 31 2008 : 17:14:50
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| I found the Open work permit to be a huge waste of money. I applied inland, got my OWP and AIP at the same time...with my landing interview scheduled a few weeks later. It was not worth paying 150.00 for the opportunity to work for a few weeks. I thought it would take much longer. But I guess it is a gamble one way or another. |
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ramizs
New Member
New Zealand
12 Posts |
Posted - July 31 2008 : 17:35:12
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i still need to get a confirmation to the below please.
quote:
Originally posted by ramizs
Is it true that if I'm applying In Land (including open work permit), I will need to be there in Canada for the duration of processing or at least till I get my AIP status?
Cheers
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ginaypp
Senior Member
Canada
356 Posts |
Posted - August 01 2008 : 00:50:38
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Yes. It is advisable not to leave for the duration.
As for the PP, my inland application took 7 mos to rec. AIP. Every 3 mos they wanted me to extend my VR. It's been processing for over 18 mos due to a CIC filing error.... Our OWP was good for a year.
My husband is not from a country of interest, holds no crim. record and has been an upstanding citizen both here and in the US. Implied status given by the submission of the OWP is invaluable if it takes any amount of time to reach AIP.
It has cost us 200 to reinstate and extend because of a misunderstanding of the "those out of status can still apply" garbage they posted on their site.
75 to extend VR again.
150 to request OWP (they then lost a piece of paper causing a lag of 10 months without telling us)
150 extension of OWP
Taking this into consideration..... we could have saved ourselves 275.00 if we had submitted for our OWP with the PR package rather than assuming that because our case was so straight forward that CIC would efficiently process it as required. Instead we have been met with delays because of filing errors, BF dates "falling off the system," Med received then renegged and having to retake them.....
DO NOT ASSUME the CIC is even remotely COMPETENT when you have to ask a minimum of 3 CIC call center agents to get an idea of the answer for fear of inaccurate quotes and misinformation. |
Edited by - ginaypp on August 01 2008 00:55:10 |
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canada31
New Member
Chile
29 Posts |
Posted - August 01 2008 : 01:08:58
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Hi guys, just reading some cases here, I'm wondering what does AIP stand for? and what does CPC-M stand for¿
Thanks guys, good luck to all of you! |
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wongn
Top Member
Canada
8680 Posts |
Posted - August 01 2008 : 09:47:19
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quote:
Originally posted by ramizs
Hi there,
I've rang up the immigration call center asking for the Change Conditions/Extend stay in Canada as a worker application forms so that I can submit it with my spousal sponsorship application. The lady at immigration told me that I need to be in Canada to submit this application.
I just wanted to cross check this with you guys to see how valid this is!! Is it true that if I'm applying In Land (including open work permit), I will need to be there in Canada for the duration of processing or at least till I get my AIP status?
Can someone please confirm.
Yes, for an in-Canada (inland) PR application, the applicant must be in Canada to file. And once filed, the applicant is advised to not leave Canada at anytime during the application proces (even after AIP is granted). This is because entry into Canada is not a guarantee, and if the applicant is refused entry for whatever reason and can't get back into Canada, it puts the inland application in jeopardy (since the applicant has to be present in Canada to receive their PR at the landing interview). |
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wongn
Top Member
Canada
8680 Posts |
Posted - August 01 2008 : 09:50:45
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quote:
Originally posted by canada31
Hi guys, just reading some cases here, I'm wondering what does AIP stand for? and what does CPC-M stand for¿
Thanks guys, good luck to all of you!
AIP = Approval in Principle
This "milestone" is only applicable to inland applications. In inland spousal sponsorship applications, AIP signifies when CIC has made a favourable determination that the sponsor is eligible to sponsor, and the applicant is eligible to be sponsored. This essentially means the CIC is satisfied that the relationship between the sponsor and applicant is genuine and continuing.
CPC-M = Case Processing Centre in Mississauga
This is the case processing centre that handles outside family class sponsorship applications. CPC-V (or the case processing centre in Vegreville, Alberta) processes all inland applications. |
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Work while waiting for PR/spouse sponsorchip
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