Is Inland sponsorship possible for my spouse?

[smriti]

I currently live in India with my family (husband and son). My Son and I got our PR in March this year (2016). For various reasons we were unable to process my husband's application along with our PR applications. We are planning to move to Canada by July 2016.

Now, I am at a loss on how to get my husband into Canada along with us.

I will not immediately have a job but will have my savings at disposal.

I would like to know if my husband can accompany us on a visiting visa to Canada and start the (In bound) PR application once there? Will his visitor status make him in eligible for In bound PR application? Is this a legal option? We don't want to break any rules or jeopardize his future prospects of PR processing. But as my son is quite young right now, it would be very helpful for him to have both of us while settling down in Canada.

I know my husband can stay in Canada for 6 months on a visitor visa. But can he remain in Canada longer than 6 months (maybe under implied status), if he is waiting for his PR application processing or does he have to apply for a visitor visa extension?

Also can my husband work or apply for a open work permit while he waits for residence status (which I have read can be as long as 26 months). Are open work permits still being issued this year?

Lastly, can he travel out of Canada while he is waiting for Residency?

If its illegal to apply for PR, while residing in Canada on a visitor visa, then I would like to know if there are any other options we can avail in order to move together to Canada?

P.S. I have tried reading the procedures from Immigration Canada and various other sites but struggling to figure out the best solution and the answers to the above questions?

Thanks in advance

 

[Riley Haas]

First off, the crucial question is, did you inform IRCC (formerly CIC) of your marriage when you applied for PR? If you were married before applying for PR and you did not inform them, there is probably nothing you can do at this point. Your husband will have to figure out how to get here on his own.
If you did inform IRCC of your marriage or you were not yet married when you applied for your PR, youshould be able to sponsor him.
Let's assume that the second scenario is true.
Provided your husband receives a visitor visa, he can travel with you to Canada. It is best that you travel together. At the port of entry, you will say that you are entering with your intention to sponsor your husband. CBSA officers are instructed to let in those who are coming specifically for the purpose of inland sponsorship.
Once you and your family have successfully entered Canada, you need to submit the inland sponsorship application along with a work permit or study permit application (see this article for more details: https://www.immigroup.com/news/work-canada-while-waiting-your-spousal-sponsorship-application-be-approved) which will allow him to make money or improve his credentials.
The visa issue is thornier. If you plan to remain in Canada the entire duration of the application process (slightly more than two years), he can technically remain here without extending his status, but we don't recommend that. If he's got a work permit or study permit there is nothing to worry about provided he is not traveling. Extending the visa is essential if you're going to leave Canada during the process (not something we would recommend) or if he's not going to get a work permit or study permit.

I hope this answers your questions.

 

[smriti]

I'm really glad I chanced upon your site. Thank you for the detailed reply and for addressing and allaying all of my concerns. We did inform IRCC of our marriage, but we did not opt to process his PR at that point of time.

From your reply I gather that the only hurdle would be to obtain a visitor visa. So from your experience, could please let us know his chances of getting a visitor visa given that my son and I have a PR?

 

[Riley Haas]

I'm glad you have found it helpful.

The visa is the tricky part. Your husband will have to show that he can and intends to return to his home after the visit. This is one of these weird little inconsistencies. To my knowledge CBSA officers are encouraged to let couples at the port of entry into Canada to marry and submit sponsorships, but the visa offices are encouraged to reject visa applications from people intending to come to Canada for that very same thing.

If his visa application is denied, then you will have to sponsor him outland (but you and your child should come to Canada before submitting the outland application).