Inland spouse - in progress application

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jgatilao

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Inland spouse - in progress application
« on: June 24, 2015, 03:00:46 AM »
My newly wed Canadian husband is sponsoring me, and my open work permit will be also  processed at the same time. My current work permit very soon expires. I could not extend my work permit since it requires a new approval/LMIA nor I don't  have enough money to change of status for study permit.

To be given an open work permit, I must stay legal in Canada. After my current work permit expires, I have 90 days to restore my temporary residence. What's the best logical reason in order to be given a restoration permit as a visitor (for the longest period)  until I receive my open permit or spousal permanent resident visa?

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Riley Haas

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Re: Inland spouse - in progress application
« Reply #1 on: June 24, 2015, 09:12:06 AM »
If you have already submitted the sponsorship application, you should be in good shape. The open work permits take only about 4-8 weeks to process, which is plenty of time if your current work permit hasn't expired yet.
If you are not going to be able to submit your sponsorship application until a month or so after your work permit expires, that's when you could have an issue.
I am going to speak to our consultant and get back to you.

Riley

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Riley Haas

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Re: Inland spouse - in progress application
« Reply #2 on: June 24, 2015, 09:15:05 AM »
You need to submit your sponsorship application with its accompanying work permit application before your work permit expires in order to receive implied status.

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jgatilao

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Re: Inland spouse - in progress application
« Reply #3 on: June 24, 2015, 08:42:58 PM »
Rily's second paragraph will be soon my out of status, because my current Open Work Permit will expire in 2 weeks, and we have not submit an inland spousal sponsorship yet. It takes a few months of preparation to establish proofs for a genuine relationship and we don't want to rush this. Maybe we could submit this after a month or two, within the 90 days after my permit expiry.

I am changing the structure of my questions:
To retain my implied status, could we just submit the sponsorship for my PR application together with my application for Change of Conditions for status restoration c/w Open Work Permit?
I believe this a Spousal Pilot Program introduced last Dec. 2014 for 1 year.
Both applications are to be sent to Mississauga.

Could I continue to work under my current employer under implied legal status while waiting hopefully for my approved OPW in 4 months after application submission?

Or do I still need to apply for a separate Restoration Permit as temporary resident visitor. What's the best logical and successful reason for this permit for at least 1 year to overlap the time I receive my OPW above.

Or maybe I could also apply for Study Permit that requires less tuition for 1 semester in order to "buy" my time on 1 or 2 year course?

Since this is not the first time I studied Canada (I got my 1st OWP via a 2 yr course), could I declare just a semestral tuition (not the full year due to financial problem) with some money in the bank and are sufficient enough for foreign workers already in Canada? Taking French, maybe an option but the SP may only be given for 6 months and not enough to buy to buy time for my spousal sponsorship processing. Thanks again.
« Last Edit: June 25, 2015, 04:57:06 AM by jgatilao »

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Riley Haas

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Re: Inland spouse - in progress application
« Reply #4 on: June 25, 2015, 09:42:33 AM »
Hi there,
Well this is a complicated stituation so I don't want to tell you what to do. I am only the webmaster and if you lose your status or fail to regain your status because of something I say...well, we don't want that to happen.

It sounds like you need legal advice. I would suggest at least getting a consultation with a lawyer or a consultant. We offer consultations for CAD$84.75 including HST.

Sorry, but I don't know enough about this kind of situtation to safely tell you what to do.

Riley

 

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