inland application for spouse at the border

[Dion]

I am a Greek National that has been married to a Canadian resident (PR) who is a Pakistani National. We got married in California in 2012 and stayed in US till now (2015) on working visa, my husband got a job for the next two years in Canada and we are planning moving there soon. I see that you propose in similar posts that a spouse can apply at the border for inland, is that possible or do we need a visitor's visa (I guess Greek National do not need a visitor's visa to enter) and then apply inland? In case that we apply at the border, what else we need except from proof of employment for my husband and proof of marriage, which we already have?We already found an apartment there and signed the lease with both names as proof of future residence.

Thank you in advance,

Dion

 

[Riley Haas]

Hi,
Well, applying at the border is a bit of a euphamism. You just tell them this is what you're up to, and if you have all the documentation, it looks legit. The actual application is filed later.
Any sponsorship application is very complicated, you will have to prove your relationship is genuine (it sounds like you will have ample proof), which is done by providing all sorts of things that prove you are a couple: photos, communication records, leases, the marriage license, etc.
The decision to let you in is up to the CBSA officer, and you have to convince them that you will indeed apply for PR through sponsorship once inside Canada.
Also, this all assumes your husband's PR Card is not expired.

Hope this helps.

 

[Dion]

My husband PR is valid till 2017, based on that he got his new job in Canada and we really intend to apply inland.
Regarding documentation, should we present communication records, photos etc at the time of entry as well except from marriage license, lease and what is the status of the spouse (is it visitor's or something else) after being let in?
Thank you for the info,I really appreciate it. I guess these questions are complicated to answer, so if I have any update from my personal experience in the coming days of travelling I will post back for other readers that might be in similar state.

 

[Riley Haas]

Well, I think if you have your lease, your marriage license and your husband's job offer on you, you should be alright.
You will be admitted as a visitor and you can apply for an "open" work permit or study permit at the same time that you apply for inland sponsorship. Those are often approved in under 2 months.

 

[Dion]

Hi Riley,

I went through the immigration and everything went fine as you described it. Just to mention that for permanent residents that they need to be at least two years in before their card expires if they wish to renew it and they better work while being outside Canada. Also, I would like to ask you if is it by law that only US Nationals can do inland application and all the others need to do outsource, otherwise it is up to immigration officer if he will let you in...for inland?

Thank you.

 

[Riley Haas]

Inland can be done for any nationality, provided the spouse to be sponsored is allowed into Canada.

I'm not sure what you are saying about the PR Card...working for a Canadian employer outside of Canada allows the days outside of Canada to credit towards days inside of Canada (for permanent residence, not citizenship). Is that what you mean?

 

[Dion]

Hi Riley,

Let me rephrase, my husband has his PR valid from 2012 till 2017. After completing his PhD in France in 2012 he was looking for jobs in his field in Canada but his interviews didn't result in job offers there so he stayed in Canada one month and then moved to USA where he found a job in his field (Research). We stayed there till February 2015 so when reentering back in Canada in March 2015 immigration at the border calculated the exact numbers of days left...till expiring and mentioned that he needs to be in Canada at least 730 days (two years) if he wish to renew it and they asked where he was working if he had a valid reason for not coming. For him it was OK he had more days available. In other words, I don't know if law changed or it is unofficial that you cannot come last moment( lets say the last months before your cards expires) and I think that makes sense......it's like not utilizing your residency...I don't know if you are a resident and working for a Canadian company in another country if that counts...since you mentioned it....

I have two questions in case you know the answers that would enlighten me:

1. Do I have to apply for certificat du selection au Quebec before my permanent residence application or at the same time, is it required for spousal inland application?What difference it will make? I intend to apply for open work permit at the same time, would that make things more complicated?

2. If have all the application forms and documents ready can I submit them now and submit later the police clearance police certificates since they take some time to arrive? Some people here advised me to apply first in order to create an application number/record and then keep sending...but I don't want to have my application returned as incomplete in this case.

Thank you,

Dion


PS Sorry for the long response.

 

[Riley Haas]

Hi Dion,
Well, as long at the PR Card is valid, your husband should be allowed re-enter Canada. However, people who do not have enough days in Canada to renew their PR Cards will likely get a lecture - at the very least - when re-entering. It all depends on what questions are asked at the border. And these people would be best off not traveling again. But your husband has lots of time before his card expires. We always tell people who are close to not meeting the residence requirements to not travel. But this shouldn't affect you two as you have just come here.

You are intending to live in Quebec? Unfortunately I know very little about Quebec's separate immigration system, and I can't help you with your first question beyond saying that the open work permit application is tied to the fact that you are getting sponsored. The certificat de selection sounds like an application for permanent residence (though I could be wrong, I know nothing about their system). If that's true, your sponsorship application is your application for permanent residence. No need to apply twice. But I would suggest trying a forum where they know about Quebec procedures to see if there is anything special you need to do for Quebec spousal sponsorships.

As to your second question, that's a question for one of our consultants. I'll see if I can get you an answer.

Riley

 

[Riley Haas]

For inland applications, you can submit your police clearances later, it turns out. Hope that helps.

 

[Dion]

Hi Riley,

It has been one month since I sent the inland spousal sponsorship application to Mississauga office and yesterday I received an email stating an application file number. In the email it is mentioned that if they need any additional documents they will request them, today I received my original police clearance certificate from Greece and its translated version and wondering if I should send it to them including the application number in a cover letter as a reference or should I wait till they request it. In case that I would decide it to send it which should be address, is it the same as for sponsorship application (Mississauga office)? I am worried about the validity since I heard that it is valid only for three months. Also, I am waiting for a second police clearance certificate from FBI since I lived in US the last two and half years and this takes like three months, probably I will get it June (I applied for it in March). What would you advise me to send at least the one that I have now or wait till they request it?

Thank you in advance for your time,

Dion

 

[Riley Haas]

You should probably wait until they are requested. Unfortunately with the long processing times, it's entirely possible your clearances will have expired by the time they request them, I'm sorry to say.

 

[Dion]

Hi Riley,

Thank you for your input, at least I hope that my application for open work permit which I included in the sponsorship application package will be processed before my visitor visa expires in few months, http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp.

 

[Riley Haas]

In our experience they've been pretty fast so far.

 

[Dion]

Hi Riley,

I see different posts on internet asking whether someone that applied for inland sponsorship along with Open work permit has implied status or needs to apply for extension of visitor's visa before his/her visitor record expires, and would like to ask your opinion.

1. If you just apply for inland sponsorship, do you have implied status till a decision is made on sponsorship? Can you still stay in Canada without applying for extension if you don't have any result yet?

2. If you apply for both inland sponsorship and Open work permit? Do you have implied status, meaning you can stay till a decision is made on sponsorship? The application form for OWP (Open work permit) and extension is the same and it says "application to change conditions of stay in Canada.." so why we need to apply for extension as well?

Thank you in advance,

Dion

 

[Riley Haas]

Hi Dion,
1. If you apply for inland sponsorship and do not apply for a work or study permit, you have visitor status until that status expires. Once your status expires, you have no status in Canada, but you cannot be deported specifically for that reason. You then have 90 days to restor your status. After that, the only way to get status in Canada again between that moment and the approval of the sponsorship application is to leave and re-enter.
2. If you apply for an open work or study permit, you have visitor status until application is approved/rejected. The permit should be granted for the entire time the sponsorship application is expected to be in processing.

Does that explain things?

Riley

 

[Dion]

Hi Riley,

You are saying that if you apply for an open work or study permit, you have visitor status until application is approved/rejected. In case of OWP rejection and having visitor record expired, would be better to apply for extension of visitor's visa in advance to be on the safe side? This is not my case but thinking that if I don't receive OWP in 2-3 months, my sponsorship is currently in process since last month, I should considering how to secure my stay without exiting and reentering. On CIC website they say that OWP will be granted to eligible spouses of permanent residents without specifying which are the eligibility criteria or I have not spotted them yet. In my mind it seems that applying for inland sponsorship nd having an eligible sponsor is the base of approval for OWP, on the other hand extension of visitor's visa seems to rely on the same fact granting you further stay but no working rights. In other words, should anyone in similar state apply for inland sponsorship, OWP plus visitor's visa extension or it is not needed?

Thank you, you are always so much explanatory!!!

Dion

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[Riley Haas]

Hi Dion,
Not exactly...you have vistor status when you enter the country as a non-Canadian. And how long that visitor status lasts depends on the stamp in your passport placed there by a CBSA officer. So your visitor status lasts until it expires, or you leave, or you change your status, such as get an open work or study permit.
The open work permit/study permit applications are a major priority for CIC right now. I am just the webmaster here, and haven't seen a submission, but my understanding is that they are to faciliate work or study for sponsored spouses/partners - i.e. the eligibility criteria is that you are a sponsored spouse/partner, that's it. I think the chances of one getting rejected are very low, provided it's filled out correctly (and provided the sponsor is eligible to sponsor, which most Canadians are...).
You do have 90 days after visitor status expires to restore it, and the processing of the open permits is normally much shorter than that. If you have already submitted both the sponsorship application and the permit application a month ago (that's what I think you're saying, am I correct?) then you should only have to wait a few more weeks for the permit. 2-6. So unless your visa stamp already expired, there's no reason to apply to extend your visitor visa or restore it at the moment.
I already don't think you need a visitor extension, however if you would like some professional assurance, we can always book you a consultation with one of our consultants. $84.75 for about 20-30 minutes, and they'll answer all your questions much more thoroughly than I ever could.

Hope this helps.

 

[Dion]

Hi Riley,

I just got my OWP today, I am so much happy it is valid till 2017. I think that's enough time till residency is granted!

Thank you for all your advice and guidance!!

Dion

 

[Riley Haas]

Congratulations! It should be. They usually make it valid for the appropriate length of time.

Glad I was able to help you.

 

[Dion]

Hi Riley,

A quick question can a sponsor and a sponsored person move out of the province where they initially applied and shift to another? Will that has an effect on the application?I am asking because the province of Quebec controls its immigration and the sponsor needs to be approved by Quebec and CIC. It's almost a year that we are in Quebec but my husband is looking for positions in other provinces as soon as his contact finishes this year. We applied through inland while living together in Quebec last year and I am still waiting. I got open work permit but that's all so far, no other updates.

Thank you in advance,

Dionysia