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wsm_al View Drop Down
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    Posted: 10 Jan 2012 at 5:57pm
Hi All,
I am sponsering my wife for PR using inland application. I was told by CIC that I can also get open work permit for my wife so she can has legal status in Canada and be eligible for alberta health care insurance. I was told by CIC that the open work permit will be valid till my wife receives the PR.
My question is, how long does it take to get the open work permit once my wife applies? is it in 2 months max? i.e., till my sponsorship application is approved?
Thanks,
 
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scylla View Drop Down
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Points: 838 		Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2012 at 10:33pm
Your wife will be eligible for an open work permit as soon as you have received Approval in Principle (AIP). The processing time for the AIP stage is currently 11-12 months. See the following page for processing times:

http://www.cic.gc.ca/english/information/times/perm-fc.asp
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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scylla View Drop Down
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Points: 838 		Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2012 at 10:36pm
Just to add, the two month processing time you mentioned for approving you as sponsor actually applies to the outland process only (not inland). The first stage for inland is AIP.

Hope this helps.
Outland Spousal (Buffalo):
App recd: 05/28/2010
Sponsor approved: 06/28/2010
Processing started: 08/19/2010
Passport request: 10/01/2010
Landed: 10/05/2010
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wsm_al View Drop Down
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Points: 25 		Post Options Post Options   Thanks (0) Thanks(0)   Quote wsm_al Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2012 at 10:51am
Thank you scylla!
So this means, if my wife came as a visitor for say 6 months, her legal status as a visitor will expire in 6 months. Then my wife will wait for 6 more months with no status (or implied status) till the 11-12 months for AIP passes and she receives the open work permit. This will be risky because she won't be able to get Alberta Health Insurance while on implied status (around 6 months). Is that correct?
Thanks in advance for your help! 
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RobsLuv View Drop Down
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Points: 745 		Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2012 at 7:11pm
As long as you included an extension/change of conditions application to her original temporary status document with the inland PR application, she'd be protected under "implied status", and electing to "change her conditions" to an Open Work Permit would get her the OWP automatically, as soon as her first stage of assessment was completed.  But that is currently taking 11-12 months from the time of receipt of the application in Vegreville - so it means she's in Canada without the ability to work or have healthcare for at least 12 months. 

Depending on which country she is from, it's possible that the outland process would be faster and she could still stay in Canada with you as a visitor.  You would apply to keep her temporary status valid by submitting extension applications whenever it was due to expire, but her status as a permanent resident would likely come faster than the first stage of approval inland.  With proof of the PR ap in process, it's easy to get approval.  In addition you don't forfeit your right to appeal a refusal like you would with the inland process, and if she needed/wanted to go home at any point, she wouldn't be risking the inland ap (which has a residency requirement to be in Canada with the sponsor in order to be approved).  The one drawback to outland is that, if an interview is required, she has to travel to the embassy that represents her home country and there is no guarantee that she'd be allowed to return to Canada afterwards, however spousal interviews with a strong application complete with lots of quality evidences are frequently waived. 

Anyway, it's something to think about - if you can tell me what country she's from, I can give you an idea of the difference in timelines between outland for her country and inland. 


Edited by RobsLuv - 11 Jan 2012 at 7:15pm
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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Points: 25 		Post Options Post Options   Thanks (0) Thanks(0)   Quote wsm_al Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2012 at 9:38pm
Hi RobsLuv,
Thanks for the thorough reply! Unfortunately if she wants to apply for outland, the processing time is 27 months. (Embassy is in AbuDhabi)
My only concern is the Healthcare insurance. It is risky that she stays in Canada without healthcare insurance for 11-12 months.
Any suggestion will be great,
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