OWP + Inland Sponsorship

[MY1]

Hi,

I am a Canadian citizen and will be getting married in Japan to a Japanese citizen in March 2016. We will move to Toronto together and intend to use the in-land permanent residency application.

I looked at the CIC call centre and it says it should only be used if you have already sent in an application. It does not state where to go for general questions.

1. My understanding is the in-land application cannot be sent in until she is in Canada. She also needs an OWP to begin employment. What is the best process/steps once she arrives in Canada? OWP app, in-land PR app…? With the Japanese marriage certificate and the PR app not approved in principle, is she still eligible for an OWP?

2)Marriage certificate translation/notarization: should it be done in Japan or Canada?

3. Medical check by approved panel physician: should this be done in Japan or can it be done in Canada as well?

4)Criminal background check: is this required for the application?

5. I understand she will need an eTA when arriving in Canada next March 2016. Will she need any other documents at the airport? What should she tell the immigration officer when asked the purpose of her trip?

Thank you in advance.
-MY

[SettlementOrgMod]

Hello MY,

Thank you for sharing your situation and question with us.

Regarding Open Work Permits, CIC started a one-year pilot project in December 2014. It has currently been extended until December 22, 2016. You can find some information the Citizenship and Immigration Canada (CIC) website.

Here is an excerpt,

Foreign nationals in Canada applying to immigrate as a spouse or common-law partner will continue to have the opportunity to work while waiting for their application to be finalized. A pilot program giving them open work permits is being extended for one year, until December 22, 2016.

To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the Spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

The previous announcement stated that they will have their application for an open work permit processed within four months of receipt of their work permit application.

Regarding translation of the Marriage certificate, you can find some information in the CIC Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289) guide in the Translation of documents section.

Here is an excerpt,

Translation of documents

Any document that is not in English or French must be accompanied by:

-the English or French translation; and
-an affidavit from the person who completed the translation; and
-a certified copy of the original document.

Translations may be done by a person who is fluent in both languages (English or French and the unofficial language). If the translation is not provided by a member in good standing of a provincial or territorial organization of translators and interpreters in Canada, the translation must be accompanied by an affidavit swearing to the accuracy of the translation and the language proficiency of the translator.

The affidavit must be sworn in the presence of:

In Canada:

-a notary public
-a commissioner of oaths
-a commissioner of taking affidavits

Outside of Canada:

-a notary public

Regarding the medical check, you can find some detailed information in the Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289) guide in the Medical instructions section.

Medical instructions

You may either:

-undergo an upfront medical examination by contacting a Panel Physician or
-wait until your application is reviewed and medical instructions are provided to you by the immigration office.

Get the instructions to complete the medical examination.

Note: When medical results are submitted up-front, routine cases benefit from faster processing since we do not have to request them at a later date. If you choose to have an upfront medical exam, you must submit proof that you completed the medical examination with your application. Failure to do so may result in processing delays.

Regarding your question about criminal background checks, the Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289) guide states,

The person being sponsored will not be granted permanent residence until family members have been examined and have passed medical, background and security requirements.

Regarding your last question, the information we have received previously from several CIC representatives, was that, it is possible for a spouse to apply for a visitor visa. However, there is no guarantee that a Visitor Visa will be issued as there would be a sponsorship application in process and they will consider it as if her intention is to remain permanently.

Therefore, we cannot definitively say if they will or will not issue her visa.

Typically, officials want to see proof that a person will return to their home country. Officials may suspect that she will overstay her visa and may turn the request down based on this concern.

They consider that as a visitor one is supposed to have the intention to leave Canada.

You may want to contact a lawyer who is familiar with immigration issues for some information specfic to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org