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As the title suggests, my wife has a visitor visa. I know that an inland sponsorship is possible, but is it possible on a 90 day visitor visa, or does it require a visa that covers the entire time the process is active?
If we apply while she is on this visa, does she have to leave after the 90-day period, or can she stay until the whole process has been completed?
A final question, if we make this application, can she begin working while the application is being processed?
1. Yes. You can apply inland as long as she is present with you in Canada regardless of how long her visitor status is valid for.
2. No she cannot leave while an inland application is in process. One of the requirements is that she is living with you. What you will have to do is apply for a visitor visa extension and/or submit an Open work permit (Owp) application with her PR application
3. No. She can only work in Canada if she has a valid work permit. However, as mentioned above, because you would be applying via the inland option, you would also be able to submit an open work permit application with her PR application. This takes 3-4 months to process. She also HAS to have legal status in Canada so make sure you apply within the 3 months or when she gets her visitor extension. Once she goes out of status you will not be able to submit the OWP application.
have a temporary resident permit that is valid for six months or more,
have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit),
For Inland spousal sponsorship..........if you plan to submit the spousal sponsorship with application for Open Work Permit (OWP).........will advice that you submit the application while her visitor visa is still valid........as valid temporary status may be required for OWP approval but not the spousal sponsorship........it takes about 4 months to approve OWP..........and spousal sponsorship takes 12months to complete process, may take less or more.......its a wait game.
You are required to submit the sponsorship application forms and supporting documents as required in the spousal sponsorship checklist........pay the required fees for OWP ($255) and PR fees..........and ensure its complete according to sponsorship checklist as any in-complete application package may be returned and not processed..........although, not mandatory you can also apply to extend your wife current visitor visa beyond 90days, so she has visitor status for safety if unexpectedly the sponsorship is returned and has to re-submit application for OWP.
For inland sponsorship........the PA is advised not to travel out of Canada while the application is been processed as there is no guarantee of re-entry......and if for whatever reason she is not allowed re-entry, the sponsorship application may be refused.
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