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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99963
Experience:  Lawyer
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Lawyer, I've submitted my application Residence under the

Customer Question

Hello Lawyer,
I've submitted my application for Permanent Residence under the Spouse (family union) in March 2015. When I submitted my PR application, I was working in Canada. ( My employer has sent me to Calgary to work for a project on Feb 1 2015. So I've obtained a 3 years work permit in which my employer name defined on the work permit. )
Since I was living in Canada when I submitted my application on March 2015, the processing time is slow and my application is still in process. ( As per CIC website, the processing time takes 26 months for spouse living inside Canada)
In respect to the Canada project has closed by my employer, I've recently repatriated to Hong Kong. I personally have moved back to Hong Kong and my wife & son ( both are Canadian) are still living in Calgary.
In respect to my case, grateful if can give advice & instructions on :
1) Can I change my PR application to "Spouse living outside of Canada" since I've moved back to Hong Kong? Thus, the processing time will be much faster? If yes, how to change it?
2) Before my application is approved and/or confirmed, A) am I eligible to apply for a open work permit so that I can stay in Canada and look for job in open market ; or B) can I start a own business in Canada before PR application is approved? If yes, kindly advise how to apply for open work permit?
3) Since I 've moved back to Hong Kong, I will be stayed in Canada less than 183 days in 2016. So I will not be a residency of Alberta. Am I right that my income earned in Hong Kong will not need to pay for Canada income tax ( P.S. My wife and son will still live in Calgary in 2016)
1) My wife is Canadian and I am a citizen of Hong Kong. ( My wife currently does not work - full time to take care of my son)
Many thanks Ben
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

There are too many questions on one post.

I can answer the tax law question or the immigration law questions but not both.

Please let me know which question I should answer here and then please start a new post for the other question. You can put my name into the new post and I can answer that there.

Customer: replied 1 year ago.
Please kindly answer Q1 & Q2 that are related to immigration law and ignore Q3. Thanks Ben
Expert:  Debra replied 1 year ago.

1) You would withdraw the inland application and start a new application for outland sponsorship.

2) Yes you can apply for an open work permit. This is now available as soon as you start the application process. But you have to be living in Canada.

Here is a link to the information you should read about this pilot project:

You can start your own business when you have the open work permit.

Customer: replied 1 year ago.
Thanks. Please kindly advise if I withdraw my inland application and start a new application for outland sponsorship, do I need to repay the application fee? Regards Ben
Expert:  Debra replied 1 year ago.
They will require you to pay a new fee now but they will refund you the first fee in several months.

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