Spouse or common-law in Canada class or Family class outside Canada class

[ZahidAli786]

I have a quick question:

I am a Permanent Canadian resident. My wife is US National, I want to apply for her Canadian PR. As we know she can live in Canada for up to six months, shall we choose "spouse or common-law in Canada class" or "family class outside Canada class" for her Canadian PR considering the fact she will live with me and go back to the USA before six months and then come back again until Canadian PR gets approved?

 

[canuck78]

I have a quick question:

I am a Permanent Canadian resident. My wife is US National, I want to apply for her Canadian PR. As we know she can live in Canada for up to six months, shall we choose "spouse or common-law in Canada class" or "family class outside Canada class" for her Canadian PR considering the fact she will live with me and go back to the USA before six months and then come back again until Canadian PR gets approved?

She should not leave Canada. She should apply to extend her stay as a visitor or apply for an OWP if she applied inland.

whether you should apply inland or outland depends on whether she needs to return to the US or visit other countries. If she is able to remain in Canads she can apply inland and once receiving AOR she can apply for an OWP. In many provinces she will not qualify for provincial healthcare until she gets PR or unless she starts working full-time so you’ll need to purchase emergency travel medical insurance and pay for any routine visits. There are some more details when it comes to qualifying for healthcare but that’s the general overview.

 

[ZahidAli786]

She should not leave Canada. She should apply to extend her stay as a visitor or apply for an OWP if she applied inland.

whether you should apply inland or outland depends on whether she needs to return to the US or visit other countries. If she is able to remain in Canads she can apply inland and once receiving AOR she can apply for an OWP. In many provinces she will not qualify for provincial healthcare until she gets PR or unless she starts working full-time so you’ll need to purchase emergency travel medical insurance and pay for any routine visits. There are some more details when it comes to qualifying for healthcare but that’s the general overview.

Thank you for your reply.

If I apply her Canadian PR in the "spouse or common-law in Canada class" category and if she receives her AOR can she go outside of Canada i.e. to the USA? if not then if she gets AOR and gets her Open work permit can she go outside of Canada i.e. USA considering her PR application is in the process? Please suggest.

 

[scylla]

Thank you for your reply.

If I apply her Canadian PR in the "spouse or common-law in Canada class" category and if she receives her AOR can she go outside of Canada i.e. to the USA? if not then if she gets AOR and gets her Open work permit can she go outside of Canada i.e. USA considering her PR application is in the process? Please suggest.

Not for six months. To qualify for the inland route, both the applicant and the sponsor must be living in Canada. She can leave for a couple of weeks once in a while however should keep her trips few and certainly not leave for months at a time.

 

[armoured]

If I apply her Canadian PR in the "spouse or common-law in Canada class" category and if she receives her AOR can she go outside of Canada i.e. to the USA? if not then if she gets AOR and gets her Open work permit can she go outside of Canada i.e. USA considering her PR application is in the process? Please suggest.

If her plan includes a lot of travel and as noted by others, any longer periods outside Canada, she should apply outland. She can do so even if she's in Canada right now.

She would not be eligible for the open work permit though.

 

[ZahidAli786]

Not for six months. To qualify for the inland route, both the applicant and the sponsor must be living in Canada. She can leave for a couple of weeks once in a while however should keep her trips few and certainly not leave for months at a time.

Can I, the sponsor for my wife in the spousal In-land Canada class travel outside after applying for my wife's spousal PR?

 

[HTS_QC]

Thank you for your reply.

If I apply her Canadian PR in the "spouse or common-law in Canada class" category and if she receives her AOR can she go outside of Canada i.e. to the USA? if not then if she gets AOR and gets her Open work permit can she go outside of Canada i.e. USA considering her PR application is in the process? Please suggest.

She can travel outside Canada briefly during the inland app. But the risk is more when she tries to re-enter as there is no guarantee that the border officer will let her in unless she has proof of ties to the US. Having a OWP does not guarantee she will be allowed to re-entry too.

I think the US citizen apps are generally quite fast, so it might be a better solution to apply outland (even if she lives with you in Canada).

Can I, the sponsor for my wife in the spousal In-land Canada class travel outside after applying for my wife's spousal PR?

The basis of the inland apps is that you must be living together in Canada. If you travel a lot outside Canada it might be an issue, but if you are thinking about a brief holiday abroad, no issues.

 

[ZahidAli786]

She can travel outside Canada briefly during the inland app. But the risk is more when she tries to re-enter as there is no guarantee that the border officer will let her in unless she has proof of ties to the US. Having a OWP does not guarantee she will be allowed to re-entry too.

I think the US citizen apps are generally quite fast, so it might be a better solution to apply outland (even if she lives with you in Canada).



The basis of the inland apps is that you must be living together in Canada. If you travel a lot outside Canada it might be an issue, but if you are thinking about a brief holiday abroad, no issues.

Thank you, How about Out land class, Can the sponsor go outside of Canada after applying her outland PR?

 

[HTS_QC]

Thank you, How about Out land class, Can the sponsor go outside of Canada after applying her outland PR?

I think is a lot less of an issue for you to travel, but how long are you planning to be outside Canada and how often?

I am not 100% sure, so others more expert than me will correct me if wrong. The logic I would use is: if you go outland with the sponsor (you) living in Canada, then you must be residing in Canada. If IRCC deems that you are spending too much time outside Canada, they would likely ask you for proof that you will permanently reside in Canada once you wife gets PR. Since you actually live in Canada, I am sure you have a bank account, car, driving licence, rental agreement, ecc to show IRCC?

So in summary, you might be questioned by IRCC the reason for your travels, but unlikely to cause major issues.

 

[scylla]

Thank you, How about Out land class, Can the sponsor go outside of Canada after applying her outland PR?

Since you are a PR, you can leave for short periods of time (eg three weeks) from time to time but must spend the majority of your time living in Canada until the apply is approved. This is a condition for you to sponsor.