Inland or Outland

[Canada8197]

Hi, I was wondering if I could get suggestions for sponsorship.

I understand the cons of inland is NO appeal, whereas outland is available for appeal if rejected.
In my case which one should I go for? (NZ Citizen, living here 1 year with photos, joint bank account, insurance beneficiary, changing CRA to common-law for 2017 tax year (not 2016), licenses showing same address, and joint credit card.) I'm not exactly sure how strong my case would be with those government-type proofs (showing beneficiary and same address).

Is Outland a safer route for me? Or is Inland suggested for OWP? Please suggest as I'm afraid of getting rejected for not having enough sufficient proof of genuinity. My only struggle is that we do NOT have any joint property/lease together but we will have a letter explaining that we live with his father and thus do not pay any rent/mortgage as of yet. Not sure how much that would help either..

Thanks in advance.

 

[sylvain1]

Hi, I was wondering if I could get suggestions for sponsorship.

I understand the cons of inland is NO appeal, whereas outland is available for appeal if rejected.
In my case which one should I go for? (NZ Citizen, living here 1 year with photos, joint bank account, insurance beneficiary, changing CRA to common-law for 2017 tax year (not 2016), licenses showing same address, and joint credit card.) I'm not exactly sure how strong my case would be with those government-type proofs (showing beneficiary and same address).

Is Outland a safer route for me? Or is Inland suggested for OWP? Please suggest as I'm afraid of getting rejected for not having enough sufficient proof of genuinity. My only struggle is that we do NOT have any joint property/lease together but we will have a letter explaining that we live with his father and thus do not pay any rent/mortgage as of yet. Not sure how much that would help either..

Thanks in advance.

Both are quite safe, you should have nothing to worry. Outland might go a bit faster than inland, but if there is any interview required, you would have to go back to NZ to do it. Doing it inland will take about a year, if you apply for an OWP you'll get it in 3-4 months and be able to work during the process.

 

[canuck_in_uk]

Hi, I was wondering if I could get suggestions for sponsorship.

I understand the cons of inland is NO appeal, whereas outland is available for appeal if rejected.
In my case which one should I go for? (NZ Citizen, living here 1 year with photos, joint bank account, insurance beneficiary, changing CRA to common-law for 2017 tax year (not 2016), licenses showing same address, and joint credit card.) I'm not exactly sure how strong my case would be with those government-type proofs (showing beneficiary and same address).

Is Outland a safer route for me? Or is Inland suggested for OWP? Please suggest as I'm afraid of getting rejected for not having enough sufficient proof of genuinity. My only struggle is that we do NOT have any joint property/lease together but we will have a letter explaining that we live with his father and thus do not pay any rent/mortgage as of yet. Not sure how much that would help either..

Thanks in advance.

The ability to appeal should not even be a consideration in your decision of inland vs. outland. There is also pretty much no chance you will be called for an interview, so that should not be a consideration in your decision either.

Being from NZ, you are not a Marriage of Convenience risk and your burden of proof is pretty low. Provided your proofs show at least one year of cohabitation and there are no red flags that you haven't mentioned, you will be approved.

Just include a notarized letter from his father in place of a lease. It's a very common situation to be living with family.

Whether to apply inland or outland really comes down to whether you want or need the OWP. I believe that the Sydney visa office still averages around 6-8 months.

 

[Canada8197]

The ability to appeal should not even be a consideration in your decision of inland vs. outland. There is also pretty much no chance you will be called for an interview, so that should not be a consideration in your decision either.

Being from NZ, you are not a Marriage of Convenience risk and your burden of proof is pretty low. Provided your proofs show at least one year of cohabitation and there are no red flags that you haven't mentioned, you will be approved.

Just include a notarized letter from his father in place of a lease. It's a very common situation to be living with family.

Whether to apply inland or outland really comes down to whether you want or need the OWP. I believe that the Sydney visa office still averages around 6-8 months.

Thanks Canuck! I noticed you're of great help in this community and I really appreciate your time and help.
Just one last question; We have run into one issue. He is under his father's insurance plan (from his work) as a dependent (child, of course) to help him save money. This means he is unable to add me as a beneficiary as he's not the main holder of the insurance in the first place. Should he get a new insurance just to help show our common-law relationship? Or is it okay to leave it out and explain the reason (save money)? My health insurance however does have him as my beneficiary so it's only his side that has an issue. Everything else (car insurance, bank account beneficiary, joint bank account, joint credit card, etc) has us linked.

 

[canuck_in_uk]

Thanks Canuck! I noticed you're of great help in this community and I really appreciate your time and help.
Just one last question; We have run into one issue. He is under his father's insurance plan (from his work) as a dependent (child, of course) to help him save money. This means he is unable to add me as a beneficiary as he's not the main holder of the insurance in the first place. Should he get a new insurance just to help show our common-law relationship? Or is it okay to leave it out and explain the reason (save money)? My health insurance however does have him as my beneficiary so it's only his side that has an issue. Everything else (car insurance, bank account beneficiary, joint bank account, joint credit card, etc) has us linked.

He doesn't need to change his insurance and there is no reason to even mention it in the app, as it is not a required document.

 

[Canada8197]

He doesn't need to change his insurance and there is no reason to even mention it in the app, as it is not a required document.

I was told that we should show proofs of common-law, such as beneficiaries for each other. The statutory declaration for common-law also asks if we have each other as a beneficiary, I assumed it was a must to help prove a genuine-relationship. So the answer is no?

 

[canuck_in_uk]

I was told that we should show proofs of common-law, such as beneficiaries for each other. The statutory declaration for common-law also asks if we have each other as a beneficiary, I assumed it was a must to help prove a genuine-relationship. So the answer is no?

Have you looked through the checklist? Insurance proofs are just one of many types of proofs you can include, not an actual requirement. You will also find that IMM5409, Stat Dec of Common-law, is not even mentioned, let alone required.

 

[canadianwoman]

I would not bother explaining why you are not his beneficiary on his health insurance. Don't mention it at all. He is on your health insurance, which can be used as part of the proof you need. If the visa officer wonders about this, he or she will ask, and he can explain then.
An interview is unlikely, and it sounds to me like you have enough proof that you are common-law.
I would apply outland, simply because it is usually faster, maybe only a couple of months more than it would take to get the OWP inland.

 

[Canada8197]

I would not bother explaining why you are not his beneficiary on his health insurance. Don't mention it at all. He is on your health insurance, which can be used as part of the proof you need. If the visa officer wonders about this, he or she will ask, and he can explain then.
An interview is unlikely, and it sounds to me like you have enough proof that you are common-law.
I would apply outland, simply because it is usually faster, maybe only a couple of months more than it would take to get the OWP inland.

Thank you for the advice. Like I said before, I'm only afraid of an interview as traveling to nz is extremely expensive to us and really don't want to do, while inland has no appeal rights. However, inland does have owp which is really nice as I'd like to support us as well. I read that inland and Outland are now both around 12 months? Not quite sure though.

 

[canadianwoman]

It is really too soon to tell how the changed application process has affected the timelines for inland and outland. I think it is unlikely an interview will be requested, however.

 

[Imajin101]

I had the same questions and concerns as my spouse is from the US. I did consult with an immigration lawyer who is a friend and he indicated that he doesn't think that with new government commitment to the processing of the applications and the moving around of applications it would make a difference. We decided to go with the inland with OWP, hope it doesn't take over a year.