Potential issues with outland application and going to Canada on TRV?

[nemesest]

Hi all, from what I can tell, applying outland is better than inland because of faster processing times.

My spouse and I are in U.S. looking to go to Canada soon. Would it make sense to apply outland from U.S., and then for my spouse to visit as a tourist (she already has a tourist visa)? Are there any drawback to this approach? For example, would it look suspicious if we went to Canada while the mail is inflight?

It seems like also there's a possibility to get called for an interview but it's a low probability, I think. In the case we do, we would need to go to U.S. but my spouse wouldn't have a U.S. visa anymore. Is there something we can do?

 

[Rob_TO]

If you apply outland, IRCC will probably choose her country of citizenship for PR processing, not the USA. In this case if interview is required she would have to fly to her home country to attend it.

It's perfectly fine to apply outland and go to Canada as visitor. She just needs to make sure she keeps extending her visitor status, and will not get an open work permit.

If she applied for PR inland while in Canada, she would get an OWP and can stay in Canada for duration of processing.

 

[Lmac4]

Hi Rob

If you apply outland, IRCC will probably choose her country of citizenship for PR processing, not the USA. In this case if interview is required she would have to fly to her home country to attend it.

It's perfectly fine to apply outland and go to Canada as visitor. She just needs to make sure she keeps extending her visitor status, and will not get an open work permit.

If she applied for PR inland while in Canada, she would get an OWP and can stay in Canada for duration of processing.

Hi Rob_TO,
you seem to be familiar with this type of advice...

I just have a few questions in regard to the INLAND VS. OUTLAND options as well. I am currently on a TN visa in America with my American fiancée. Getting married within the next month. Ultimately, I don't care how long this whole process takes... my goal was to be back in Canada in the 2018, I ultimately don't see that happening anymore. But my main hopes is to move back to Canada ASAP, and have my fiancée working ASAP.

Based on your experience, what would be the better option.. inland or outland?

1) Is it better to head back to Canada, do an inland application, as well as (apply for a visit visa extension, and an open work permit) all at once- wait for the first stage approval so we can get the work permit at the same time (hopefully 6-8 months)
2) Wait, stay in America - (I am on a Visa here), while we both work, do the outland application (have it be done a little sooner), so when we move back to Canada he can begin work right away?

Just looking for some more insight on the two options considering we are together in America, and both working...

 

[Rob_TO]

1) Is it better to head back to Canada, do an inland application, as well as (apply for a visit visa extension, and an open work permit) all at once- wait for the first stage approval so we can get the work permit at the same time (hopefully 6-8 months)

When he enters Canada as a visitor, he'll typically get 6-months visitor status automatically. Just don't make it look like he's moving to Canada (so bring luggage typical of a vistior, be able to show ties to US, a return flight if flying, etc).

As long as you're married or common-law and submit an INLAND application along with the OWP app during these first 6 months, he will get the OWP within 3-4 months. There should be no need to extend visitor status as the OWP will give status for duration of app processing.

With an inland app in process, should prepare to remain in Canada for duration of processing since trips outside Canada could put application at risk (although it's still possible and low risk if really need to travel).

2) Wait, stay in America - (I am on a Visa here), while we both work, do the outland application (have it be done a little sooner), so when we move back to Canada he can begin work right away?

Sure that is an option also.

I'm not sure the typical processing times for US citizens these days.

 

[Lmac4]

When he enters Canada as a visitor, he'll typically get 6-months visitor status automatically. Just don't make it look like he's moving to Canada (so bring luggage typical of a vistior, be able to show ties to US, a return flight if flying, etc).

As long as you're married or common-law and submit an INLAND application along with the OWP app during these first 6 months, he will get the OWP within 3-4 months. There should be no need to extend visitor status as the OWP will give status for duration of app processing.

With an inland app in process, should prepare to remain in Canada for duration of processing since trips outside Canada could put application at risk (although it's still possible and low risk if really need to travel).



Sure that is an option also.

I'm not sure the typical processing times for US citizens these days.

Rob,

1) Do you apply for the visitor visa beforehand, or at the date of the arrival? Once crossing, as you stated, just bring enough stuff that makes it look like he's just visiting/touring for the 6 months with a "plan" to go back? Once we get back into Canada, we can submit our INLAND app with OWP. And noted that it's probably best for him to remain IN Canada, so that "plan to go back" is out the window.

 

[Rob_TO]

Rob,

1) Do you apply for the visitor visa beforehand, or at the date of the arrival? Once crossing, as you stated, just bring enough stuff that makes it look like he's just visiting/touring for the 6 months with a "plan" to go back? Once we get back into Canada, we can submit our INLAND app with OWP. And noted that it's probably best for him to remain IN Canada, so that "plan to go back" is out the window.

US citizens are visa-exempt, so there is no possible visa to apply for. They simply show up at the border, and enter as a vistor based solely on their US passport. In most cases CBSA simply waves them in, which gives an automatic 6-months visitor status.

If any issues at the border CBSA may stamp the passport or give a visitor record with a date shorter than 6-months. But you won't know until you try to enter.

And yes, it's a silly game you have to play to show intent to return back when entering, but once inside Canada it's perfectly fine to submit the inland PR app and stay permanently. In case app is not submitted in time, can also just apply to extend visitor status as needed while inside Canada.