Please help: Inland or Outland?

[Selene_Underworld]

Hello everyone,

I am about to submit my application under Common-law partner sponsorship. My partner is Canadian citizen, I have been living with him for more than 12 consecutive months in Canada. My son is living in Vietnam. I have visitor visa to Canada valid until 2023.

We have been debating whether we should apply from inland or outland. We prefer the inland option, as I also apply for an open work permit, and therefore I could later have health care here in Canada. However, my questions are:

1- Is it true that we won't have the right to revoke if my application is refused?.
2 - Is processing time for inland much longer than for outland?
3 - Can I bring my son to Canada when I have a job here later?

Thank you for your time! I am looking forward to hearing from you.

Selene Nguyet.

 

[KBH]

1) If you are refused, you would need to re-apply, rather than appeal.
2) It depends where you are from. Unless you are American, the inland and outland processing times are pretty similar now. Inland is consistently taking around 12 months for many applicants.
3) Yes, either now or later. Your son will still need to be declared on the application, but he will be "non accompanying" if you are not sponsoring him now

 

[YVR123]

We prefer the inland option, as I also apply for an open work permit, and therefore I could later have health care here in Canada. However, my questions are:

You are not guarantee with healthcare coverage with OWP. Each province has their own policy. Check details before you make the decision based on healthcare coverage.

 

[Bs65]

Hello everyone,

I am about to submit my application under Common-law partner sponsorship. My partner is Canadian citizen, I have been living with him for more than 12 consecutive months in Canada. My son is living in Vietnam. I have visitor visa to Canada valid until 2023.

We have been debating whether we should apply from inland or outland. We prefer the inland option, as I also apply for an open work permit, and therefore I could later have health care here in Canada. However, my questions are:

1- Is it true that we won't have the right to revoke if my application is refused?.
2 - Is processing time for inland much longer than for outland?
3 - Can I bring my son to Canada when I have a job here later?

Thank you for your time! I am looking forward to hearing from you.

Selene Nguyet.

you say you have a visitor visa valid until 2023 but that probably only allows you multiple entry until that time not to stay until that time without leaving or extending stay., I would assume therefore that you are processing extend stay as a visitor applications on a regular basis given visitors only usually are authorised to stay upto 6 months at a time, or do you have some other status as well such as a study permit ?

 

[Selene_Underworld]

1) If you are refused, you would need to re-apply, rather than appeal.
2) It depends where you are from. Unless you are American, the inland and outland processing times are pretty similar now. Inland is consistently taking around 12 months for many applicants.
3) Yes, either now or later. Your son will still need to be declared on the application, but he will be "non accompanying" if you are not sponsoring him now

Thank you for your reply. Regarding No.3 - my son is in the application with me. I am thinking of the possibility of bringing him to Canada earlier, given I could get a job here. Do you know if that's possible?

 

[Selene_Underworld]

you say you have a visitor visa valid until 2023 but that probably only allows you multiple entry until that time not to stay until that time without leaving or extending stay., I would assume therefore that you are processing extend stay as a visitor applications on a regular basis given visitors only usually are authorised to stay upto 6 months at a time, or do you have some other status as well such as a study permit ?

Hello, yes, I understand that my current visa does not allow me to stay in Canada until 2023. What I meant by mentioning it is that I can come and go anytime, as I've been doing in the last 2 years. Now that I have enough of at least 12 consecutive months living with my partner, I don't really have to worry about extending my stay as a visitor beyond 6 months anymore.

 

[Selene_Underworld]

You are not guarantee with healthcare coverage with OWP. Each province has their own policy. Check details before you make the decision based on healthcare coverage.

I am in BC. I understand I won't be guaranteed with healthcare coverage, I am thinking of (1) having a job that provide me with healthcare or (2) by staying in BC for more than 3 months with an OWP, I can pay for BC care card as a resident.

 

[Selene_Underworld]

1) If you are refused, you would need to re-apply, rather than appeal.
2) It depends where you are from. Unless you are American, the inland and outland processing times are pretty similar now. Inland is consistently taking around 12 months for many applicants.
3) Yes, either now or later. Your son will still need to be declared on the application, but he will be "non accompanying" if you are not sponsoring him now

Also, do you know how long an appeal would take?

 

[Miraclejj]

Hello, yes, I understand that my current visa does not allow me to stay in Canada until 2023. What I meant by mentioning it is that I can come and go anytime, as I've been doing in the last 2 years. Now that I have enough of at least 12 consecutive months living with my partner, I don't really have to worry about extending my stay as a visitor beyond 6 months anymore.

If you file an inland application, you will need to physically stay in Canada through the entire process time, and you cannot come and go as you did before. If you come and go, it bears the risk that CBSA will refuse you enter Canada, and then CIC will see you as abandoning your application. And By living with your partner for 12 consecutive months won't automatically grant you an implied status. You will gain implied status only after you file your inland application with OWP, and if you file an outland application, there is no implied status, you still need to keep renewing your visitor status till the decision made on your case. You can try to apply TRV for your son, but it could be very difficult to get approved. Also, as other said earlier, with an inland application, there will be no appeal, the decision is final. With an outland application, you have the right to appeal the negative decision, and in BC, currently it takes about 18 months to have a hearing date.

 

[Selene_Underworld]

If you file an inland application, you will need to physically stay in Canada through the entire process time, and you cannot come and go as you did before. If you come and go, it bears the risk that CBSA will refuse you enter Canada, and then CIC will see you as abandoning your application. And By living with your partner for 12 consecutive months won't automatically grant you an implied status. You will gain implied status only after you file your inland application with OWP, and if you file an outland application, there is no implied status, you still need to keep renewing your visitor status till the decision made on your case. You can try to apply TRV for your son, but it could be very difficult to get approved. Also, as other said earlier, with an inland application, there will be no appeal, the decision is final. With an outland application, you have the right to appeal the negative decision, and in BC, currently it takes about 18 months to have a hearing date.

THANK YOU Miraclejj. I am sorry for .... having more questions. May I ask if the "implied status" you mentioned means the common-law relationship or something else?
For the appeal, if it takes 18 months to have a hearing date, perhaps it's faster to re-apply and get processed within 12 months?
If I look at outland options, do I have to apply from my homeland (Vietnam) or I can choose a country with a faster processing time?

 

[Selene_Underworld]

First of all, I would like to express my appreciation for your time to read the thread and to help me navigate through this procedures.

Since I am assessing the outland application option, I realize I would have to change how I answer/ provide information for section 7 - Proof of Relationship to Sponsor:

Instead of ticking the box saying ""YES" for the question "Are you and your common-law partner currently living together?", I would need to choose "NO" - is that correct?

In the last 18 months we have been living together in Canada. Every 5 or almost 6 months we traveled together to maintain the time together and then come back to Canada. If I file an outland application, I can continue visiting Canada and staying for less than 6 months at a time, but I won't be claiming that we live together - is that correct?

We just try to stay together as much as possible, but we also want to minimize any risk with the application...

many thanks,
Selene

 

[Miraclejj]

THANK YOU Miraclejj. I am sorry for .... having more questions. May I ask if the "implied status" you mentioned means the common-law relationship or something else?
For the appeal, if it takes 18 months to have a hearing date, perhaps it's faster to re-apply and get processed within 12 months?
If I look at outland options, do I have to apply from my homeland (Vietnam) or I can choose a country with a faster processing time?

Implied status has nothing to do with you relationship. It is a legal status that will allow you to stay in Canada till you case reaches a decision, and it only applies to inland application. Outland application doesn't come with an implied status. You can file an outland application while you are still living and waiting in Canada, and you just need to keep renewing your visitor status. And most likely, your case will be transferred to the VO that handle's applicants from Vietnam. You cannot pick and choose which VO you would like to have your case processed, CIC decides that. If there will be an interview request, you have to go to that VO to attend it. While re-apply is faster, it only works if the refusal is because some issues that can be simply fixed, or your life has significant change, otherwise, it will most likely end in the refusal again.

 

[Selene_Underworld]

Implied status has nothing to do with you relationship. It is a legal status that will allow you to stay in Canada till you case reaches a decision, and it only applies to inland application. Outland application doesn't come with an implied status. You can file an outland application while you are still living and waiting in Canada, and you just need to keep renewing your visitor status. And most likely, your case will be transferred to the VO that handle's applicants from Vietnam. You cannot pick and choose which VO you would like to have your case processed, CIC decides that. If there will be an interview request, you have to go to that VO to attend it. While re-apply is faster, it only works if the refusal is because some issues that can be simply fixed, or your life has significant change, otherwise, it will most likely end in the refusal again.

I see. Thank you for the time you spent to help out. I'll discuss carefully again with my partner to choose the best option for us.

 

[canuck_in_uk]

First of all, I would like to express my appreciation for your time to read the thread and to help me navigate through this procedures.

Since I am assessing the outland application option, I realize I would have to change how I answer/ provide information for section 7 - Proof of Relationship to Sponsor:

Instead of ticking the box saying ""YES" for the question "Are you and your common-law partner currently living together?", I would need to choose "NO" - is that correct?

In the last 18 months we have been living together in Canada. Every 5 or almost 6 months we traveled together to maintain the time together and then come back to Canada. If I file an outland application, I can continue visiting Canada and staying for less than 6 months at a time, but I won't be claiming that we live together - is that correct?

We just try to stay together as much as possible, but we also want to minimize any risk with the application...

many thanks,
Selene

The answer to that question does NOT change if you are applying outland. Either you live together or you don't.

 

[Selene_Underworld]

The answer to that question does NOT change if you are applying outland. Either you live together or you don't.

Yes, I figured it has to be the truth, not the nature of where I apply from. Thank you for confirming it. Cheers, S.