outland vs. inland for French citizen?

[k.h.p.]

If you apply for PR and OWP now and the visitor extension is refused, you will be denied OWP as you will not be in status. You could then apply for restoration and resubmit the OWP app.

If you wait for the extension response, you may need to apply for restoration to get into status in order to apply for the OWP.

To me, it sort of feels like six of one, half dozen of the other.

Personally, I'm a little concerned about the extension - you need to prove ties outside of Canada and financial capacity to continue a visit; stating you're married and that your wife will take care of you doesn't necessarily meet the needs of the extension. However, it could still be granted.

 

[hillb]

If you apply for PR and OWP now and the visitor extension is refused, you will be denied OWP as you will not be in status. You could then apply for restoration and resubmit the OWP app.

If you wait for the extension response, you may need to apply for restoration to get into status in order to apply for the OWP.

To me, it sort of feels like six of one, half dozen of the other.

Personally, I'm a little concerned about the extension - you need to prove ties outside of Canada and financial capacity to continue a visit; stating you're married and that your wife will take care of you doesn't necessarily meet the needs of the extension. However, it could still be granted.

OK, in this case, it seems like we should probably just apply for residency using an outland application. Because if we apply inland and for the OWP, and his visitor extension is denied, then the OWP will be denied and I'm concerned about that having an impact on the PR application. But if we apply with an outland application and his visitor extension is denied, then he can either leave the country and try to come back as a visitor some other time or just be in Canada without status waiting for his PR application (which you've said won't be impacted by his not having status).

One other thing I'm wondering is: If he checks the box that says he's applying outland but while living in Canada, can he then leave Canada if his visitor extension is denied?

 

[k.h.p.]

RE inland: if his extension is denied and his OWP is denied because the extension was denied, this will have no negative impact on the PR. The OWP and the PR are separate applications. If you take the OWP out of it, applying inland without status is exactly the same as applying outland, while in Canada, without status.

RE outland but in Canada: he can leave, but he isn't guaranteed to be let back into the country. That's why people live without status. This wouldn't be an issue if he hadn't already been flagged by CBSA as a potentially not genuine visitor.

Big caveat: if you apply outland, he must leave the country to do biometrics and any possible interviews. He may not be permitted to return to Canada afterwards. If you apply inland, you do not need to have him do biometrics.

 

[hillb]

RE inland: if his extension is denied and his OWP is denied because the extension was denied, this will have no negative impact on the PR. The OWP and the PR are separate applications. If you take the OWP out of it, applying inland without status is exactly the same as applying outland, while in Canada, without status.

RE outland but in Canada: he can leave, but he isn't guaranteed to be let back into the country. That's why people live without status. This wouldn't be an issue if he hadn't already been flagged by CBSA as a potentially not genuine visitor.

Big caveat: if you apply outland, he must leave the country to do biometrics and any possible interviews. He may not be permitted to return to Canada afterwards. If you apply inland, you do not need to have him do biometrics.

OK, all very good to know. Thanks much again!

 

[canuck_in_uk]

OK, in this case, it seems like we should probably just apply for residency using an outland application. Because if we apply inland and for the OWP, and his visitor extension is denied, then the OWP will be denied and I'm concerned about that having an impact on the PR application. But if we apply with an outland application and his visitor extension is denied, then he can either leave the country and try to come back as a visitor some other time or just be in Canada without status waiting for his PR application (which you've said won't be impacted by his not having status).

One other thing I'm wondering is: If he checks the box that says he's applying outland but while living in Canada, can he then leave Canada if his visitor extension is denied?

The extension app could be approved. IRCC is much more lenient than CBSA. Had he specifically stated in the extension app that he was applying for sponsorship, it would almost certainly have been approved.

If it were me, I would just apply inland with the OWP. If the visitor extension is refused, he can apply for Restoration, which would have a good chance of approval with a PR app submitted.

 

[hillb]

The extension app could be approved. IRCC is much more lenient than CBSA. Had he specifically stated in the extension app that he was applying for sponsorship, it would almost certainly have been approved.

If it were me, I would just apply inland with the OWP. If the visitor extension is refused, he can apply for Restoration, which would have a good chance of approval with a PR app submitted.

Thanks so much. If the OWP is in the middle of being processed when (if!) we get refused for the visitor extension, and we then immediately apply for Restoration, what happens to the OWP app? When in this whole process do they look at the OWP application and check on whether he has status or not? When we send in the OWP app (in the next week or so), he'll have implied status because he won't yet have received an answer re. his visitor extension. But it's possible that in several months, when the OWP would be issued, we'll be waiting on the Restoration response (and from what I can see, when you're waiting on the Restoration response you have no status).

 

[canuck_in_uk]

Thanks so much. If the OWP is in the middle of being processed when (if!) we get refused for the visitor extension, and we then immediately apply for Restoration, what happens to the OWP app? When in this whole process do they look at the OWP application and check on whether he has status or not? When we send in the OWP app (in the next week or so), he'll have implied status because he won't yet have received an answer re. his visitor extension. But it's possible that in several months, when the OWP would be issued, we'll be waiting on the Restoration response (and from what I can see, when you're waiting on the Restoration response you have no status).

The OWP would be refused if he hasn't been granted Restoration.

 

[hillb]

The OWP would be refused if he hasn't been granted Restoration.

OK, thanks again!