Advice appreaciated

[Thirdjonesgirl]

Hi,

I'm a Canadian citizen who married a citizen of Mali (West Africa) in October 2014, in Montreal, Quebec. Since being married, I have been in the US as a visitor. He completed his studies in the US and is on a one year work permit that will expire in May 2015. Our plan is to return to Canada at that time and start an immigration process as soon as we get back. From what I understand he will be able to enter the country as a visitor and we can apply to change his status from inside the country. Our biggest concern is his ability to work or study ASAP after we enter the country. From what I understand, the sponsored person cannot work or study in Canada until CIC says so... and that can take a long waiting period of 8-10 months before we even hear back from there.

So my question is would it be better for him to enter the country on a student visa? and then work on his sponsorship after that? Or stick to the Sponsorship route and hope that we get stage 1 approval. I guess what I am asking is? what is the quickest and best process to undertake so that my husband can work or study ASAP?

Advice much appreciated!

 

[chakrab]

as a citizen you can apply outland even while living outside of canada, provided you show proof that both of you will settle down in canada after receiving PR. based on current situation, it's advisable to apply outland (not sure where Mali citizens are processed) than applying inland (inland is taking close to two-three years now in total).

 

[Ponga]

Hi,

I'm a Canadian citizen who married a citizen of Mali (West Africa) in October 2014, in Montreal, Quebec. Since being married, I have been in the US as a visitor. He completed his studies in the US and is on a one year work permit that will expire in May 2015. Our plan is to return to Canada at that time and start an immigration process as soon as we get back. From what I understand he will be able to enter the country as a visitor and we can apply to change his status from inside the country. Our biggest concern is his ability to work or study ASAP after we enter the country. From what I understand, the sponsored person cannot work or study in Canada until CIC says so... and that can take a long waiting period of 8-10 months before we even hear back from there.

So my question is would it be better for him to enter the country on a student visa? and then work on his sponsorship after that? Or stick to the Sponsorship route and hope that we get stage 1 approval. I guess what I am asking is? what is the quickest and best process to undertake so that my husband can work or study ASAP?

Advice much appreciated!

Why not apply now? Since you are married (and are a Canadian citizen), you can submit an Outland application while you are visiting him in the U.S..

If he has been legally admitted to the U.S. for 1 year or more, it's also possible that he could have his part of the application processed in Ottawa (where the majority of American applications are processed).

 

[rhcohen2014]

yes, i also wonder what's stopping you from starting the process now? if you are married and a canadian citizen, you qualify now. that way, by the time you're ready to move to canada, he'll be either already approved or close to it!

 

[blueangel371115]

I agree. All you would need to prove is your intent to move and reside in Canada.

 

[Thirdjonesgirl]

My issue with applying outland now is, his status in the US expires in May of this year. So if we apply now but don't hear back before May. He will be able to enter Canada as a visitor but that's it. When that 6 month period ends, he will no longer have any status in the US to return to and will therefore be obligated to return to Mali until we receive a response? Am I wrong? I have heard that outland applications are faster, but are we still not looking at least a year to get it processed or do you think it will be fast tracked because he has been in the US?

Thanks for your responses!

 

[chakrab]

My issue with applying outland now is, his status in the US expires in May of this year. So if we apply now but don't hear back before May. He will be able to enter Canada as a visitor but that's it. When that 6 month period ends, he will no longer have any status in the US to return to and will therefore be obligated to return to Mali until we receive a response? Am I wrong? I have heard that outland applications are faster, but are we still not looking at least a year to get it processed or do you think it will be fast tracked because he has been in the US?

Thanks for your responses!

you can start application as outland with US mailing address and then change the address when you move to Canada. make sure he gets the visitor permit extended in canada beyond 6 months if needed. he wouldn't be required to return to Mali. but if he doesn't need a visa to enter canada, then he wouldn't even need to send his passport.

 

[rhcohen2014]

My issue with applying outland now is, his status in the US expires in May of this year. So if we apply now but don't hear back before May. He will be able to enter Canada as a visitor but that's it. When that 6 month period ends, he will no longer have any status in the US to return to and will therefore be obligated to return to Mali until we receive a response? Am I wrong? I have heard that outland applications are faster, but are we still not looking at least a year to get it processed or do you think it will be fast tracked because he has been in the US?

Thanks for your responses!

no one can guarantee his application will actually be processed based on his current residence, and there is no way to guarantee it will be "faster" to do so.

if you apply now, there is nothing that's stopping you from moving in may, thus still giving him the ability to enter as a visitor from the US. he does not have to leave once the 6 months are up. he can apply to extend his stay as a visitor until his pr application is processed, if it takes longer than that to process the application. pr applicants are rarely denied extensions. so if you apply in february or march, you start the clock on the application. say it takes 7-8 months total time (i am not sure what the average is for mali), that means he could be approved by september or october. He can enter Canada as a visitor in may before his status expires in the us, and wait 4 months or so for approval. if for some reason processing is longer than the 6 mo. from may, then he can extend his stay as a visitor. does that make sense?

 

[Ponga]

Depending on how this new OWP pilot project progresses, an Inland application might be a better option for the OP.

Being able to work in ~ 4 months (with a much longer processing time to obtain PR), versus being in Canada (as a visitor) unable to work for much longer with an Outland application.

Thoughts?

 

[Thirdjonesgirl]

no one can guarantee his application will actually be processed based on his current residence, and there is no way to guarantee it will be "faster" to do so.

if you apply now, there is nothing that's stopping you from moving in may, thus still giving him the ability to enter as a visitor from the US. he does not have to leave once the 6 months are up. he can apply to extend his stay as a visitor until his pr application is processed, if it takes longer than that to process the application. pr applicants are rarely denied extensions. so if you apply in february or march, you start the clock on the application. say it takes 7-8 months total time (i am not sure what the average is for mali), that means he could be approved by september or october. He can enter Canada as a visitor in may before his status expires in the us, and wait 4 months or so for approval. if for some reason processing is longer than the 6 mo. from may, then he can extend his stay as a visitor. does that make sense?

It does make sense. He has been in the US for 5 years now but as a student. If he is a resident here (USA) and I understand correctly I send our application directly to Ottawa and that it is up to them to choose where it will be processed? Will they ship it off to Mali or an embassy in the US or directly in Ottawa?
What happens once he gets approved outland? He simply gets PR? Does he have to leave the country at any point? My understanding was that as an outland application, the spouse had to be living outside of Canada. But I guess if he has a visitor visa, there is no reason that he cannot enter the country legally and extend his stay until his PR is approved.

 

[rhcohen2014]

Depending on how this new OWP pilot project progresses, an Inland application might be a better option for the OP.

Being able to work in ~ 4 months (with a much longer processing time to obtain PR), versus being in Canada (as a visitor) unable to work for much longer with an Outland application.

Thoughts?

never. there is no guarantee it will be 4 months to process. we don't even know if the 4 month wait starts when the application is RECEIVED or when AOR is sent. those are 2 very different timelines. until we know how quickly owp are being issued for NEW applicants, it is STILL not advised to risk an inland application for us citizens. becoming pr and being approved for an OWP do not give you the same rights.

 

[MilesAway]

You send the application to Mississauga, not Ottawa. They will decide where to send it. Outland simply refers to where the file is processed, not where the applicant is located. The applicant can be anywhere in the world, including Canada. Once he gets his PR, then he needs to land as a PR. This can be done by making an appointment at a CIC office (which can take time), or by flagpoling at the nearest US border.

 

[Thirdjonesgirl]

Depending on how this new OWP pilot project progresses, an Inland application might be a better option for the OP.

Being able to work in ~ 4 months (with a much longer processing time to obtain PR), versus being in Canada (as a visitor) unable to work for much longer with an Outland application.

Thoughts?

Yes! I read about the pilot OWP ... Are they basically saying that they will issue work permits 4 months after they receive our application? what are the chances that we will actually obtain an OWP in 4 months? So if we apply in May he should have the right to work by September? Seems a bit too good to be true. Has anyone actually experienced this?

 

[stone12m]

I understand what you are saying, OP, but sadly there is no way around it-- you will most likely apply and then he either has to sit in Canada doing nothing for a while, or you will have to spend some time apart.

Before my wife and I applied, we pursued a similar route. We tried so hard to get her a work permit and a job so she could be doing something while we applied for her family PR. It just doesn't really work that way, unfortunately. Not realizing this held us back at least a year. (outland is definitely the way to go, btw)

 

[Thirdjonesgirl]

You send the application to Mississauga, not Ottawa. They will decide where to send it. Outland simply refers to where the file is processed, not where the applicant is located. The applicant can be anywhere in the world, including Canada. Once he gets his PR, then he needs to land as a PR. This can be done by making an appointment at a CIC office (which can take time), or by flagpoling at the nearest US border.

Thanks for the clarification!