American with Student Visa Applying for Permanent Residency within Canada

[bdimmigration]

I am:

*An American Citizen
*Living in Canada (Quebec) on a student visa valid until August 2012
*An investor and shareholder in a small, incorporated business in Quebec. I am actively involved in the business , though not technically on the company's payroll (I have no work permit).

*I am applying for permanent residency and am being sponsored by my common-law partner, with whom I have lived for 2.5 years with evidence of our relationship, etc.

QUESTIONS:
1. Am I able to apply as an "outland" applicant while remaining in Canada?
2. What are the benefits of doing so, taking into consideration the date of expiry of my student visa and involvement with a small business?
3. What are the benefits of applying inland, taking into consideration the date of expiry of my student visa and involvement with a small business
4. I would like to also apply for an open work permit. Is this necessary?
5. What would happen if my student visa where to expire before I am granted PR (either via inland or outland application)?

Any comments are very much appreciated, thank you!

 

[CharlieD10]

1. Yes.
2. Outland applications preserve the right of appeal in case the application is denied, and if you have to leave Canada for any reason and are not permitted re-entry for any reason, your application is still "safe", an inland application is considered abandoned if the applicant leaves Canada and is not allowed re-entry. Outland is also generally faster. You could have PR via Outland long before the 10 months required for AIP (approval in principle, stage 1 approval) via Inland.
3. Inland applications can be joined with applications for open work permit, to allow you to work and obtain health care while the PR process is finalised.
4. Only if you apply inland.
5. You can apply to vary your status to visitor before it expires, with the reason being your PR application. Such requests are not usually denied if there is proof that the PR application is in process, and the applicant is visa-exempt.

 

[bdimmigration]

Thanks very much for the info. What are the travel restrictions during an inland vs outland application? Am I more free to travel to the US and back with one or the other? I understand the difference if I am denied re-entry (outland application stays valid).

What are reasons I would be denied re-entry? I have a valid student visa...

Thank you for your time....

 

[CharlieD10]

It is generally recommended that an inland applicant remain in the country. There are no restrictions per se, from one versus the other, but as I said before, if you are denied re-entry for any reason, your Inland application and most associated fees go out the window.

Also, you have no right of appeal if the application is denied Inland, you have to start all over again Outland.

Although the current trend seems to be awarding PR within weeks of or concurrently with AIP, an Outland application is still a faster application in most cases. Currently there are American applicants who applied via Buffalo in Feb and Mar 2011 who are receiving their PRs (2-3 months processing at Buffalo, one month in CPC-M, for a total of 3-4 months), whereas Inland applicants from these months will not have their applications dealt with for AIP until Dec 2011/Jan 2012. This is by way of a limited practical example, you understand. All cases are considered on their individual merits, and only the applicants can assess which route is best for them.

 

[bdimmigration]

Thanks again for your help.

Another question as I move forward with an Outland PR application:

1)
FORM IMM 0008
Question 15

Do I provide my current address in Canada as my residential address? Or is a permanent address in the US required?
I have legal status in Canada as a student.

2)
I have received statutory declarations from family members stating the genuine nature of my relationship with my sponsor. These are noted as supporting documents for the inland application, which I have decided not to submit.

Could I include these in the outland application instead? And in what section?

Your advice is greatly appreciated!

 

[CharlieD10]

1) Yes.

2) Yes. We submitted letters from our family members in the "supporting information" part of the application. Basically we put everything together for the sponsor, according to their checklist, then for the applicant, according to their checklist, then we had all the supporting photos, telephone bills, letters from family etc together with tabs indicating what was what.