Apply outland, go to Canada after

[10thlevelimmigrant]

Hey guys, I have a question. I am Canadian and sponsoring my spouse for PR to come to Canada. We are both not living in Canada at the moment and planning on applying outland (almost done application). While the application is being processed, we want to travel to Canada (spouse on visitor visa) to start setting things up there, including renting an apartment. Does anyone think this will be a problem?

(For example, will we need to be back in our current home country for any reason? Or can we start setting things up in Canada while we wait?)

 

[armoured]

Hey guys, I have a question. I am Canadian and sponsoring my spouse for PR to come to Canada. We are both not living in Canada at the moment and planning on applying outland (almost done application). While the application is being processed, we want to travel to Canada (spouse on visitor visa) to start setting things up there, including renting an apartment. Does anyone think this will be a problem?

(For example, will we need to be back in our current home country for any reason? Or can we start setting things up in Canada while we wait?)

Won't be any problem doing that. The only reason your spouse would have to return to country of origin would be to have an interview with IRCC, which is a small percentage of total cases (basically if serious doubt about relationship). Plus they do some of these virtually anyway.

Note, you as Canadian citizen (you are a citizen?) living abroad will have to show intent to return to Canada. If you 'return' before application complete, it's in your interests to advise IRCC as soon as you can (eg arriving and sending IRCC a notification with address in Canada, even if temporary).

Nowadays with outland your spouse can also apply for a work permit while the PR is being processed; it takes a while but still a nice option. She can only apply from within Canada though (and after AOR is received).

 

[10thlevelimmigrant]

Note, you as Canadian citizen (you are a citizen?) living abroad will have to show intent to return to Canada. If you 'return' before application complete, it's in your interests to advise IRCC as soon as you can (eg arriving and sending IRCC a notification with address in Canada, even if temporary).

Thanks, armoured. Yes, I'm a born citizen, lived in Canada for around 30 years. I did see that intent on returning. My idea is to finish the application before returning to Canada. And as for the intent, I was going to give a copy of the plane tickets and AirBNB booking as well. (I will book these before finishing the application and then include it as part of the intent.)

 

[armoured]

Thanks, armoured. Yes, I'm a born citizen, lived in Canada for around 30 years. I did see that intent on returning. My idea is to finish the application before returning to Canada. And as for the intent, I was going to give a copy of the plane tickets and AirBNB booking as well. (I will book these before finishing the application and then include it as part of the intent.)

I think you'll want to include more detail about the intent to return. There've been many threads here about this. You'll want to show intent to settle in Canada together, permanently. This would generally mean concrete plans about where to live, work, and other key aspects (eg finances, etc). A ticket and an airbnb will likely be seen as weak.

Now, you can still proceed as you wish, and if it comes to it, show that you have returned/settled if/when IRCC asks for more information.

BUT: from a speed of processing and convenience aspect, it MIGHT make more sense for you to dispense with the intent to return stuff and simply apply after you return to Canada. Processing for these applications (inland) tends to be quicker. So in the end may be faster overall for you to apply a bit later. And you wouldn't have to provide the intent to return stuff, just some evidence you're now residing in Canada.

If your plan is to return in a year, then probably best to apply as you've described (but with more detail on intent). Depends on timelines.

Ultimately up to you, just an option to consider. No guarantees, and I don't know your plans in any detail or circumstances, of course.

 

[10thlevelimmigrant]

I think you'll want to include more detail about the intent to return. There've been many threads here about this. You'll want to show intent to settle in Canada together, permanently. This would generally mean concrete plans about where to live, work, and other key aspects (eg finances, etc). A ticket and an airbnb will likely be seen as weak.

Thanks, armoured. I do have a few more details: we decided on a city, I already have a job (remote -- can be done from anywhere in the world). But nothing like an apartment rented yet, although we have already started looking at apartments and even houses -- I'll write a more detailed plan then. And I did find somewhere on another site that if you apply inland you need some kind of minimum salary, and I am a little under that amount right now.

Plus my partner can only stay in Canada for 6 months (typically) on a visitor visa, so if we go to Canada and apply after, then we will very quickly run out of that time -- and not sure what we would do after that.

 

[Copingwithlife]

Thanks, armoured. I do have a few more details: we decided on a city, I already have a job (remote -- can be done from anywhere in the world). But nothing like an apartment rented yet. And I did find somewhere on another site that if you apply inland you need some kind of minimum salary, and I am a little under that amount.

Plus my partner can only stay in Canada for 6 months (typically) on a visitor visa, so if we go to Canada and apply after, then we will very quickly run out of that time -- and not sure what we would do after that.

Then you request an extension for there stay just prior to there six months ending

 

[Buletruck]

Hey guys, I have a question. I am Canadian and sponsoring my spouse for PR to come to Canada. We are both not living in Canada at the moment and planning on applying outland (almost done application). While the application is being processed, we want to travel to Canada (spouse on visitor visa) to start setting things up there, including renting an apartment. Does anyone think this will be a problem?

(For example, will we need to be back in our current home country for any reason? Or can we start setting things up in Canada while we wait?)

Been there....done that. Wasn't an issue, including several trips out of Canada during the processing. Just make sure the status stays current.

 

[armoured]

Thanks, armoured. I do have a few more details: we decided on a city, I already have a job (remote -- can be done from anywhere in the world). But nothing like an apartment rented yet, although we have already started looking at apartments and even houses -- I'll write a more detailed plan then. And I did find somewhere on another site that if you apply inland you need some kind of minimum salary, and I am a little under that amount right now.

Plus my partner can only stay in Canada for 6 months (typically) on a visitor visa, so if we go to Canada and apply after, then we will very quickly run out of that time -- and not sure what we would do after that.

-Job is very good, having even some searches for places to live / contacts with realtor etc good to, etc. If you're moving stuff, contacts with a moving company. You get the idea. It doesn't have to be all firmed up but planning / starting is what they look at. The job really helps and is strongest point - it might actually help if there was indication from the employer that they expect you to be based in Canada or near to their office within some period of time.

-You dont' actually need minimum salary to sponsor spouse under inland. That's a slight misreading of the requirements.

-As noted, your spouse can apply to extend stay, routinely granted for cases where spousal sponsorship in process.

For the 'intent to stay'/returning to Canada files (I did this), it's fairly clear that it does add an extra step internally, possibly a higher level of approval; what's not clear is whether that means an extra day or a few months (probably random / depending on things we don't know). If they're not happy with the intent to return stuff, they do ask for more info and that can add a lot of time.

As a very rough guess - I'd say if you're planning to move in less than 3 or 4 months, inland may be better; if more than ~8 months, just apply soonest you can from abroad. In between - no idea / flip a coin. (Others might have a better idea than I do, I don't follow processing times that closely).

Oh, one small additional point: if your spouse is applying inland, it's better if they remain in Canada once the process is started. Can apply outland (even if in Canada) if they expect to need to travel a lot.

 

[canuck78]

Thanks, armoured. I do have a few more details: we decided on a city, I already have a job (remote -- can be done from anywhere in the world). But nothing like an apartment rented yet, although we have already started looking at apartments and even houses -- I'll write a more detailed plan then. And I did find somewhere on another site that if you apply inland you need some kind of minimum salary, and I am a little under that amount right now.

Plus my partner can only stay in Canada for 6 months (typically) on a visitor visa, so if we go to Canada and apply after, then we will very quickly run out of that time -- and not sure what we would do after that.

IRCC typically wants concrete proof so wouldn’t waste to much time submitting hypotheticals. When you get to Canada get your employer to confirm that you’ll be working in Canada (incl job description) where as you used to be a remote worker from abroad, attach a lease or proof of home purchase, post on social media about your permanent return to Canada, proof that you have renewed your health card (if you haven’t met the provincial residency requirement that is a requirement), etc. As previous said your spouse should be able to extend her status as a visitor with proof of submitted spousal sponsorship.

Also depending on the province your spouse will not qualify for provincial health right away or for many months so do your research and buy emergency health insurance.

 

[armoured]

IRCC typically wants concrete proof so wouldn’t waste to much time submitting hypotheticals.

I somewhat disagree on this but possibly a question of wording: a 'plan' to arrive can be hypothetical. A plan with evidence supporting it is not so much hypothetical.

What works better is evidence that you are not just thinking about but taking concrete steps. Some evidence is stronger than others - eg a google search of places to live is weak, correspondence or a contract with a realtor is stronger. Quotes from a mover is evidence, etc.

Job with a Canadian employer is strong, job with condition of employment (in writing) that you'll be based in Canada is stronger. (If contract states that you're Canada based too perhaps)

But agree, of course, that as soon as you arrive in Canada advise of change of address. The best concrete evidence of moving to Canada to settle is actually having moved to Canada.

 

[canuck78]

I somewhat disagree on this but possibly a question of wording: a 'plan' to arrive can be hypothetical. A plan with evidence supporting it is not so much hypothetical.

What works better is evidence that you are not just thinking about but taking concrete steps. Some evidence is stronger than others - eg a google search of places to live is weak, correspondence or a contract with a realtor is stronger. Quotes from a mover is evidence, etc.

Job with a Canadian employer is strong, job with condition of employment (in writing) that you'll be based in Canada is stronger. (If contract states that you're Canada based too perhaps)

But agree, of course, that as soon as you arrive in Canada advise of change of address. The best concrete evidence of moving to Canada to settle is actually having moved to Canada.

Why waste time of the hypothetical if they plan on relocating before sponsorship approval. IRCC would be much happier with proof they are already in Canada once they get to Canada and can upload the info.

 

[armoured]

Why waste time of the hypothetical if they plan on relocating before sponsorship approval. IRCC would be much happier with proof they are already in Canada once they get to Canada and can upload the info.

-If they can simply move before and apply inland, great, avoid the plans entirely - that is, after all, what I'm suggesting. Put explicitly, if they plan to move before sponsorship approval, i.e. 2-3 months from now, I'd delay and apply inland - almost a no-brainer IMO.

-If they apply before they leave because moving to Canada is eg 8+ months away, then they should not do 'hypothetical' but supported by some evidence.

But yes, submit info about arriving as soon as they do.

Obviously there are some other scenarios in between these and they may depend some on circumstances.

 

[armoured]

BTW worth considering here - if the sponsor has more flexibility than applicant - could return to Canada a bit earlier and submit app to sponsor outland, would be another way to be rid of the intent to return rigamarole.

 

[10thlevelimmigrant]

Thanks guys, this gives me some good food for thought. The inland option may be a good idea after all. I will do a bit more research but you folks gave me something to think about. To add a few more details/replies to what you folks said:

1. There is no constraint on timeframes. My job is remote and I can move/work from anywhere in the world. Our lease at our current overseas apartment is month-to-month so we can just leave any time -- in reply to armoured, we both have equal and a good amount of flexibility
2. However, one thing I will mention is that my job is not from a Canadian employer. Rather, it's based in the United States. I do have a letter from them but they really don't care which country I work in

The only reasons why I wanted to apply for an outland one is that we still need 2-3 months to prepare for the move so I thought it might help to get the process going. But we don't have any other constraints other than to clear out our apartment here.

 

[armoured]

The only reasons why I wanted to apply for an outland one is that we still need 2-3 months to prepare for the move so I thought it might help to get the process going. But we don't have any other constraints other than to clear out our apartment here.

Do look into the inland documentation and make sure it'll work for you. If you're not that far along with the application docs yet, you may find it easier switch that over.

Having done the from-abroad with intent to return, it was time consuming. If calendar and family timing had been different, I'd gladly have skipped that and concentrated effort on moving.

Since job is not canadian, that makes it a bit less strong of a file too. I don't know about what you'd need to show to demonstrate you're in Canada though if employer abroad. Probably just work contract, but you'll have to pay attention to taxes later.