Applying in Canada Vs. Outside of Canada

[Spinwmts]

Hello Everyone, and thanks in advance for any help you can give on this tricky subject;

I'm currently in Canada under a student visa, living with my fiance. However due to lengthy processing times for applying within the country, I'm wondering if it would be possible to use my parents house in the US as my primary residents for the application. I can actually go there to submit the application and return to Canada under the student visa. This way I believe I can get a work permit in a 40 days instead of 11 months.

Has anyone had any experience with this? What are the risks of being denied since I am temporarily in Canada studying even though I will be "applying outside of Canada"

 

[rhcohen2014]

there is no "risk of being denied" if you put a canadian residence when you apply outland. you don't have to use a US residence for an Outland applicaton. Applying outland has nothing to do with where the applicant is living, it has to do with their citizenship and where the application will process. It is perfectly acceptable to use a Canadian address in an outland application if you plan to be in canada as a student, worker or visitor during the processing of your application. You want to put the address where you will plan to be upon approval because that is where your approval papers will be sent.

if you plan to be in canada on a student visa while you are awaiting PR approval then use the address you will be at in canada. It is not necessary to to apply for a study visa and go to school in canada just to be there while your applicaiton processes. you can also be in canada as a VISITOR while the applicaiton is processing, AND use a Canadian address for communication purposes with CIC. You do not need to have a student or work visa to be in canada while an outland application is processing. If you do enter as a visitor, you are not allow to study in a program that is longer than 6 mo OR work for a canadian company. You are strictly a visitor, and can also apply to extend your stay as a visitor if need be.

 

[Spinwmts]

Hello, Thanks for the advice! That is indeed good news! I'm wondering why anyone would use the inland application?

 

[Kayaker]

Yes, absolutely, apply outland, as rhcohen2014 says.

One thing - you mentioned "I can get a work permit in a 40 days instead of 11 months." If you are thinking about OWP, that is an option only for Inland applicants after stage 1 (sponsorship) approval. For Outland applicants, this is not an option at all.

If you apply outland and your application is straightforward and complete, you will likely receive PR in about 6 months. If you apply Inland, you will likely receive stage 1 approval and be able to start working after 13+ months, and probably PR after about 2+ years.

 

[Kayaker]

Hello, Thanks for the advice! That is indeed good news! I'm wondering why anyone would use the inland application?

The one major advantage of an Inland application is that you can be in Canada illegally (without status) and still apply.

 

[rhcohen2014]

Hello, Thanks for the advice! That is indeed good news! I'm wondering why anyone would use the inland application?

That's a great question. From what I understand, Inland was created as a "special rule" for those in canada legally long term and wanting to be sponsored by their spouse as PR. I doubt CIC intended it to become what it has become. For those people requiring visas to be in canada, and whose visa offices take longer to process applications, there is an advantage. Inland used to have a decent processing time, and things have seriously changed.

However, a US citizen (and any visa-exempt applicant) with a STRAIGHTFORWARD application should NEVER think of applying Inland. The fact that only Inland applicants are eligible for open work permits is completely a moot point for visa exempt applicants, especially those from the US. It takes 13+ months for an inland applicant to get approved for an OWP while it takes a US citizen 3-7 months TOTAL to be approved as a PR, which gives them the right to work legally in canada. I believe US citizens who are currently wrapped up in Inland hell either got really bad advice, didn't understand the rules, or just got the short end of the Inland stick when the processing time jumped dramatically without warning or explanation.



APPLY OUTLAND, APPLY OUTLAND, APPLY OUTLAND!