Applying Outland from Inland?

[cdarroch]

Hi everyone,
Is it possible to apply for an outland commonlaw/spousal sponsorship from within Canada, if we're both already here (her on a TRV)? Are there any benefits in going this route?
Average processing time in Mississauga: 43 days sponsorship plus 6-7 months AIP plus 6-12 months final
Average processing time, Guatemala: 43 days sponsorship plus 12-17 months final

The way I see it, we're not going to save any time either way... but that's OK, as long as we're together. My one concern, though, is if one of her family members passed away, or something comparable - if we apply inland, she'll lose her application if she leaves.

What if we applied outland from inland, would she be free to travel? If we included her OWP application in the sponsorship/residency package, would she be able to freely visit home and return in an emergency, and without losing her application in progress?

Last but not least - if we did apply outland from inland, and included the TRV extension (work permit app) with the package, would it be granted in the usual 6-7 months?

Thanks very much for any help you can provide!!

 

[RobsLuv]

Hold on - first inland vs outland is about where the application is processed, not where the applicant is . . . except that with inland the applicant has to remain in Canada because the process happens entirely within Canada and if they're not in Canada, they can't attend their landing interview to be given PR - so the ap is forfeited. The inland application process happens at the Case Processing Centre in Vegreville, AB. First stage approval for inland aps takes 6-7 months, and then it takes another 6-12 months to finalize the application.

The outland process happens mostly overseas - but the applicant can be in Canada as long as they maintain their valid temporary status for as long as they're here. The outland application is first sent to the Case Processing Centre in Mississauga where they assess the sponsor - that takes 30-45 days. Then, if the sponsor is approved, the application is transferred overseas and you go with the processing timeline for the overseas office. Outland, after the 30-45 days for sponsorship approval, depends on the overseas office timeline. If she's from Guatemala, her application would be processed through the embassy in Guatemala City and, unfortunately, I think they have the longest processing timeline for all overseas offices . . . 9-20 months.

So - timeline is probably not as big an issue for you because they're comparable. The big issue is the travel, and the right of appeal. She has status now, so you could file inland and include an application to change her conditions to a work permit, and then she'd be granted an OWP as soon as the application reaches first stage approval. This only works if you get that application in to them BEFORE her current TRV expires, though. That's imperative. Then you'd have another 6-12 months to wait to finalize her ap - but she'd be able to work and probably have healthcare, too. She would risk losing the application, though, if she leaves because it's highly unlikely she'd be able to get another TRV to come back to Canada.

If you file outland so that she can leave - she still isn't guaranteed to be able to come back - and it will take anywhere from 10 months to probably two years to get her outland ap finalized through Guatemala City, but you'd preserve your right of appeal and she could go home if there was an emergency. She just probably wouldn't get back to Canada until after her PR was granted. So, for you guys it's kind of a toss up - whichever of the pros and cons is more important to you will probably determine your choice.

 

[cdarroch]

Thanks very much for your advice - this forum is a life saver! I hope you don't mind - I've sent you a PM.

 

[cejiri]

Hold on - first inland vs outland is about where the application is processed, not where the applicant is . . . except that with inland the applicant has to remain in Canada because the process happens entirely within Canada and if they're not in Canada, they can't attend their landing interview to be given PR - so the ap is forfeited. The inland application process happens at the Case Processing Centre in Vegreville, AB. First stage approval for inland aps takes 6-7 months, and then it takes another 6-12 months to finalize the application.

The outland process happens mostly overseas - but the applicant can be in Canada as long as they maintain their valid temporary status for as long as they're here. The outland application is first sent to the Case Processing Centre in Mississauga where they assess the sponsor - that takes 30-45 days. Then, if the sponsor is approved, the application is transferred overseas and you go with the processing timeline for the overseas office. Outland, after the 30-45 days for sponsorship approval, depends on the overseas office timeline. If she's from Guatemala, her application would be processed through the embassy in Guatemala City and, unfortunately, I think they have the longest processing timeline for all overseas offices . . . 9-20 months.

So - timeline is probably not as big an issue for you because they're comparable. The big issue is the travel, and the right of appeal. She has status now, so you could file inland and include an application to change her conditions to a work permit, and then she'd be granted an OWP as soon as the application reaches first stage approval. This only works if you get that application in to them BEFORE her current TRV expires, though. That's imperative. Then you'd have another 6-12 months to wait to finalize her ap - but she'd be able to work and probably have healthcare, too. She would risk losing the application, though, if she leaves because it's highly unlikely she'd be able to get another TRV to come back to Canada.

If you file outland so that she can leave - she still isn't guaranteed to be able to come back - and it will take anywhere from 10 months to probably two years to get her outland ap finalized through Guatemala City, but you'd preserve your right of appeal and she could go home if there was an emergency. She just probably wouldn't get back to Canada until after her PR was granted. So, for you guys it's kind of a toss up - whichever of the pros and cons is more important to you will probably determine your choice.

Hi RobsLuv,

I have just read this post and although its not recent I hope you get this message and can help me (the system wont let me send you a private message.

I am a Canadian Resident (landed immigrant in Oct 2010 now living in Vancouver) and my Spanish girlfriend moved with me to Canada on Oct 2010 on a Working Holiday Visa to see if she would be happy living here with me. I am happy to say she likes life here and we have decided recently to go ahead and sponsor her and arrange her Residency in Canada.

Re: Applying for Outland from Inland - This bring me to your (very) interesting post. We have seen that the waiting period applying outland is MUCH shorter (12 months compared to 24 months inland) and hence we want to go this route.

If we send in all the resident application forms it should take about 45 days to get an answer regarding my eligibility to Sponsor her. Assuming this goes OK, the paperwork will then pass to the CIC offices in Paris where there will be a 9-12 month waiting time.

My doubt is as follow. To AVOID my girlfriend returning to Spain when her visa ends in October 2011, we have thought that she could send a SEPERATE application requesting an extension on her CURRENT Working Holiday Visa AFTER my approval by the CIC as an eligible sponsor. I am not sure if this would be considered a change in visa (from Working Holiday Visa to Open Work Visa) or a simple extension.

The question is - Should we TRY and extend this visa when we send initially in ALL the residency paperwork or is it best to send the application for extension after I am approved as a Sponsor?

In your post you mention, quote:

She has status now, so you could file inland and include an application to change her conditions to a work permit, and then she'd be granted an OWP as soon as the application reaches first stage approval

I thought this was only if one applied as an inland... I dont understand how you can apply for a visa extension and at the same time say you are outland?

I am not sure if the current visa program she is on now allows an extension based on approved spouse sponsorship...

I hope this makes sense and I hope this post gets to you... We would really appreciate your feedback.

Thanks again and I look fwd to your news!

C and R

 

[Leon]

If you want to apply outland, there is no open work permit. To avoid your girlfriend having to leave at the end of her work permit, she could apply to change her status to visitor. Working holiday visas can usually not be extended but sometimes you can apply for it again. You would have to check the rules in Spain.

You say if you send in the applications now... have you lived together for 12 months total that you can prove? If not, then you can not apply as common-law, you would have to get married first.

 

[cejiri]

Hi Leon,

Thanks for your information, its answered the doubts we had!

Thanks v. much,

C and R