Applying outland while in Canada

[JonnyBoy15]

I am planning to apply for residency through my wife - spouse sponsorship. I am a US citizen but we have been married and living in Europe for more than 25 years. Three years ago we purchased a home in Canada and since then have been spending about 5 months out of the year in Canada and the rest in Europe. Presently we are in Canada until either end of December or mid February.

From what I understand outland application is better for us as we travel back and forth from Canada to Europe. Inland would mean that we would need to stay in Canada until our application is processed and the answer given which could take months or even over a year.

My question is whether we can start the application outland now while being in Canada. We would need to determine whether it would be better for us to apply through the US consulate or through Poland (both of these countries we would need to travel to from our place of residency). Is this possible? Do we have to be present in the application country when we apply? Do we need to be in the area when we receive an answer? Do interviews always happen or is it when the relationship is in doubt? (We have been married over 25 years, have a child, etc...)

Thank you!

 

[YVR123]

I am planning to apply for residency through my wife - spouse sponsorship. I am a US citizen but we have been married and living in Europe for more than 25 years. Three years ago we purchased a home in Canada and since then have been spending about 5 months out of the year in Canada and the rest in Europe. Presently we are in Canada until either end of December or mid February.

From what I understand outland application is better for us as we travel back and forth from Canada to Europe. Inland would mean that we would need to stay in Canada until our application is processed and the answer given which could take months or even over a year.

My question is whether we can start the application outland now while being in Canada. We would need to determine whether it would be better for us to apply through the US consulate or through Poland (both of these countries we would need to travel to from our place of residency). Is this possible? Do we have to be present in the application country when we apply? Do we need to be in the area when we receive an answer? Do interviews always happen or is it when the relationship is in doubt? (We have been married over 25 years, have a child, etc...)

Thank you!

You will send the outland application to the same address. (you can start outland application in Canada)
IRCC can choose which visa office will process your application.
I don't think it's up to you.
In general, they only request for interview (outland) when there is doubt with your relationship. So provide them good proof and it's unlikely an interview will be called for.

 

[JonnyBoy15]

Thank you!

A followup question:

On the website, under "Get your checklist, forms and instructions" , there is the question: "What country does the person being sponsored reside in?" I assume I shouldn't put Canada as then it would be consider inland, correct?

 

[YVR123]

Thank you!

A followup question:

On the website, under "Get your checklist, forms and instructions" , there is the question: "What country does the person being sponsored reside in?" I assume I shouldn't put Canada as then it would be consider inland, correct?

This paticular question, I am not sure. I think you can still use the outland package when the applicant resides in Canada.

Hopefully someone else who applied outland can give you a more confident answer. (we applied inland)

 

[JonnyBoy15]

Hmmm...this gets more confusing. Online I read the following: "If your spouse or common-law partner is applying in the Spouse or Common-law Partner in Canada class, they must already co-habit (live) with you IN Canada."

We live in Canada but only 5-6 months out of the year and want to avoid inland application.

It seems that I would apply not under the "Spouse in Canada Class" but rather the "Family Class"

Is that correct?

 

[YVR123]

Hmmm...this gets more confusing. Online I read the following: "If your spouse or common-law partner is applying in the Spouse or Common-law Partner in Canada class, they must already co-habit (live) with you IN Canada."

We live in Canada but only 5-6 months out of the year and want to avoid inland application.

It seems that I would apply not under the "Spouse in Canada Class" but rather the "Family Class"

Is that correct?

Yes. that's correct. Inland requires PA and sponsor to live together in Canada.
For outland you can live in Canada or outside. And you can travel.
"I am currently in Canada, and I am applying under the Familly Class."

 

[JonnyBoy15]

Is there an advantage of filing as "spouse in Canada class" rather than "Family Class"?

 

[YVR123]

Is there an advantage of filing as "spouse in Canada class" rather than "Family Class"?

Applying via the spouse in Canada class has a option to apply for open work permit at the same time (OWP). So that spouse that stays in Canada with their sponsor can start to work (in about 6 months time) while waiting for the PR application to process.
As you've pointed out already, the spoue in Canada class has to live in Canada with their spouse through out the whole process.
So traveling or living part of the year outside Canada would not be an option.

And if they call for an inland interview, it will be in Canada. Landing process is a little different too. There used to be a landing interview for all inland applicantions. But because of COVID, they are not conducting those interview any more.

 

[JonnyBoy15]

Thank you for the clear explanation. That is helpful.