applying through vienna while living in canada

[frege]

Re: applying through vienna while living in canada possible?

ok i wish i had first looked in the sticky thread "spousal sponsorship" in this board. it answers one part of my question: yes i can apply through vienna.

but still - which application package should we be using .. from inside canada or from outside canada? and do we have to wait until the study permit application is processed?

edit
also it says the processing time for vienna is 11 months right now. applying from inside canada is only 8 months according to cic.gc.ca/english/information/times/perm-fc.asp

so it seems like now from inside would be faster? or is 8 months not really accurate?

Hi Aslan,

You don't need to wait for the study permit to be processed.

I think that deciding between inland and outland depends on several things:

- Are you from a visa-exempt country? If you are, it will be easier for you to remain in Canada as a visitor in any case.

- What is your current status in Canada? An inland application made before your current status expires would automatically preserve your right to remain in Canada during processing. An outland application would have no effect.

- Do you live with your fiancée? In fact, if you have been living together for twelve months, you don't have to get married to apply. Living with your partner is a prerequisite for an inland application, and you need to live together constantly until you
become a PR.

- How useful to you would it be to get an open work permit or study permit sooner (after inland "approval in principle", AIP or Stage 1)? Also, universities in some provinces charge in-province tuition after AIP on inland applications, whereas with an outland application you need to wait for the entire PR process to be finished.

- Do you need to travel during processing? If applying inland, travel may be a bad idea until you receive AIP, because you might be denied entry on your return.

The current processing times posted by CIC are:

In-Canada - 6 months for AIP plus another 8 months for final approval.

Vienna - 1 month for sponsor approval plus 12 months for final approval.

However, it is likely that most people going through Vienna receive approval in less than 13 months. For more information on this you can check the Vienna thread as well as this spreadsheet:

http://data.gc.ca/data/dataset/427337d0-7c36-4fed-8428-c6a63f8c19b3

 

[little_apple]

you mean not allowed to work until my application is processed and i get my papers right?

maybe it's worth paying somebody to help with the application. i thought i'd do it myself and save the money, but on the other hand having somebody walk you through it would be nice

I am also a German in Canada and I applied through Vienna. I can answer your questions if you want than you don't need to hire someone. When you apply outland you are allowed to work AFTER you got PR but when you are already here on a valid work/study permit you can still work/study until the permit expires.

I think you can receive, read and write private messages after you posted 10 times in the forum.

 

[aslan]

frege, thanks for the detailed message

i really wouldn't mind getting my work permit soon'ish, my friend got it after about six months. i am from germany, so yes, visa exempt. i will be travelling back to germany for christmas and come back beginning of january to continue to study. so by that time i will have a study permit in my passport.in that case it should not be an issue to immigrate, especially because i lived there with my fiancé and future wife for a while, we have been living together for more than 2 years and will be living together in the future

if i do apply inland and travel how likely is it in my situation to get denied entry? would it be more difficult BECAUSE i applied for PR via an inland application and left the country? or is there just the 'regular' risk of getting denied?

and what if I do get denied entry on my return, but then get my PR at some point? how would i pick it up/get it?

i am sort of tempted to do inland, because then i could start working sooner


little_apple, thanks - i'll start filling out the forms and will get back to you when i need help then!

 

[messenger]

yeah i'd love that - i'm in toronto too! can you PM me the info?

i was just reading on the strike. what a bummer - that does affect people going through vienna, right? :'(

Hi aslan

Of course Vienna is not on strike. But it's among the slowest VO's in the map. Come and join our thread at Vienna and check out the timelines too.

Cheers
messenger

 

[frege]

frege, thanks for the detailed message

i really wouldn't mind getting my work permit soon'ish, my friend got it after about six months. i am from germany, so yes, visa exempt. i will be travelling back to germany for christmas and come back beginning of january to continue to study. so by that time i will have a study permit in my passport.in that case it should not be an issue to immigrate, especially because i lived there with my fiancé and future wife for a while, we have been living together for more than 2 years and will be living together in the future

if i do apply inland and travel how likely is it in my situation to get denied entry? would it be more difficult BECAUSE i applied for PR via an inland application and left the country? or is there just the 'regular' risk of getting denied?

and what if I do get denied entry on my return, but then get my PR at some point? how would i pick it up/get it?

i am sort of tempted to do inland, because then i could start working sooner


little_apple, thanks - i'll start filling out the forms and will get back to you when i need help then!

Hi Aslan,

I'm not an expert, so take what I say with that in mind.

If you have an inland application going and you are denied entry, you cannot receive PR at all. That's because you must live with your partner in Canada continuously from the date you apply to the date you receive PR. If you can't enter the country, you can't possibly be living with your partner, and so that's the end of the application.

With an outland application, that's not the case, because you're not required to live together in Canada for the entire application. You'll receive your COPR by mail and can enter the country with it despite any previous denial of entry.

I think the risk of being denied entry is probably higher than normal before AIP with an inland application. Before AIP, the border officer is supposed to contact the CIC office to check if there are any problems with the application. After AIP the risk is probably about the same, but of course the consequences are still quite serious. With an outland application the risk is probably the same as usual (though taking into account that you have a spouse in Canada), and if it happens it won't hurt your application.

The above is based on what I've read in the operational manuals. Other people on the forum may be able to give you a more accurate picture of what happens in practice. What I've read on the forum has generally emphasized the risk of travelling with an inland application in process. However, it's hard for me to tell what this opinion is based on, other than the mere fact that there is a theoretical risk, as I haven't read any first-hand accounts of denial of entry in these circumstances. Perhaps others can point you to something like that.

Since you've already been living together for two years, you're probably already eligible to apply. This can be inland or outland. Usually common-law applications are a bit harder to assemble because you also need to prove cohabitation, but if it's important to you to get the ball rolling, you could choose to apply before getting married.

By the way, after re-reading your post, I've noticed you live in Ontario. If you apply inland and receive AIP, you'll receive domestic student tuition for any term whose "enrolment count date" is after the date you receive AIP.