Can I start first application outside Canada and second application inside

[CanadianJeff]

Please Help…I’ve been searching all over the forums and online; but still cannot make any clarification of my question (s).




I’m a Canadian citizen, living outside of Canada, married my wife nearly four years ago in the Philippines. We have two lovely children born after our marriage in the Philippines. I’ve been working in Philippines and on and off in China, teaching English online, BUT never claimed taxes in Canada for the past 7 years. My two children have just received their Canadian citizenship and now I want to return to Canada with my Filipina wife and children.


My Situation:


I’m currently teaching English online and living in China, but have never claimed taxes. In four months my job will finish and I want to go back to Canada with my family.


Q: Can I start the first part of the application to sponsor my wife outside of Canada (which says, takes nearly 50 days) and if it is accepted, the second part for PR, can I do that in Canada. The second part, I wanted to return to Canada with my wife and kids and complete the sponsorship their. Can my wife go to Canada on a tourist and we extend. Yes, I seen that on the forms, however my concern in this situation is

Q: Can I start a sponsorship for my wife inside of Canada the day I arrive back in Canada; even though I’ve been outside of the country for the past seven years and haven’t claimed taxes, but I have proof of work in China and Philippines from my employer.


Any comments or suggestions-

 

[pinklady]

First of all outland and inland are different applications.
You can file an outland application (sent to Mississauga for stage one then forwarded to Manila for stage two) while still in the phillipines (you must show your intent to return). If you wife is granted a visitor visa she can accompany you to Canada and the outland application will continue. She can stay in Canada as a visitor even with an outland application, so long as she remains with legal status. However if an interview is required she will need to return to Manila.

To file an inland application (sent to Vegreville) your wife must be in Canada with you, and will not be able to leave Canada throughout the process.

With and outland application, you wife can be either in Canada or out of Canada. For inland she must be in Canada. You cannot start outland then change to inland, the processes are different for each.

Another thing to consider is your wife may not be granted a visit visa since immigration will probably think she doesnt intend to leave (she doesnt). Her husband and children are Canadian, and you are applying for PR, therefore she doesnt intend to visit, she intends to stay.

 

[CanadianJeff]

Thanks Pinky!


You have answered my questions about inside and outside.

What I am thinking now is to apply for visitors visa for her outside of Canada and have return tickets booked for all of us in the Philippines.
But my only fear about applying inside Canada the day arrive on Canadian soil, is that I havent been a resident in seven years.

(above is my option 1)

(below option 2)

Apply for her PR outside of Canada, me and the kids go back to canada on a one ticket, and wife must book two way ticket, to return to Manila for her interview. My wife would have a toursit visa to enter canada for the summer.


Any suggestions?

 

[pinklady]

I think that she is unlikely to be able to get a visit visa since immigration will think she intends to stay in Canada and won't leave. A return ticket won't be strong enough proof. However if you all have return tickets, then that would strengthen her case.

Interviews are not always called. But if one was required it would be in the Phillippines.

The fact that you have not been resident for 7 years doesnt make a difference, so long as you send proof of your intent to return to Canada.

Is there any urgency for you to return to Canada? If you all want to stay together I am thinking the best option is to apply outland and remain in the Phillippines throughout. You can try to get a visit visa for your wife but I am not sure how successful you'll be. If you go ahead and book plane tickets, make sure they are refundable.

Good luck!