Can you apply outland when both partners are in Canada?

[reegs]

Hi everyone. I am hoping someone might be able to clear this up for me....

I believe I saw written somewhere on this forum that it is possible to apply for PR using the outland route even if both partners are in Canada. Is this true?

My case is as follows: I am a (Canadian born) Canadian citizen and I've been living abroad for over 4 years. I have been dating my girlfriend for 3 years and living with her for 2. I will be sponsoring her as a common-law partner. She has a multiple-entry TRV, so she is able to enter and leave Canada quite freely. Will she still be able to enter freely once our PR application is being processed?

Based on what I've read, inland applications require the applicant to remain in Canada and if they leave they won't be allowed back in. I haven't read as much about visiting Canada while an outland application is being processed. I suppose my ideal plan would be to visit Canada together, where we would apply for PR through the outland office in Ontario (if possible). That way, the application process would be faster (as it seems outland generally is) yet we would not have to be separated.

From what I've read, we might have to return to her country for the interview or to pick up the PR visa, which would not be a problem. But what I am wondering is if during the visa processing she would be free to leave and return the country using her TRV, or if the rules change when someone is a PR applicant.

Thanks in advance for any information or suggestions.

 

[RobsLuv]

First you need to understand the difference between inland and outland processing. Inland processing means the entire application process happens within Canada - therefore, an inland applicant is required to be resident in Canada, with their sponsor, in order to be approved. If they leave Canada and are not re-admitted, the inland application is forfeited because the applicant no longer resides in Canada and cannot even attend their landing interview.

Outland processing means the application is processed at the overseas embassy that represents the applicant's country of birth or permanent residence. There are no residency requirements for the outland process - the embassy handles the case based on the fact that the applicant is a citizen of that country . . . so an outland applicant can be anywhere in the world (including in Canada) while the outland ap is processing without the application being affected. The application initially goes to the Case Processing Centre in Mississauga, Ontario for the sponsor's assessment. Once the sponsor is approved (about 45 days), CPC-M transfers the application to the overseas embassy. How long it takes from that point depends on which embassy is processing the application.

Being able to be in Canada is dependent on a person's temporary status - not on whether they have a permanent residence application in process and whether it's inland or outland. If your gf has a multiple-entry TRV, that's what authorizes her to enter Canada . . . having a PR ap in process shouldn't affect that. That said, that doesn't mean that she should apply via the inland process. In fact, it means there is absolutely no reason for her to do so. The inland process was initially designed to make it easier for non-visa-exempt spouses who already have temporary status in Canada to stay in Canada with their partners and maintain the terms of their original status document while awaiting PR approval. In Feb 2005 the inland process was extended to people who had lost (or who never had) valid temporary status - allowing them the option to apply for PR, even without legal temporary status. But the inland PR process has drawbacks that make the outland application preferable, like a longer processing timeline and no right of appeal - and, for most applicants (because few actually have multiple-entry visas), leaving Canada means losing their temporary status and not being re-admitted because they can't demonstrate an intent to stay on temporarily when they have a partner in Canada and a PR ap in process. This results in the inland ap having to be forfeited.

Outland applications typically process faster and the sponsor retains their right to appeal a refusal. The chief drawback to the outland process is that IF an interview is required, the applicant has to attend at the overseas embassy. But in your case, with a multiple-entry visa, it shouldn't be a big issue for your gf to return to Canada even if she has to attend an interview overseas.

 

[reegs]

Thank you very much for the thorough response. I am relatively new to the PR process, so I am still trying to get my footing.

I realize that we are in a very fortunate situation having the TRV, but I just wanted to be certain that we can do the outland procedure from within Canada; otherwise we would simply apply here and go to Canada in a year or 2 when the PR is issued.

I realsize this discussion is for the PR visa, but I guess it wouldn't hurt to ask a question about the TRV here anyway. Is there an anual limit to the amount to time someone with a multiple-entry TRV can spend in Canada? I know they would have to leave the country periodically anyway, but are there rules against, say, staying in Canada for six months then leaving for one month, only to return for another six months?

Thanks again, and good luck to everyone!

 

[ss06cj]

man am i wishing i knew that information when we started the process.
my boyfriend came over on a working holiday visa via australia...his two years is almost up, sept 2010. his visa allowed him to leave and re-enter but he thought it was a good idea to stay in the country as we filed for PR...who knew there would be such a discrepency between inland and outland. we are waiting for the files to be process in CPC-V but in the meantime we'll be trying to extend his working holiday visa/work permit so he can stay until his PR is official (of course if it becomes official).
My question is if he has a working holiday visa that allows him re-entry, is it possible to take a trip back to aussie?...we would really like to see his family...its been too long.