Canadian Citizen Sponsoring US Citizen

[SapphireRayne]

Hello,

I am a Canadian citizen about to sponsor my husband who is a US citizen.

Though most of the process seems rather straight forward I am confused on a couple of points and hoping someone here might have a similar situation and can offer advise;

We have been married for 6 years though we were separated for a couple years but we have reconciled and he will be moving to Canada ( hopefully soon ) so my questions are these:

1) Would our seperation be an issue with CIC even though we have reconciledand he will be coming here and living with me as we process the Application(s) ?

2) Is it best to apply outland even though he will be here IN Canada? ( I have read pro's and con's to applying inland vs outland and recently read that outland can still be done even if they are here in Canada, I hope this is true )

3) We are thrilled that an OWP can be applied for at the time of processing as he does not like the idea of sitting around idle while waiting to become PR, I can't seem to find the right application for this? OR! is the application to extend (IMM5710) the actual form that should be used to apply for the OWP?
4)

I think that seems like a lot of questions, but those are the main points I am hung up on right now, any advise or clarification would be greatly appreciated. Thank you!

 

[scylla]

1) It shouldn't be an issue provided you can show you have reconciled. Note that he cannot live with you in Canada until he is a PR. All he can do for now is visit.
2) Yes - you can certainly apply outland while he is in Canada.
3) Note there is no OWP granted with the outland process.

 

[SapphireRayne]

Thanks Scylla!

So I would think it best to apply inland then and then the extension of stay and OWP are options? Thats the one thing confusing me the most!

 

[rhcohen2014]

Thanks Scylla!

So I would think it best to apply inland then and then the extension of stay and OWP are options? Thats the one thing confusing me the most!

no, it's certainly NOT best for a us citizen to apply inland. anyone can get an extension of stay, it doesn't matter if they applied inland or outland. any applicant can be approved for staying in canada for the length of their process.

it is still unknown how long it will take new inland applicants to receive an OWP. there is no proof yet that it "only" takes 4 months. it is quite possible as a us applicant to be approved totally as outland before even seeing an owp as inland. APPLY OUTLAND. there really isn't a choice.

 

[SapphireRayne]

Thank you rhcohen2014 - one other question I have then, if he plans on staying here for the length of the process ... all medical / FBI Police Check etc should be done in USA before coming here? or rather, just before submitting our application.

Then it's a sit tight and wait ... ? Can a US Citizen apply for TPR and receive OWP even if applying outland? or no?

 

[rhcohen2014]

Thank you rhcohen2014 - one other question I have then, if he plans on staying here for the length of the process ... all medical / FBI Police Check etc should be done in USA before coming here? or rather, just before submitting our application.

it can be done anywhere, anytime. the medical is far cheaper in canada. the fbi report can be mailed to canada. if going through a channeler, i believe they won't mail the report to canada and are very strict about where they will mail it.

Then it's a sit tight and wait ... ?

yes, the majority of the process is a waiting game. in the dark and silence.

Can a US Citizen apply for TPR and receive OWP even if applying outland? or no?

no, as mentioned already, only inland applicants can apply for an OWP. the only way for a US citizen to get a work permit as an outland applicant is applying for it through NAFTA (which is only available for certain professions) or by getting a job offer from a canadian company, which is expensive and time consuming for the employer. These are closed work permits and it is not easy (though not impossible). since a us citizen is visa exempt, they can't apply for a TRP. I believe a TRP is in conjuction with a work visa and i'm not sure if visa exempt people can actually get one. the bottom line is, if he wants to work while he is waiting in Canada, he either needs to work remotely for a US employer or get a job offer from a Canadian company.

 

[scylla]

These are closed work permits and it is not easy (though not impossible). since a us citizen is visa exempt, they can't apply for a TRP. I believe a TRP is in conjuction with a work visa and i'm not sure if visa exempt people can actually get one. the bottom line is, if he wants to work while he is waiting in Canada, he either needs to work remotely for a US employer or get a job offer from a Canadian company.

A TRP is not the same thing as a TRV. A TRP is a special type of permit that is rarely granted and is for those who are otherwise inadmissible to Canada (typically due to a crime). A TRP allows someone who is inadmissible to enter Canada based on an urgent need to be here (e.g. terminally ill parent). A TRP is not an option in this case.

 

[scylla]

Can a US Citizen apply for TPR and receive OWP even if applying outland? or no?

No - you can't. See post above.

 

[rhcohen2014]

A TRP is not the same thing as a TRV. A TRP is a special type of permit that is rarely granted and is for those who are otherwise inadmissible to Canada (typically due to a crime). A TRP allows someone who is inadmissible to enter Canada based on an urgent need to be here (e.g. terminally ill parent). A TRP is not an option in this case.

thank you! i never know how to explain the difference. i knew it wasn't an option, just wasn't sure how to explain why.

 

[SapphireRayne]

Thank you both for the replies, that answers just about all of my confusing questions.

Hoping to submit this Summer

 

[cillyx5]

Jumping in on this post…
If my husband and I have been married for 3 years, do I need to show evidence of us travelling back and forth the first year AND evidence of us living together for the last 2 years?
Or is it enough to show that we've been living together for the last 2 years?

Thanks!!

 

[rhcohen2014]

Jumping in on this post...
If my husband and I have been married for 3 years, do I need to show evidence of us travelling back and forth the first year AND evidence of us living together for the last 2 years?
Or is it enough to show that we've been living together for the last 2 years?

Thanks!!

i believe the application specifically asks about the development of your entire relationship. you don't have to send supporting "proof" for every part of your relationship, though you want to be sure the visa officer sees a legitimate relationship unfold. think about what the application would read like if you just start talking about your relationship 2 out of the 3 years you've been together. i'm sure it's important for them to see how it started, how it progressed and where you're at now. again, this doesn't mean you need to attach supporting evidence of EVERY moment you talk about. they certainly don't need/want to see that. sending proof that highlights important moments or compliments what your answers say will be enough.

 

[cillyx5]

Thanks for the reply.

We travelled at least once a month for over a year. So I'm just thinking it's going to be a lot of itineraries. Haha. And then the full 2 years we've been living together too. So much proof! (Which is great, just a lot of printing

 

[rhcohen2014]

Thanks for the reply.

We travelled at least once a month for over a year. So I'm just thinking it's going to be a lot of itineraries. Haha. And then the full 2 years we've been living together too. So much proof! (Which is great, just a lot of printing

like i said, you don't need to send the itineraries for EVERY trip and EVERY bill/form of communication while you were living together (assuming you are applying as spouses, not commonlaw). You can choose a selection that shows the progression of your relationship, that it's ongoing.

 

[cillyx5]

Good idea! Thank you.