Canadian citizen to sponsorship spouse an International Student

[canadavisa2116]

Hello ALL,

I am Canadian citizen about to get married to a international student.
She is born and raised in India. She is currently on study permit and will be applying for 1 year OWP.

Two options I have to sponsor her -

Inland Application -
If i were to sponsor her in Inland application, can she leave country and come back, considering she has an OWP?

Outland Application -
Does the centre has to be from her country of nationality i.e. India.
Can i apply from USA (buffalo), as she would be in Canada with me if called for an interview?

Outland application will be faster, so I am more inclined to it.
If any of you have experienced similar situation please advice on best approach.

Thanks in Advance!

 

[Rob_TO]

Inland Application -
If i were to sponsor her in Inland application, can she leave country and come back, considering she has an OWP?

It's not recommended to leave the country with an inland app in process. An OWP does not guarantee re-entry. If for any reason she was denied re-entry (though rare with an OWP in hand), the inland app would be cancelled and you'd have to start again from scratch.

Outland Application -

Does the centre has to be from her country of nationality i.e. India.
Can i apply from USA (buffalo), as she would be in Canada with me if called for an interview?

You don't choose what office processes the app, CIC does. Every outland app in the world first is sent to CPC-Mississauga. Then after sponsor approval CIC will choose to send it on to the visa office based on citizenship (so in her case would be New Delhi) or based on current residence (so if in Canada on a valid permit for at least 1-year, that could be CPC-Ottawa). Those would basically be the only 2 options CIC would consider. Worst case if they process based on citizenship in New Delhi, any potential interview would be in India (though the chance of actually requiring an interview is usually incredibly low, vast majority get approved without one).

If she has valid status and an OWP here anyways separate from any PR app, then 100% do an OUTLAND app to get quickest processing time and allow travel during the process with no worries.

 

[canadavisa2116]

It's not recommended to leave the country with an inland app in process. An OWP does not guarantee re-entry. If for any reason she was denied re-entry (though rare with an OWP in hand), the inland app would be cancelled and you'd have to start again from scratch.

You don't choose what office processes the app, CIC does. Every outland app in the world first is sent to CPC-Mississauga. Then after sponsor approval CIC will choose to send it on to the visa office based on citizenship (so in her case would be New Delhi) or based on current residence (so if in Canada on a valid permit for at least 1-year, that could be CPC-Ottawa). Those would basically be the only 2 options CIC would consider. Worst case if they process based on citizenship in New Delhi, any potential interview would be in India (though the chance of actually requiring an interview is usually incredibly low, vast majority get approved without one).

If she has valid status and an OWP here anyways separate from any PR app, then 100% do an OUTLAND app to get quickest processing time and allow travel during the process with no worries.

Thanks for your prompt response, I'll start preparing outland application.

 

[floomy]

if she has been full time student for 2 semesters at university or college., she can apply for off campus work permit.

so she can work and study while she wait for her pr.

 

[canadavisa2116]

Thanks for your reply.

Question - On CIC website, I don't see separate link for OUTLAND App if spouse is in Canada?
Does it mean, I can apply spouse sponsorship only as INLAND?

 

[scylla]

if she has been full time student for 2 semesters at university or college., she can apply for off campus work permit.

so she can work and study while she wait for her pr.

That's actually incorrect. The rules changed last year. She can start working off campus as soon as her classes start (although she is limited to 20 hours per week of off campus work).

 

[scylla]

Thanks for your reply.

Question - On CIC website, I don't see separate link for OUTLAND App if spouse is in Canada?
Does it mean, I can apply spouse sponsorship only as INLAND?

Separate links to inland and outland applications are on this page:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

You can apply outland or inland - your choice.

 

[canadavisa2116]

Thanks Scylla,

I referred to link you sent, I'll start gathering documents based on link followed by

If your spouse, partner or dependent child lives outside Canada, use the Application to Sponsor a Member of the Family Class.
in that page.

 

[canadavisa2116]

Gurus,

I am getting mixed opinion, some say Inbound would be faster and safe, only downside would be she cannot leave country.
Getting confused...

Please suggest,

 

[canadavisa2116]

Please suggest.

Thanks in advance

 

[scylla]

Gurus,

I am getting mixed opinion, some say Inbound would be faster and safe, only downside would be she cannot leave country.
Getting confused...

Please suggest,

Downsides of Inland:
- it will certainly not be faster (it will probably take about twice as long as outland)
- you shouldn't leave Canada
- no appeal if by any chance you are refused

Downsides of Outland:
- no open work permit

 

[Rob_TO]

some say Inbound would be faster

Did you actually read the posted time for inland?? http://www.cic.gc.ca/english/information/times/perm-fc.asp

It's stated at 26 months. How does anyone possibly think this would be faster than outland? Whoever is telling you this... don't listen to them about anything.