Common-Law Sponsorship of American - Processing times and crossing border?

[Subbanator]

I have a couple questions about the application process for a common-law partner.

Firstly, when CIC asks if the person being sponsored lives inside or outside of Canada, is it just at the time of the application being submitted or when it will be processed? She is currently on a Work Visa that expires at the end of July, hoping to extend as a visitor for a couple of weeks until she goes back to America in August. At that point she would stay down in America for a month or so and then plans on coming up to stay as a visitor as long as she can... Would she still be considered as living in Canada throughout all of that process?

Is there a better way to go for that choice? Which might be faster? We are having difficulty understanding the estimated times given on the CIC website.

Once the application is sent in is she free to travel to and from Canada as she pleases or does she need to stay in one country? We want to be able to spend as much time together as possible and if she has to take go back to America and stay there until it is approved it will make things much more difficult. Please help!

 

[Subbanator]

I hope it's okay to bump topics here

 

[keesio]

If she files outland, than she can come visit you in Canada and also go back to the US as she wishes. Outland also has faster timelines. The average is anywhere from 8-10 months but some have gotten it quicker. My wife got it in 7 months and someone recently got Decision Made (the final step before getting your landing papers (COPR) ) in 5 months.

For Americans, outland is highly recommended. One thing to be clear on is that she will be living in US even if she is staying with you in Canada for the duration of the process. She will be technically just "visiting" you. Telling immigration that she will be living with you in Canada during an outland application will get her rejected at the border.

 

[Ponga]

Outland processing seems to be a bit confusing, as it does NOT require the person to be outside of Canada.

The current estimated processing times for an American, that applies via an Outland application, is ~ 10-12 months to complete the entire process. Many Americans think that the processing times are substantially longer than that, based on the times shown for the LA and NY Visa offices. What isn't widely known, is that an American applicant, without any `red flags' or criminal/health issues that could be problematic, has their entire application processed in Canada (Mississauga for stage 1), followed by Ottawa for stage 2, which is the assessment of applicant.

She is free to travel back and forth, but her re-entries into Canada will always be at the discretion of the CBSA officer that she encounters at the border. While most Americans are allowed to stay in Canada for up to 6 months, it's never a guarantee that she would be granted the full 6 months. Many Americans choose to stay in Canada for the duration of the process, which seems fairly easy to do with a simple visitor extension request...especially if the request is made after the spousal sponsorship application has been received by CIC.

Depending on the type of work permit she currently has, another option is for her to file an Inland application along with an Open Work Permit (OWP). This could allow her to continue to work, but would also give her implied status, meaning that she would not need to renew her visitor status. The caveat is that with an Inland application, the applicant is advised NOT to leave Canada. If s/he does and is refused re-entry, the Inland application is toast!

99% of the time, an Outland application is best, but...if she wants to continue to work (and if she would qualify to do so based on her current WP) and wants to be in Canada with you throughout the process...the Inland application is worth considering.

 

[Subbanator]

Thanks for all the info, very helpful!

 

[rhcohen2014]

on the application, it's acceptable for the applicant to use a canadian mailing address if the applicant plans to be in canada as a visitor during the process and wants communication mailed there.