Common-Law Sponsorship: Outland or Inland?

[FleetingDasein]

Hello,

I have a few questions, so I'll try to make my long story as short as possible.

I'm an American citizen and my fiance is Canadian. We've been living together in Canada for over 3 years. I was on a student visa for most of that time. I had to leave Canada before my graduation ceremony because of a family emergency, and now my student visa expired. I am going back to Canada in a few days (as a visitor), and I plan to apply for a post-graduation work permit as soon as I get my hands on my diploma.

Since we are getting married soon, and we plan to settle in Canada, my fiance and I have been thinking of the best way to apply for my PR. Since I live in Canada, it would make sense for me to apply from within Canada. I've been doing my research, and it seems that the processing times are noticeably faster if you apply from abroad.

So here are my questions:

(1) What would be more convenient in my situation? Can I apply at Buffalo even if my main address is in Canada? What is the best and worst case scenario for each option? A little side note, I've got some health issues, and I would love to get health insurance as soon as possible. Health care is definitely a factor in my decision.

(2) Should I bother applying for a post-graduation work permit ($150 fee) or should I submit an open work permit (an extra $250 fee) with my PR application (if I were to apply from within Canada)?

(3) I know our case is strong (joint leases in Canada, plenty of proof of our relationship, letters, plane tickets, stamped passports), but I still worry that I might get denied, and deported back to the United States! I know every case is different, but what are some things that might get me refused? I haven't over-extended my stay in Canada, but I'm worried about the medical and background checks... not that I've done anything wrong. I guess I'm just very paranoid. :'(

(4) We're not getting married for another 10 months. Should I apply now or after the wedding? Does it make a big difference?

I guess that's all for now. I'm very eager to read your replies. Thank you in advance.
FD

 

[suenim]

A post grad work permit is an open work permit. If you try for a regular work permit you'll probably need an LMO etc. PGWP are the easiest to get once you qualify. Since you're American it is best to apply through Buffalo. Their processing times are quick. A lot of the times people apply inland because they want the OWP. That does not come until AIP which is now taking 8-9 mths. You could have gotten your PR by then if you go outland since Buffalo is processing most cases in 4-8 mths. Since you will have a PGWP it makes more sense to go outland since you'll already be able to work. If you think you have a strong case don't worry much and even if you are called for an interview, with a valid PGWP you'll mostly be let back in with no problem.

 

[suenim]

Also spouses don't get turned if they have a medical issue. With the PGWP, if you're in Ontario, you're eligible for OHIP once you'll have a job for 6 mths.

 

[waitingintz]

Hi FleetingDasein

I'm definitely not an expert but here are a few pieces of information that may help:

Regarding your medical issues, my understanding is that in a spousal/common-law application (which are considered in the same way so shouldn't matter as long as you meet the common-law criteria and have ample proof) the medical is not given the same consideration as for other applications. What I recall reading is that they don't look at the burden to the medical system for these applications, only at potential risks to public health (contagious diseases).

You can apply from any country in which you are a resident or citizen regadless of where you are currently residing (as long as you are residing somewhere legally). We applied through Pretoria because it had the fastest processing time of our options even though my South African partner hasn't lived there in 7 years. Also, I gave my overseas address (where I'm currently living) as my permanent address but gave a Canadian address as my mailing address since mail here is not the most reliable and I didn't want to wait an extra week or two to receive information. That doesn't seem to have cause any problems.

And, if you're still worried about potential issues, I believe that if you are applying outland you do have appeal process options should you be rejected for any reason that are not available if applying inland.

Can't help regarding work permits as I have no idea about it. We decided not to worry about waiting for a wedding... consulted with a lawyer who said it shouldn't be critical.

Hope this helps!

 

[FleetingDasein]

Thank you for your replies, Suenim and Waitingintz.


Suenim:
I'm in Ontario. I'll definitely apply for my PGWP, then after that comes through, I'll apply for my PR through Buffalo. It really does make the most sense.

Waitingintz:

That's good to know. I was worried about having to use my US address even though I no longer reside there. The appeal option is very important. I wouldn't want to be refused, and not be able to appeal. As for my medical issues, I don't have any major conditions... I'm just somewhat sickness-phone. I guess I've just been in Canada for far too long without medical insurance! I'm definitely looking forward to taking advantage of the healthcare without having to pay high fees every time I want a check up. I just worry about getting my medical, and something I don't know about showing up (and in turn, putting my whole application in jeopardy).