Family Class Sponsorship (outland) while in Canada

[corrheag]

Hi,

I am a Canadian Citizen who would like to sponsor my American husband for permanent residence. I am looking at the document checklist and under the class of application (IMM 5525) I see three options:

1) inland
2) outland
3) living in Canada but filing an outland application (not under the spouse or common-law class in Canada class)

Does the third option mean I can't do outland application while in Canada because I am married already?

Thanks in advance.

 

[melylags]

No, I believe the third option is if you want to file an outland application while your husband is living with you in Canada, but he then becomes ineligible for an open work permit and may need to file a visitor extension if the processing time exceeds his 6 month visitor visa. The outland application would allow him to travel freely, while an inland application would allow him to apply for an open work permit but limit his travel outside of Canada (and inland takes longer to process).
Is your husband currently living in Canada with you or is he in the US?

 

[corrheag]

No, I believe the third option is if you want to file an outland application while your husband is living with you in Canada, but he then becomes ineligible for an open work permit and may need to file a visitor extension if the processing time exceeds his 6 month visitor visa. The outland application would allow him to travel freely, while an inland application would allow him to apply for an open work permit but limit his travel outside of Canada (and inland takes longer to process).
Is your husband currently living in Canada with you or is he in the US?

he is living in Canada with me. I ask because I am seeing and reading some cases where applicants have received their PR within four to six months via the third option.

 

[melylags]

he is living in Canada with me. I ask because I am seeing and reading some cases where applicants have received their PR within four to six months via the third option.

Yes, outland applications are typically processed faster than inland applications and Americans tend to be processed within 6 months if there are no red flags. For reference, I submitted my outland application in January and I'm still waiting for approval (which will hopefully arrive soon), but other Americans who have applied around the same time as me are starting to get their PR applications approved.

 

[andybc]

Not sure what specifically the third option is about, but there wouldn't be anything preventing you from filing an outland application.

It will be faster (if your case is straightforward) but your husband can't get a work permit during processing.

As of very recently another inconvenience was added: Your husband will have to get his biometrics obtained INSIDE the US.

So you will have to make two trips eventually: One to any of the list of offices where they can collect your husbands biometrics and one to the border to land. If you live far from the border that might be an issue.

 

[corrheag]

Yes, outland applications are typically processed faster than inland applications and Americans tend to be processed within 6 months if there are no red flags. For reference, I submitted my outland application in January and I'm still waiting for approval (which will hopefully arrive soon), but other Americans who have applied around the same time as me are starting to get their PR applications approved.

That's very helpful. Thanks and please let me know once you get the final decision!

 

[corrheag]

Thanks for the intel. I see you got your OWP within three months, that's pretty quick. Thanks for posting your timeline, that's extremely helpful.