Feeling Overwhelmed - Outland or Inland

[Mfjones]

Hey everyone,

Brand new to this forum but I've been reading it for a long time. Firstly, I'll apologize that I'm sure this has been brought up countless times, but I'm hoping you fine folks will help me out anyway.

I'll give a little background on our situation before I get to the question... My common law spouse (Australian) and I (Canadian Citizen) have been living in Edmonton together for 3 years - we actually bought our first home together in June. We're looking to apply under the family class for permanent residence as a common law couple but we're feeling overwhelmed. At the moment, she is in Canada on a IEC visa that expires in June 2015 so we want to get this started asap.

I've been reading that it's possible to submit an outland application even though we're living in Canada and have been living in Canada for a few years now. What confuses me are the questions about current residence? Would this not suggest that we have to use the inland application? Looking at the processing time for inland applications, it seems like it'll take much longer than the outland application.

For my own clarification, which should I use - "Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada" or "Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class" It seems so unnatural to me to use the "living outside of Canada" application when we've been living here for years, admittedly I'm a very neurotic person and probably over think everything.

Thanks in advance, I know that finding this forum is going to save us from so much stress of trying to figure things out on our own.

 

[Sweden]

Hey, and welcome!

Don't overthink it too much... outland and inland refer to where your application will be processed. If you're outside of Canada, you can only apply outland. If you're in Canada, you can apply inland, or outland.

In your case - go outland. THere are NO reason why it would be better to apply inland. Applying inland makes sense mostly for applicants that are in Canada and would have a hard time getting a tourist visa to stay, OR have a work permit that is extendable, and want to keep on working.

In your case - your spouse is Australian, she has a status that allows her to work until June 2015, and outland is much faster. In your case, your application will go through Sydney, so as you already qualify as common law, you can apply already now - choose the "outland option". Sydney is one of the fastest office, and with living together for 3 years, having bought a house together etc., you'll probably be one of the very fast cases. So if you apply now, unless there is something highly unusual about your situation, you most likely will be done way before her IEC expires.

It's completely legal to apply outland while in Canada. In fact, somewhere in the inland guideline, CIC encourages applicants that can apply outland to do so, even when in Canada, to take advantage of the faster processing. Also - with an outland application on-going, your spouse can go in and out of Canada as she pleases - which is not the case with inland. So : choosing inland would mean longer processing time, AND not being able to travel for the duration of the process.

Just go for outland, and choose Sydney as your visa office - and for questions about current residence: tell the truth - she is living in Canada with you, and it's completely legal, so nothing to worry about. A lot of applicants are in the same case (IEC then PR), and it's not an issue.

Good luck,
Sweden

 

[Mfjones]

Sweden,

Thanks so much for the response! One of our biggest concerns will be the interview. If I understand correctly, if we're called in for an interview it would have to be done in Sydney, right? Reason I ask is because flying my spouse to Sydney is a large expense.

Do you know if they give much notice, if an interview is needed?

Thanks in advance.

 

[canuck_in_uk]

Sweden,

Thanks so much for the response! One of our biggest concerns will be the interview. If I understand correctly, if we're called in for an interview it would have to be done in Sydney, right? Reason I ask is because flying my spouse to Sydney is a large expense.

Do you know if they give much notice, if an interview is needed?

Thanks in advance.

Interviews are for when they suspect the relationship isn't genuine, ie. a Marriage of Convenience. A visa-exempt Australian applicant, common-law for 3 years, own a house together, you guys have pretty much zero chance of being called for an interview unless you have some big red flag like a 30 year age difference or crazy criminal background .

I've only seen one case on these forums of a visa-exempt common-law couple being called for an interview, just last month; the couple hasn't actually lived together for 3 years, which is a big red flag.

 

[Mfjones]

Thanks guys, this has been great advice and definitely makes us both feel better. Can the medicals still be completed in Canada even though we'll be doing the Outland application? I just took a quick look online and there are several doctors, in Edmonton, that are able to do the exam, according to the CIC website.

I tried calling the CIC call centre earlier today, but I didn't find them to be very helpful.

Thanks again!

 

[canuck_in_uk]

Thanks guys, this has been great advice and definitely makes us both feel better. Can the medicals still be completed in Canada even though we'll be doing the Outland application? I just took a quick look online and there are several doctors, in Edmonton, that are able to do the exam, according to the CIC website.

I tried calling the CIC call centre earlier today, but I didn't find them to be very helpful.

Thanks again!

The medical can be done anywhere in the world, as long as it's a Panel Physician.

The call centre is not known for providing good advice. You're better off asking all of your questions here .

 

[Sweden]

Medicals can be done anywhere in the world as long as they're done at a doctor on CIC list, so yes - you can pick the on closest to you.
Also agreed with the previous post - unless there are some very very big red flags in your application, there is no reason to be asked for an interview. You seem to have a fairly straightforward application!

 

[Sweden]

Also - medicals are valid for 1 year only, so book your appointment as close to sending date as possible. Start by getting police checks from Australia (and every country your partner has lived in for more than 6 months in the last 10 years), that's usually the longest. Download the forms, start gathering the proofs, and organise your application. Once you have almost everything ready - book your medical appointment. Then send your application and join the waiting game
Sweden

 

[Mfjones]

This is all great stuff. Is the outland application the way you guys applied while living in Canada? From what I can gather the forms are basically the same.

I tried finding where it says in the guidelines that CIC encourages people to submit the application outland even if they are living in Canada but I couldn't find it - any advice?

Again, I apologize, this is very new for both of us and as I mentioned I tend to over think every detail.

 

[CDAN]

Interviews are for when they suspect the relationship isn't genuine, ie. a Marriage of Convenience. A visa-exempt Australian applicant, common-law for 3 years, own a house together, you guys have pretty much zero chance of being called for an interview unless you have some big red flag like a 30 year age difference or crazy criminal background .

I've only seen one case on these forums of a visa-exempt common-law couple being called for an interview, just last month; the couple hasn't actually lived together for 3 years, which is a big red flag.

That was us that has been called for an interview, and it actually has nothing to do with our relationship not being genunie But thanks for quoting me and stating it does.
It is the fact my partner has lived in Thailand and South Africa and we made an error on the forms.

 

[Mfjones]

What do you mean by lived in Thailand? The reason I ask is that my spouse and I actually met while travelling in Thailand?

 

[Rob_TO]

I tried finding where it says in the guidelines that CIC encourages people to submit the application outland even if they are living in Canada but I couldn't find it - any advice?

Inland guide - http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp
The family class is aimed at faster processing of spouse or common‑law partner applications from applicants outside Canada.

Processing times for spouses or common‑law partners in Canada are generally longer.

The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site.

What do you mean by lived in Thailand? The reason I ask is that my spouse and I actually met while travelling in Thailand?

You only have to worry if you were in the country for 6 months or longer, in which case you'd need to get a police report from the country.

 

[Rob_TO]

That was us that has been called for an interview, and it actually has nothing to do with our relationship not being genunie But thanks for quoting me and stating it does.
It is the fact my partner has lived in Thailand and South Africa and we made an error on the forms.

They don't schedule interviews to clarify details on forms. If this was the reason, then they would simply send you a request to update/fix the forms or get police checks where needed, and re-send them.

Practically all interviews are required due to the VO suspecting a marriage of convenience or something else to do with the relationship. In your particular case this is most likely due to you establishing common-law several years ago, and not living together since. CIC guide even states this is a huge red flag and unless you got some confirmation your interview is only to go over some error in the forms and nothing more, you should fully expect your relationship to come into question during the interview.

 

[Mfjones]

Thanks for the reply! Do you mean if I (Canadian) stayed there for longer than 6 months or my spouse? In total I think she was there for 2-3 months tops before we moved on to a different region.

 

[Rob_TO]

Thanks for the reply! Do you mean if I (Canadian) stayed there for longer than 6 months or my spouse? In total I think she was there for 2-3 months tops before we moved on to a different region.

I believe it's both (can't remember for sure). Both of you need to show residence history since you were 18 years old. Any period in a country longer than 6 months, and you'd need to get police checks from there. 2-3 months only, they should not be needed.