Had no idea the Canadian system is such a shambles. Not sure how/if to proceed.

[Rob_B]

Hello everyone,

I guess I've been naive in thinking I could easily move home with my wife of 13 years at some point in my life. Is it really 1 year processing time during which they can't work, and/or leave the country?

I guess there will be no chance to come back if that is the case. Which is a shame, my family is getting older and it would be good to spend some time with them in their later years.

Maybe there is something to the context of our case that could fast track it, but probably not. We are not special in any way.

Basically,

1) I left Canada about 22 years ago and work in IT. She works in Law.
2) We've been married for 13 years with no children and no health issues.
3) She is employed in Japan, as was I up until a few months ago. Hence I though I might look at getting a new job back in Canada. But not if it means leaving my wife behind for 1 year.
4) As we both live outside Canada, I guess it would be an outland application we'd have to do.

I'll be in Toronto for a few weeks in June so thought I'd see what info I could find out in case there is anything I could initiate when I'm back there.

Anyone else in a similar position get approval earlier?

Thanks,
Rob

 

[evdm]

Hi Rob,

If your wife can enter Canada with you as a visitor, then you can apply inland. It's not recommended your wife travel outside of Canada during this time, but it's certainly not impossible either.

Also, as of a few years, Inland applicants can also apply for an open work permit (OWP) while the PR application is in process, which would allow your wife the opportunity to work in Canada. Usually this takes about 4 months to process. This document also makes it easier for your wife to travel (despite it specifying that it is not valid for re-entry), should it be necessary, until the PR application is done.

IRCC has actually cut back application times and their target is 80% of all cases within 1 year; but many people report getting processed a lot quicker than that. It depends in part on the Visa office processing the applications, but you'll notice on these forums that there are many people from Oct, Nov, Dec, and even a few from January completing the process around now.

I am assuming you are a Canadian citizen, you can also apply outland while you stay with your wife in Japan. To do so, you will have to show IRCC that you plan to move back once the application is processed. Then it becomes a choice whether you go to Canada in advance, or if you wait until your wife's application is processed. Then, even if you go to Canada in advance, your wife can visit you in Canada if she can get the requisite visitor visa, or eTA if she is visa-exempt. I've been to visit my husband a number of times since our application has been in process.

So you have a few options to not be separated for up to a year.

 

[Sojj]

Hi Rob,

If your wife can enter Canada with you as a visitor, then you can apply inland. It's not recommended your wife travel outside of Canada during this time, but it's certainly not impossible either.

Also, as of a few years, Inland applicants can also apply for an open work permit (OWP) while the PR application is in process, which would allow your wife the opportunity to work in Canada. Usually this takes about 4 months to process. This document also makes it easier for your wife to travel (despite it specifying that it is not valid for re-entry), should it be necessary, until the PR application is done.

IRCC has actually cut back application times and their target is 80% of all cases within 1 year; but many people report getting processed a lot quicker than that. It depends in part on the Visa office processing the applications, but you'll notice on these forums that there are many people from Oct, Nov, Dec, and even a few from January completing the process around now.

I am assuming you You can also apply outland while you stay with your wife in Japan. To do so, you will have to show IRCC that you plan to move back once the application is processed. Then it becomes a choice whether you go to Canada in advance, or if you wait until your wife's application is processed. Then, even if you go to Canada in advance, your wife can visit you in Canada if she can get the requisite visitor visa, or eTA if she is visa-exempt. I've been to visit my husband a number of times since our application has been in process.

So you have a few options to not be separated for up to a year.

But can't she just stay in Canada with him while they apply for Outland?

From what I was told here it's that she can stay in Canada and apply Outland, and she will only be required to go back to Japan if she is asked for an interview. Right ?

 

[evdm]

But can't she just stay in Canada with him while they apply for Outland?

From what I was told here it's that she can stay in Canada and apply Outland, and she will only be required to go back to Japan if she is asked for an interview. Right ?

Yes, if the Principle Applicant is able to maintain valid temporary resident status (visitor etc) while the application is in process, they can easily stay in Canada during an outland application. The drawback to this is that the PA cannot work, or apply for an open work permit while the application is in process.

 

[Sojj]

Oh ok.

But if he is a candadian then they will be fine no? Why would he need a work permit, as the principle applicant ?

 

[ashpash22]

Oh ok.

But if he is a candadian then they will be fine no? Why would he need a work permit, as the principle applicant ?

He would be the sponsor, not the principal applicant. A Canadian citizen would not need a work permit.

To add to evdm's post, here are some links to the spreadsheets used to track dates. On the Outland one, you can see people from Sept and Oct who have already landed in Canada.
Outland: https://docs.google.com/spreadsheets/d/1dJsaLvHra4173xPfRwZbXo73hsxoXaLSJ5-tcm7qnJI/edit#gid=1501489741
Inland: https://docs.google.com/spreadsheets/d/1Yn3BFzI4q4xAy4EW3pG4CgQz9o3EzF5b18_tcSJwBhA/edit?pref=2&pli=1#gid=1524155556

 

[Rob_TO]

Is it really 1 year processing time during which they can't work, and/or leave the country?

No, you are confusing the 2 possible ways to apply.
1. INLAND. This means you are both already inside Canada when the app is submitted. Your wife would get a work permit after around 3-4 months, and the whole process would take around 1 year. It's advised not to leave the country, but many people do for short trips/vacations and it's usually fine.

2. OUTLAND. This means you apply from an outside visa office. Your wife can be living anywhere in the world. 12 months is just more of a worst case processing time they post, many outland apps for simple cases are approved in much less time (some in the 4-6 months range). There is no work permit with outland app, and she can come to Canada as a visitor anytime during the process until app is approved.

 

[Sojj]

Hi Rob & Ashpash,

But she can still apply for OUTLAND from Canada as well and stay in Canada right ? I guess the papers would be submitted to mississauga.

Thanks for making it clear as I am in a similar situation.

 

[WeegieInOttawa]

Hi Rob & Ashpash,

But she can still apply for OUTLAND from Canada as well and stay in Canada right ? I guess the papers would be submitted to mississauga.

Thanks for making it clear as I am in a similar situation.

Yes you can still apply Outland but be in Canada.

Applications are all sent to Missisauga..slightly different address if sending via courier but address isn't affected by inland/Outland.

 

[Rob_B]

Applications are all sent to Missisauga..slightly different address if sending via courier but address isn't affected by inland/Outland.

That might be useful. I'm from Mississauga maybe I could go bang on the doors to speed things along

Thanks everyone. I think I get the basic gist of it now. My goal is to obviously have us employed for as much of this process as possible, I see no reason to forfeit 6 months to a years salary sitting around waiting.

I guess our best option is to both remain in Japan and do an outland application. Maybe once it is 4/5 months in I can go to Canada and get things setup and maybe soon after that point it wouldn't be too long until she could quit and look for a new job.

So my last question is. If you do an outland application, just how are you supposed to prove that you intend to move to Canada once approved? What if something happens to change our circumstances during the application process after proving (however we do that) our intent to move there?

Thanks again,
Rob

 

[ashpash22]

That might be useful. I'm from Mississauga maybe I could go bang on the doors to speed things along

Thanks everyone. I think I get the basic gist of it now. My goal is to obviously have us employed for as much of this process as possible, I see no reason to forfeit 6 months to a years salary sitting around waiting.

I guess our best option is to both remain in Japan and do an outland application. Maybe once it is 4/5 months in I can go to Canada and get things setup and maybe soon after that point it wouldn't be too long until she could quit and look for a new job.

So my last question is. If you do an outland application, just how are you supposed to prove that you intend to move to Canada once approved? What if something happens to change our circumstances during the application process after proving (however we do that) our intent to move there?

Thanks again,
Rob

Yeah we went through a lot of the same decision making, we eventually decided on Outland and are both still working here in Australia but I'll be returning in November and hopefully my partner is approved by then. If not, it should only be hopefully 3 months since we applied in Feb this year. Sounds like that would hopefully work well for you as well.
You mentioned family in Canada, have them write letters regarding how much they would look forward to having you return to Canada. Especially if they are aging and could potentially say they may need care from you. My parents wrote a letter saying they would be able to support us with housing and finances if we needed it as well.
Currently not having a job is a great reason you can use for why you would like to return. I wrote a letter about how there have been major changes in my career field in BC in recent years and it would be beneficial for me to return for that reason. You might want to write something about what your spouse can do for work in Canada.
We don't own any property here in Australia, I still have an active Canadian bank account, my partner has limited family in Australia, our cars aren't worth much, as well as no major commitments to his job here so we included all of this in a letter just trying to prove we have no significant ties and we would be ready to move as soon as we approved.
We also included screenshots of Craigslist searches for rental properties, and searches for flights to return. It seems silly to just have screenshots but I've read of other people doing it as well, and it just shows you've actually looked into this and not just applying for the heck of it.
Another suggestion I once saw on here was to get a quote from a moving company or shipping company for anything you might want to move with you.
Technically if something changes, you need to inform CIC. If you suddenly have a new job and decide you no longer want to leave, you would need to inform them and most likely withdraw the application.

 

[mpottier]

Ya Welcome to the Canadian system:-(
Believe it or not it used to be worse, 2+ years! My wife and I live in Maine, and I'm from Nova Scotia, but the immigration process is so long-winded and disruptive, it makes moving back to Nova Scotia, like moving to the other side of the planet. Honestly, if it wasn't for the paper work and waiting (fees don't help either), we could move to Canada tomorrow if we chose.
I don't think the Canadian gov't realizes how many families they lose at the starting line from this obtuse bureaucratic hurdle. Ahh well