Help... We need input on Inland or Outland with our circumstances!!

[Sirenane]

Hello everyone,
Wow!! I am sooo happy to find this page!!! So much useful information!!
There are a few things that I need some input on though.... instead of us going around in circles :-\

I'm Canadian and my husband is Spanish (Spain). I have been a resident in Spain for 14 yrs. My husband and I have lived together since 2009 and married in May 2013. We are living in Spain right now and would like to go to Canada in January 2016.
We are close to sending in the PR application but I'm hesitant on which way to go, Inland or Outland. We have an Immigration Lawyer (based in Canada) but he just tells me that we just need to decide which way we want to go and we'll make it work... The time it takes for the approval is not a factor, more so that we wish to be there as soon as we can even if he can't work until the PR gets approved.

Any insight from all of you that are experienced would be extremely helpful!!

The questions I have regarding this are:
1. To apply Inland, do we have to "actually" be in Canada meaning we would have to wait to send in the application until we are there?

2. I want to change over my distributorship with Herbalife (country change) when we go in Jan. so I would need to declare my move back to Canada in Jan. but, if we have decided on Inland (and if we can't send in the app. until we are there) how does that affect my husband entering Canada? Does he say that we are "going to apply for the PR" and enter as a visitor? I would think we would have to prove this. For this reason I am thinking it's better to apply Outland... I don't want any problems with Customs.
Wouldn't it be better to apply Outland to have the process documented and already started so that he would have some sort of justification when entering in Jan. and also because I will be declaring my move back?

3. If it's best then to apply Outland because of this, when it comes time to do the medical we will be in Canada, will there be a problem to do the medical there even though we have applied Outland?

4. Also if we are in Canada but applied Outland, will they send the approval letter to a Canadian address or do we "have to" have it sent to a Spanish address? Or will this be sent to the Immigration Lawyer?


Another question I have for our move if anyone has any insight into this...
We will be shipping over a container with the majority of our personal belongings. Can I include his personal things as well in Jan. when I declare my move back to Canada in Jan.? Obviously some things are not a question but if there are some masculine items or with his name on them, will this be a problem with him not having PR yet?
Also, we are getting quotes but does anyone have any good shipping company suggestions?

Thank you soooo much for any input you can share with us.

 

[ayrazar]

I'm sorry I can only answer one of these but:

3. There is no issue with applying Outland and having the medical done in Canada. As long as it is done by an approved panel physician as far as I know it doesnt matter the country.

 

[Sirenane]

I'm sorry I can only answer one of these but:

3. There is no issue with applying Outland and having the medical done in Canada. As long as it is done by an approved panel physician as far as I know it doesnt matter the country.

Thank you so much for clarifying that for me Ayrazar!! That helps!!

 

[Linus0]

1. If you apply inland they expect you to be living in canada durning the duration of the whole application (the processing time is like 2-3 years I believe) and it is not recommended that the person your sponsoring leave canada at all durning the period because if he is denied entry at the boarder your whole application is gone.

2. I would look up duel intent when it comes to your husband entering canada, you can tell them that you applyed for PR and show proof of reciepts but he has to satisfy the officer that he will return home if the application is denied, so it is a good idea to have some strong ties back to his home country, like a return ticket home dated at a later date ( that you cancel if he doesnt need ), a bank account, some type of utility bill, pretty much anything that shows he has a place to go back to, he cannot say he is moving to canada technically because he has no status so he is simply visiting until he gets PR.

And for the last question about moving both of your things, I would declare them all as yours, because he is not allowed to move to canada untill PR because he is technically a visiter.

Hope that helped a little, im sure you'll get some more experienced answers

 

[Sirenane]

1. If you apply inland they expect you to be living in canada durning the duration of the whole application (the processing time is like 2-3 years I believe) and it is not recommended that the person your sponsoring leave canada at all durning the period because if he is denied entry at the boarder your whole application is gone.

2. I would look up duel intent when it comes to your husband entering canada, you can tell them that you applyed for PR and show proof of reciepts but he has to satisfy the officer that he will return home if the application is denied, so it is a good idea to have some strong ties back to his home country, like a return ticket home dated at a later date ( that you cancel if he doesnt need ), a bank account, some type of utility bill, pretty much anything that shows he has a place to go back to, he cannot say he is moving to canada technically because he has no status so he is simply visiting until he gets PR.

And for the last question about moving both of your things, I would declare them all as yours, because he is not allowed to move to canada untill PR because he is technically a visiter.

Hope that helped a little, im sure you'll get some more experienced answers

Much appreciated Linus!! Thank you!!

 

[Buletruck]

Some things to consider in your decision:

Paris seems to be the office that will process an outland application for you. Current times listed on the CIC web site are 68 days for sponsor approval and 8 months to approve the applicant (remember this id the 80% rule). Total time is just over 10 months (or less if it's straight forward application)

Current inland application times listed are 17 months for the sponsor and 10 months for the applicant.

With inland, your husband can, in all likelihood, get a OWP, so he can find a job to keep himself entertained during the wait. With outland, he is heavily restricted on what he can do. Short courses and limited volunteer work (there was one case in the news this summer where an outland applicant got booted because there were pictures of him decorating their house....work a Canadian could have been doing (that would be an over zealous officer)).

Inland applicants are not restricted from leaving the country, but if you do leave and they decide not to let you back in, for whatever reason, you're hooped.

There is no appeal for an inland application. If they say no, that's it. Outland applications have the right of appeal.

When you return to Canada, you can bring whatever you like. If your personal choices favour the masculine, CBSA won't care. When I returned from Asia this year, we package all our stuff. We had the a detailed B4 completed for our arrival, they looked over the form, signed and stamped it and didn't look at what I had with me. The items that followed were not inspected either. Make the details on the form generic (i.e. Suitcase of clothes, box #2: dishes) for household stuff and very detailed for electronics and valuables (TV, Jewellery, computers, etc) and include serial numbers.

Personally, if I was you I would apply outland, unless you need your husband to work while you wait. In my mind, the benefit of having an appeal far outweighs the additional income from an 8-10 month wait. Once he is here, about a month from his arrival date, apply to extend his visa for 6 months. The current wait on that is about 140 days, so they will issue a 10 month or 1 year extension (since it takes 6 months to process it anyway), by which time you should have your application completed. Keep records of everything.

On your application, use your Canadian mailing address and a personal e-mail for all contact, so you get the information. The lawyer is just going to charge you for passing it all along anyway.

 

[Sirenane]

Some things to consider in your decision:

Paris seems to be the office that will process an outland application for you. Current times listed on the CIC web site are 68 days for sponsor approval and 8 months to approve the applicant (remember this id the 80% rule). Total time is just over 10 months (or less if it's straight forward application)

Current inland application times listed are 17 months for the sponsor and 10 months for the applicant.

With inland, your husband can, in all likelihood, get a OWP, so he can find a job to keep himself entertained during the wait. With outland, he is heavily restricted on what he can do. Short courses and limited volunteer work (there was one case in the news this summer where an outland applicant got booted because there were pictures of him decorating their house....work a Canadian could have been doing (that would be an over zealous officer)).

Inland applicants are not restricted from leaving the country, but if you do leave and they decide not to let you back in, for whatever reason, you're hooped.

There is no appeal for an inland application. If they say no, that's it. Outland applications have the right of appeal.

When you return to Canada, you can bring whatever you like. If your personal choices favour the masculine, CBSA won't care. When I returned from Asia this year, we package all our stuff. We had the a detailed B4 completed for our arrival, they looked over the form, signed and stamped it and didn't look at what I had with me. The items that followed were not inspected either. Make the details on the form generic (i.e. Suitcase of clothes, box #2: dishes) for household stuff and very detailed for electronics and valuables (TV, Jewellery, computers, etc) and include serial numbers.

Personally, if I was you I would apply outland, unless you need your husband to work while you wait. In my mind, the benefit of having an appeal far outweighs the additional income from an 8-10 month wait. Once he is here, about a month from his arrival date, apply to extend his visa for 6 months. The current wait on that is about 140 days, so they will issue a 10 month or 1 year extension (since it takes 6 months to process it anyway), by which time you should have your application completed. Keep records of everything.

On your application, use your Canadian mailing address and a personal e-mail for all contact, so you get the information. The lawyer is just going to charge you for passing it all along anyway.

Thank you so much for all your detailed input Buletruck!! I appreciate it so much!!
I'm heavily leaning towards Outland now ;D The only thing that I have doubts about is whether we should wait then until I am approved as a Sponsor for us to actually go to Canada (and declare my move at the same time)... Any input? I know our case is fairly basic cut and dry but I would hate to have something to happen with that part and then me have residency there and him here. I guess the risk is there until he has the PR completely approved and we would have the appeal to fall back on.

 

[canadianwoman]

I would apply outland. You can send in the outland application while you are in Spain, or wait until you come back to Canada. Since you want to come back soon, it might make more sense to wait. Get everything ready now, then send it as soon as you get here. The reason I say this is that if you send it in while you are in Spain, you will have to include proof you will be returning to Canada. Not that big of a deal in your case, of course, since you are returning to Canada in Jan.

You can have his things in with your things when you move back. It is unlikely they will actually check, so it should be OK.

However, when he comes to Canada with you, you are moving back, but he is not. He must be clear that he is just visiting. He should have some proof that he is just visiting - such as a return ticket, proof of any ties to Spain, etc. If you send in the application before you get back, have proof of it to show the border agents if they ask. If you haven't sent it in by then, you can pay first and show the receipt, or just have the forms ready. Many people on the forum have come to Canada as a visitor to wait with their spouse or partner.

You can apply outland even when he is in Canada visiting you. To apply inland, he has to be in Canada.

For outland, you can use your residential address in Canada as your mailing address as well. It does not have to go to a Spanish address. Or you can have it go to your lawyer.

 

[Buletruck]

I know our case is fairly basic cut and dry but I would hate to have something to happen with that part and then me have residency there and him here.

I am assuming he has had a fairly regular travel history, hopefully to Canada. CBSA looks at the travel history to determine peoples inadmissibility. When my spouse and I came back to Canada this year, we filed after we landed and she got medicals done here. On arrival, because I held a Canadian passport, we were screened separately, and I had to go in for secondary to declare my goods. In the meantime, she was admitted and waited outside the immigration area till I was done. I wouldn't say this is exactly how it happens for everyone, as there is a risk you would both end up in secondary, but if there isn't anything suspicious about your travel history, I can't see why they would be inclined to check further. She stated she was travelling with me, she had a return ticket (that we cancelled later), and was processed as an individual, despite her connection with me.

 

[Buletruck]

BTW....If you are considering doing the medicals in Canada, book it in advance for sometime after your arrival. Nothing more annoying than getting here and finding out its a 28 day wait to get an appointment.

 

[Sirenane]

I am assuming he has had a fairly regular travel history, hopefully to Canada. CBSA looks at the travel history to determine peoples inadmissibility. When my spouse and I came back to Canada this year, we filed after we landed and she got medicals done here. On arrival, because I held a Canadian passport, we were screened separately, and I had to go in for secondary to declare my goods. In the meantime, she was admitted and waited outside the immigration area till I was done. I wouldn't say this is exactly how it happens for everyone, as there is a risk you would both end up in secondary, but if there isn't anything suspicious about your travel history, I can't see why they would be inclined to check further. She stated she was travelling with me, she had a return ticket (that we cancelled later), and was processed as an individual, despite her connection with me.

Thank you so much for sharing this info Buletruck!!!! ;D
No, funny enough, he hasn't ever been to Canada. He actually hasn't done much traveling at all and nothing out of Spain since we met...
I'm sure we will go though the same as you both did. Nice to know what the processes are and what actually happens at customs
Thanks for the tip on the booking the Medical in advance as well.

 

[Sirenane]

I would apply outland. You can send in the outland application while you are in Spain, or wait until you come back to Canada. Since you want to come back soon, it might make more sense to wait. Get everything ready now, then send it as soon as you get here. The reason I say this is that if you send it in while you are in Spain, you will have to include proof you will be returning to Canada. Not that big of a deal in your case, of course, since you are returning to Canada in Jan.

You can have his things in with your things when you move back. It is unlikely they will actually check, so it should be OK.

However, when he comes to Canada with you, you are moving back, but he is not. He must be clear that he is just visiting. He should have some proof that he is just visiting - such as a return ticket, proof of any ties to Spain, etc. If you send in the application before you get back, have proof of it to show the border agents if they ask. If you haven't sent it in by then, you can pay first and show the receipt, or just have the forms ready. Many people on the forum have come to Canada as a visitor to wait with their spouse or partner.

You can apply outland even when he is in Canada visiting you. To apply inland, he has to be in Canada.



For outland, you can use your residential address in Canada as your mailing address as well. It does not have to go to a Spanish address. Or you can have it go to your lawyer.

Thank you so much for your opinion and input Canadianwoman!! I appreciate having all the info I can get!!

 

[Buletruck]

The other option, though slightly more cumbersome, would be for both of you to arrive as visitors, and once you are in, depending on where you plan to settle, you could take a trip into the US for a day and come back and declare your return to Canada. That might raise a few eyebrows with CBSA though.