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In or outland application, that is the question

canadian416

Full Member
Jun 27, 2019
40
3
Me and my wife are pulling our hair out. We have been discussing on what sorta spousal application we should file!

Inland or outland

We recently got married here in Ontario a few weeks ago. We are waiting for our freaking wedding certificate.... Thats a conversation for another day !

My wife is from South East Asia (SEA). She has a visitor visa for 4 years. We are currently residing together here in Ontario. Her existing passort is one of the weakest in SEA.

Anyways, our wedding celebration will be in her home country in July. So we need to travel to her home country sometimes in Spring.

If you file inland, I have been reading the fact that it is simply not recommended to leave the country for more than 2 weeks or so. We may need to leave for the wedding celebration and be outside the countey way more than two weeks.

If you file an inland, once you get the confirmation of everything is OK with the application, you can apply for open work permit that allows you to get your SIN and health care, if you meet with the provincial requirements. etc..

Confirmation should not take too long. So, we may file an inland and leave for the wedding. However, there is a chance for denial of entry and we may need to withdraw the application and start over

Question: If you get the confirmation after filing inland, can you apply to get the open work permit at any visa office? There is a visa office in my wife's home country or it has to be obtained locally in Canada?

Or, file inland when we are back to Ontario. This would cost us at least 6 months though. And, it would feel like a jail as you cannot really travel outside Canada.

Question: Do you have to apply for visitor visa extention permit if you file inland so that you may stay longer than 6 monts in Canada?

If you file outland, traveling in and out of the country easier but you cannot get a work permit, no provicincial healthcare, etc.. We may have to pay for our newborn as we plan to have our first child in Canada. It won't be free for us because my wife would not have OHIP at the time of the delivery.

We can file an outland application before we leave, save time on the processing time, traveling might be easier but no work permit, no healthcare, etc..

Question: do you need to apply for visitor visa extention as you cannot stay longer than 6 months or since you have an application that is being worked on, you can stay more than 6 months?

This is really frustrating even deciding on the type of the application. We have not even filed it yet.

I am going bananas. I have not slept well for the past couple days.

Million dollar question
Those ladies and gents who have recenlty filed your spousal application, for the love of God, how did you guys decide it?

If you could share your overall recent experience would be great.

I sincerely appreciate sharing your experience with us.

Thank you for your time.
 

scylla

VIP Member
Jun 8, 2010
95,856
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Me and my wife are pulling our hair out. We have been discussing on what sorta spousal application we should file!

Inland or outland

We recently got married here in Ontario a few weeks ago. We are waiting for our freaking wedding certificate.... Thats a conversation for another day !

My wife is from South East Asia (SEA). She has a visitor visa for 4 years. We are currently residing together here in Ontario. Her existing passort is one of the weakest in SEA.

Anyways, our wedding celebration will be in her home country in July. So we need to travel to her home country sometimes in Spring.

If you file inland, I have been reading the fact that it is simply not recommended to leave the country for more than 2 weeks or so. We may need to leave for the wedding celebration and be outside the countey way more than two weeks.

If you file an inland, once you get the confirmation of everything is OK with the application, you can apply for open work permit that allows you to get your SIN and health care, if you meet with the provincial requirements. etc..

Confirmation should not take too long. So, we may file an inland and leave for the wedding. However, there is a chance for denial of entry and we may need to withdraw the application and start over

Question: If you get the confirmation after filing inland, can you apply to get the open work permit at any visa office? There is a visa office in my wife's home country or it has to be obtained locally in Canada?

Or, file inland when we are back to Ontario. This would cost us at least 6 months though. And, it would feel like a jail as you cannot really travel outside Canada.

Question: Do you have to apply for visitor visa extention permit if you file inland so that you may stay longer than 6 monts in Canada?

If you file outland, traveling in and out of the country easier but you cannot get a work permit, no provicincial healthcare, etc.. We may have to pay for our newborn as we plan to have our first child in Canada. It won't be free for us because my wife would not have OHIP at the time of the delivery.

We can file an outland application before we leave, save time on the processing time, traveling might be easier but no work permit, no healthcare, etc..

Question: do you need to apply for visitor visa extention as you cannot stay longer than 6 months or since you have an application that is being worked on, you can stay more than 6 months?

This is really frustrating even deciding on the type of the application. We have not even filed it yet.

I am going bananas. I have not slept well for the past couple days.

Million dollar question
Those ladies and gents who have recenlty filed your spousal application, for the love of God, how did you guys decide it?

If you could share your overall recent experience would be great.

I sincerely appreciate sharing your experience with us.

Thank you for your time.
How long will you be outside of Canada exactly? That's a pretty key piece of information.
 
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Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
Outland is your best (and only logical) option, since you plan to leave Canada for more than 2 weeks during the process.

Also worth noting that in some provinces, such as BC, a person is eligible for health care as soon as they have been `Approved in Principle', without needing a WP. It appears that Ontario may also have such requirements:
https://settlement.org/ontario/health/ohip-and-health-insurance/ontario-health-insurance-plan-ohip/who-is-eligible-for-ohip/



Part A

You must be able to answer "yes" to each of these statements:


  • Your principal home is in Ontario.
  • You were not away from Ontario for more than 30 days during the first 6 months that you lived here. That means you must be in Ontario for 153 days of the first 183 days that you live in Ontario.
  • You are in Ontario for at least 153 days in any 12-month period.
Part B

You must be able to answer "yes" to at least 1 of these statements:

Canadian Citizens and Permanent Residents

  • You are a Canadian citizen or permanent resident (including recently adopted children).
  • You are a "protected person," also called a convention refugee.
  • You are registered as an Indian under the Indian Act. (This is for aboriginal people of Canada.)
  • You applied for permanent residence and Immigration, Refugees and Citizenship Canada (IRCC) confirmed that you meet the eligibility requirements to apply for permanent residence in Canada. This means that you have "approval-in-principle."




An Inland applicant technically does not need to maintain their status, but this is generally not advisable. This is because of a Public Policy that does not disqualify an Inland applicant solely because of not having legal status in Canada; Outland applicants do not benefit from that same policy.
 
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scylla

VIP Member
Jun 8, 2010
95,856
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
@scylla, most likely 3 to 4 months.
In that case either apply Outland or wait until you have returned to Canada after the 3-4 month trip and apply Inland. Probably best to go with Outland to avoid losing processing time.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
In Ontario you don’t qualify for OHIP when you file for inland sponsorship until AIP which is at the very end of the sponsorship process. You must have an OWP and have a full-time job that will last over 6 months to qualify for OHIP. You would also need to meet the residency requirements to qualify gor OHIP which means being in Ontario for the first 5 out of 6 months, being in Ontario for the 6 months of the first year and making Ontario your permanent home. To qualify for maternity leave EI payments your spouse needs to meet the work hour requirements so that also needs to be a consideration. When you are abroad I would highly suggest taking out a private healthcare insurance policy that covers pregnancy. It must be purchased before you get pregnant and you must be abroad. I would look at the fine print to make sure she qualifies if only temporarily abroad while having been in Canada and also see what is covered when it comes to pregnancy and about and delivery. It is quite difficult to find employment if visibly pregnant (technically it is illegal but most employers don’t want to train an employee who will soon leave and who may need to take time off due to pregnancy from morning sickness to bed rest which is fairly common) and it can be tough to start a new job while pregnant because you may the unlucky person who experiences significant negative health issues due to pregnancy or have a high risk pregnancy. Just the normal fatigue and pregnancy brain can make getting through a work day challenging. There are some women who feel great during pregnancy but there are many who are hospitalized they are so unwell due to pregnancy or they have a high risk pregnancy and they are on strict bed rest in or out of the hospital for weeks to months. Would suggest getting some job experience before getting pregnant. Even 6 months of working as your non-pregnant self would establish yourself in the workplace and would set you up to be employed and likely qualify for maternity EI payments as long as your keep working part of your pregnancy, allow you to qualify for disability payments if you need to take extended period of time off during pregnancy, etc. If you are employed and qualify for provincial healthcare you also are able to qualify for extended health benefits if they are offered by your spouse’s employer or your own.

If you are goi g to be away for 3-4 months your only option is to apply outland.
 
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canadian416

Full Member
Jun 27, 2019
40
3
Outland is your best (and only logical) option, since you plan to leave Canada for more than 2 weeks during the process.

Also worth noting that in some provinces, such as BC, a person is eligible for health care as soon as they have been `Approved in Principle', without needing a WP. It appears that Ontario may also have such requirements:
https://settlement.org/ontario/health/ohip-and-health-insurance/ontario-health-insurance-plan-ohip/who-is-eligible-for-ohip/



Part A

You must be able to answer "yes" to each of these statements:


  • Your principal home is in Ontario.
  • You were not away from Ontario for more than 30 days during the first 6 months that you lived here. That means you must be in Ontario for 153 days of the first 183 days that you live in Ontario.
  • You are in Ontario for at least 153 days in any 12-month period.
Part B

You must be able to answer "yes" to at least 1 of these statements:

Canadian Citizens and Permanent Residents

  • You are a Canadian citizen or permanent resident (including recently adopted children).
  • You are a "protected person," also called a convention refugee.
  • You are registered as an Indian under the Indian Act. (This is for aboriginal people of Canada.)
  • You applied for permanent residence and Immigration, Refugees and Citizenship Canada (IRCC) confirmed that you meet the eligibility requirements to apply for permanent residence in Canada. This means that you have "approval-in-principle."




An Inland applicant technically does not need to maintain their status, but this is generally not advisable. This is because of a Public Policy that does not disqualify an Inland applicant solely because of not having legal status in Canada; Outland applicants do not benefit from that same policy.

Thank you for your feedback, @Ponga. I agree the fact that outland would be the best an logical option.

I was not aware OHIP is that complicated for the newcomers. Now I feel their pain....

It would be months until we reach "approval-in-principle." step.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
Thank you for your feedback, @Ponga. I agree the fact that outland would be the best an logical option.

I was not aware OHIP is that complicated for the newcomers. Now I feel their pain....

It would be months until we reach "approval-in-principle." step.
If spouses are under visitor status and not working then in most provinces they are treated like any other visitor. Most spouses being sponsored will only qualify for healthcare if they are working. There are some prairie provinces where spouses who are being sponsored qualify for provincial healthcare but some have strict residency requirements to qualify like living in the province for the next 12 months.
 
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canadian416

Full Member
Jun 27, 2019
40
3
In Ontario you don’t qualify for OHIP when you file for inland sponsorship until AIP which is at the very end of the sponsorship process. You must have an OWP and have a full-time job that will last over 6 months to qualify for OHIP. You would also need to meet the residency requirements to qualify gor OHIP which means being in Ontario for the first 5 out of 6 months, being in Ontario for the 6 months of the first year and making Ontario your permanent home. To qualify for maternity leave EI payments your spouse needs to meet the work hour requirements so that also needs to be a consideration. When you are abroad I would highly suggest taking out a private healthcare insurance policy that covers pregnancy. It must be purchased before you get pregnant and you must be abroad. I would look at the fine print to make sure she qualifies if only temporarily abroad while having been in Canada and also see what is covered when it comes to pregnancy and about and delivery. It is quite difficult to find employment if visibly pregnant (technically it is illegal but most employers don’t want to train an employee who will soon leave and who may need to take time off due to pregnancy from morning sickness to bed rest which is fairly common) and it can be tough to start a new job while pregnant because you may the unlucky person who experiences significant negative health issues due to pregnancy or have a high risk pregnancy. Just the normal fatigue and pregnancy brain can make getting through a work day challenging. There are some women who feel great during pregnancy but there are many who are hospitalized they are so unwell due to pregnancy or they have a high risk pregnancy and they are on strict bed rest in or out of the hospital for weeks to months. Would suggest getting some job experience before getting pregnant. Even 6 months of working as your non-pregnant self would establish yourself in the workplace and would set you up to be employed and likely qualify for maternity EI payments as long as your keep working part of your pregnancy, allow you to qualify for disability payments if you need to take extended period of time off during pregnancy, etc. If you are employed and qualify for provincial healthcare you also are able to qualify for extended health benefits if they are offered by your spouse’s employer or your own.

If you are goi g to be away for 3-4 months your only option is to apply outland.
Where can I hang myself! I hate to see that you have to meet with bunch of requirements in order to qualify for OHIP.

My concern was not EI or maternity leave. I was anticipating you could get OHIP once you have a work permit and meet with the residency requirements
I have my extended benefits thru work but it does require provincial health care to qualify if I want to add my wife which she does not have. Having a special insurance that covers specifically pregnancy related stuff is actually a great idea though.

@canuck78, thank you for your detailed feedback. It is highly appreciated.


Outland is the way to go....

I hope this thread helps others as well.

Cheers!
 

canadian416

Full Member
Jun 27, 2019
40
3
If spouses are under visitor status and not working then in most provinces they are treated like any other visitor. Most spouses being sponsored will only qualify for healthcare if they are working. There are some prairie provinces where spouses who are being sponsored qualify for provincial healthcare but some have strict residency requirements to qualify like living in the province for the next 12 months.

Yeah, for sure, @canuck78

Part A

You must be able to answer "yes" to each of these statements:

  • Your principal home is in Ontario.
  • You were not away from Ontario for more than 30 days during the first 6 months that you lived here. That means you must be in Ontario for 153 days of the first 183 days that you live in Ontario.
  • You are in Ontario for at least 153 days in any 12-month period.

and

  • You are a Canadian citizen or permanent resident (including recently adopted children).
would be enough for many of the spouses being sponsored in Ontario.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
Where can I hang myself! I hate to see that you have to meet with bunch of requirements in order to qualify for OHIP.

My concern was not EI or maternity leave. I was anticipating you could get OHIP once you have a work permit and meet with the residency requirements
I have my extended benefits thru work but it does require provincial health care to qualify if I want to add my wife which she does not have. Having a special insurance that covers specifically pregnancy related stuff is actually a great idea though.

@canuck78, thank you for your detailed feedback. It is highly appreciated.


Outland is the way to go....

I hope this thread helps others as well.

Cheers!
Requirements are there to try to ensure that people are taxpayers if they have access to healthcare and that people don’t return to Ontario when they need healthcare. The 3 month wait to qualify for OHIP, that was eliminated due to Covid, will also likely return to try and prevent people from returning mainly to access healthcare. Returning to give birth and then leaving is a good example of what the government is trying to prevent. Wish I could say that the Ontario government was good at policing those with large gaps in their access to healthcare or pursuing cases in a timely manner. That goes for auditing anything related to healthcare. Most are pursued around 5+ years after the fact.
 
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