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Inbound vs Outbound

Worried and Confused!

Full Member
Apr 9, 2010
28
1
Hi there. I hope someone can help me?

My partner is Canadian and hoping to sponsor me through commonlaw. I am in Canada now, I entered on a tourist visa and now we've decided that we want to stay in Canada. We want to put down that we are living together now in Canada. Can I do this while I am on a tourist visa? I want to apply outbound as I hear it's quicker, can I do this? Or because I am in Canada do I have to apply for inbound?

Thanks

Laura
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
Despite what you may think, you are not "living in Canada" (you haven't moved here, although your time here with your partner does count towards your common law time). You are just visiting. You still live in some other country and you can apply there (outland), even though you are in Canada at the moment. You'll give your permanent address (outside Canada) but you can have a mailing address in Canada.

Be sure that you do not let your tourist visa expire. You can apply for an extension to Vegreville (either by mail or online) and you will usually get it if you have proof of an application in process, and they receive your request BEFORE your tourist visa runs out. If your visitor period runs out while they consider the extension (currently about a 55-day process), you have implied status as a tourist until they get back to you. If they were to deny your extension, you'll have about 30 days to get out.

There's a good chance you'll get any necessary extensions as long as they are satisfied that you have a place to live, a job, family obligations, etc., back in your home country (or at least on balance that you won't be tempted to overstay your visitor permission). It's perfectly legal in Canada to have "dual intent" (intention to stay temporarily and intention to stay permanently at the same time). You just have to satisfy them that your temporary stay is indeed temporary.
 

Worried and Confused!

Full Member
Apr 9, 2010
28
1
Thank you so much, you have really put my mind at rest! Now I can get started with the process. I'm sure I'll be on this forum to get advice on a daily basis!
Thanks again
Laura
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
I agree with BeShoo - yes, you can apply via the outland process even while you are staying in Canada. Be aware, though, that if an interview is required, you'll have to leave Canada to attend it at the overseas processing office and there is no guarantee you'll be re-admitted to Canada afterwards. However, being able to show that you have valid temporary status in the form of a visitor visa or visitor permit should help in that regard. Outland for applicants who want to stay in Canada during processing typically works better for applicants who are visa-exempt.

That said, an applicant never HAS to apply inland - they cannot force you to apply inland because inland sponsors forfeit the right to appeal a refusal. And the inland process requires that you remain in Canada, even if you don't have valid temporary status - which puts you at a disadvantage. The outland process does not have a residency requirement - you always have the right to apply through the embassy that represents your home country, even if you aren't living there. You do, however, have to have valid temporary status in Canada if you intend to remain in Canada while awaiting finalization of your PR ap. And that's also the best way to "prove" your co-habitation for common-law qualification if the "living together" has been accomplished within Canada. It can put you at a disadvantage to try to prove cohabitation in a country where you didn't have the right to stay.

Be sure you apply separately from the PR ap for your visitor extension - but include proof of your relationship, financial support from your partner and the PR ap in process with the extension application. Also, track the mailing and get delivery confirmation (this applying online is new and I'm not sure what type of confirmation you get, so be cautious) - you'll want to be able to demonstrate that you have "implied status" to remain legally in Canada if the approval of the extension doesn't come before your current status expires. It's currently taking about 55 days to process those.
 

Worried and Confused!

Full Member
Apr 9, 2010
28
1
Thanks. If I need to leave Canada, can I have the interview in the nearest outland embassy (i.e. the states) or will I have to go back to the UK for my interview? Being from the UK do I have to submit my application form in London, UK, or can I send it through a Canadian embassy in the US?

I have a 6 months tourist visa now, will I have to change this status when I submit my application? Or do I wait until I am applying for PR?

What forms do my partner and I have to submit now? Is it just the sponsorship forms for my partner and where do these forms get sent to? Do we have to pay all the fees now? Or just the sponsorship and applicant fees?

Thank you for your help

Laura
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

Worried and Confused! said:
Thanks. If I need to leave Canada, can I have the interview in the nearest outland embassy (i.e. the states) or will I have to go back to the UK for my interview? Being from the UK do I have to submit my application form in London, UK, or can I send it through a Canadian embassy in the US?

I have a 6 months tourist visa now, will I have to change this status when I submit my application? Or do I wait until I am applying for PR?

What forms do my partner and I have to submit now? Is it just the sponsorship forms for my partner and where do these forms get sent to? Do we have to pay all the fees now? Or just the sponsorship and applicant fees?

Thank you for your help

Laura
1. No the Interview would be at the processing office.
2. You really should read the instructions at : http://www.cic.gc.ca/english/information/applications/fc.asp
3. The complete sponsorship and application with attachments (out of Canada) go to Mississauga first.
4. You must pay the processing and application fee $550 upfront with the application, you can pay the RPRF $490 later.