Inland Application Help

[JJMoshpotatoes]

Hello,

I was recently married ( May 18th 2014 ) and I am confused with some things that CIC is very vague about. I have come across forums and other websites that all contradict one another so I am here to ask for advice.

My husband is living with me currently in British Columbia, Canada and his visitor visa expires June 20th. We want to do it inland because as of right now for outland the first step is 44 days and second is 26 months ( this is based on the Los Angeles Visa Office) Im assuming that is where his application would go because he is from California. So as of right now inland seems to be faster.

So here is my questions:

By doing inland, does he still need to apply for an extension on his stay? or does that allow him Implied Status?
That is the confusing part about CIC, they say doing it inland the applicant must be living IN Canada, but it says nothing about maintaining legal status. I have come across websites saying that by doing inland it allows the applicant to stay in Canada.

Second Question is about the Open Work Permit. I am confused where this is located on CIC? is it just to apply for a regular work permit and specify what it is for?
also, by sending the OWP with the PR application, does this give him Implied Status? Which then allows him to legally stay in Canada until a decision is made?

Third Question is about the Criminal Record Check. CIC says he has to contact the FBI to get them to send everything up here for his criminal record check. Now I saw processing times for that can take up to 4-6 months. Unless he applies for an extension, We wont have enough time to wait for it to get here before his time is up. So the confusing part with this is I have come across forums/websites that the criminal record check can be sent it later on when it is requested? is this true?

My last question is about the Medical. Should this be done before or after? I know that they will request it when its necessary so I am just making sure that I can send in the application, then get the medical done so its sent to them when they request it.

Sorry for all of the questions, but I have tried calling CIC but the agents are always busy. The CIC website and other websites are very confusing and contradict one another so much. I figured I would come to a website like this where people have first hand expierience!

Thank You.

 

[scylla]

Do outland if you are sponsoring an American. It's typically quite a bit faster (files are processed through Ottawa). Inland has too many restrictions and most Americans who end up choosing this route regret it.

 

[Ponga]

The actual time to complete the entire process (for an American) is ~ 1 year, NOT 4 months + 26 months.

Most Americans apply Outland. Their application is actually processed in Canada (Ottawa), unless there are `issues', such as doubts regarding the relationship, criminal, or other `red flags'. This is not public knowledge (not sure why CIC keeps this information rather secret), but it is SUBSTANTIALLY FASTER for your husband to apply Outland. He can even remain in Canada `visiting' you, provided that he maintains his legal visitor status.

1.
An Inland applicant does not need to maintain legal status to apply, but they are at risk of being removed from Canada. CIC and CBSA have different views/policies for a person without status that has applied for spousal sponsorship.

2.
An OWP submitted with an Inland application will give implied status, as long as the applicant has legal status at the time that the application is received by CIC. OWP is not available for an Outland applicant.

3.
Once again, CIC has not updated this information. The FBI's website shows that the current processing time for a PCC is ~ 26 days.

4.
Up-front, if you submit an Outland application. Deferred, if you apply Inland.

Good luck!

 

[JJMoshpotatoes]

We were more interested in the inland because of the OWP.
Also, if it entitles him to stay in Canada while doing it inland makes it easier for us as well. We really don't want to be apart unless it is made no choice for us.

So I am still slightly confused if he is allowed to stay in canada while waiting for inland, or if an extension needs to go through.

Is it possible for us to apply for an extension for a year? If I am going to be the one to help support his stay while we complete the application. If he can get a year then the ouland may be a better option.. but if he is denied I dont know if we can re apply a second time before his visa is expired.

 

[Rob_TO]

If you apply outland through Ottawa office, you'd most likely have entire PR approved in a quicker time than just stage 1 approval of inland.

With the outland app in progress, it's usually pretty easy to request an additional 6 or even 12 months visitor status extension to remain in Canada.

 

[Ponga]

If you apply Inland and submit an OWP prior to his visitor status expiring, he can remain in Canada under implied status, but...Are you sure you want to do that?

He would not be eligible for the OWP until he receives first stage approval, known as AIP (Approval In Principle). The current processing times for an Inland application are ~ 10 months before reaching AIP. With an Outland application, you would be nearly complete with the entire process (stage 1 and 2).

Most Americans have no problem getting a visitor extension, but it is never guaranteed.

 

[MaxLet]

so yeah, i found it!

The answers you got are the same I would have gave you and even better, @ponga is a senior that helped a lot and @scylla has a lot of knowledge in this matter. I think the answers are pretty clear.

just to clarify something:
-A USA citizen can "reset" his tourist entry only by going to the border. So if he gets close to the 6months maximun, he can go to the border, and go back in. trick the system!
-If he wants to work, that's another story, you have to keep a legal status. This might be confusing but let me try to explain:
If he came with a work permit that will soon expire, and you send a OWP app with your sponsorship application, and his old permits expire while waiting for the new one, he must likely fall under implied status.

but if you (like me) DO NOT RENEW your work/study permit and simply wait for PR, YOU CAN BE REMOVED FROM CANADA AT ANY TIME. (oh yeah.. i lived in fear!)... the rule says that people "without status can apply" which only means that being out of status is not a reason to deny you the right to apply for PR, but they dont say CBSA will not kick you out... got it?

As everyone else said, do not go through LA office, apply through OTTAWA PILOT. Is way faster for american citizens, if he resets his tourist entry constantly or if he gets a work permit, he cannot be kick out of canada during the waiting even if you do it OUTLAND.


hope this helps!!!

good luck and God bless!

 

[JJMoshpotatoes]

Okay thank you for all the info.

If he is here for 3 months, can we apply for a year extension? or because he is only allowed 6 he will be denied?
But because we will be doing the spousal sponsorship and during this time I will be supporting him, are they usually pretty good with allowing that exception?

Also, with resetting time by leaving canada and coming back... is there a time limit that he has to stay OUT of canada? or can he just cross over, spend the day in whatever port he has crossed, then come back that same day or even next?
Wont that raise flags and then he could possibly be denied?
Also, would it make it easier if I was in the car with him, along with our marriage license and all the info we need?

We just want to try and do this without spending a ton of time apart from one another.

Just out of confusion as well,
The Processing times on CIC say the Ottawa office is 14 months right now. Is that just approxamite or could it be less time as well?

Sorry for all the questions! I am just trying to weigh out the pros and cons here.

 

[rhcohen2014]

Okay thank you for all the info.

If he is here for 3 months, can we apply for a year extension? or because he is only allowed 6 he will be denied?
But because we will be doing the spousal sponsorship and during this time I will be supporting him, are they usually pretty good with allowing that exception?

Also, with resetting time by leaving canada and coming back... is there a time limit that he has to stay OUT of canada? or can he just cross over, spend the day in whatever port he has crossed, then come back that same day or even next?
Wont that raise flags and then he could possibly be denied?
Also, would it make it easier if I was in the car with him, along with our marriage license and all the info we need?

We just want to try and do this without spending a ton of time apart from one another.

Just out of confusion as well,
The Processing times on CIC say the Ottawa office is 14 months right now. Is that just approxamite or could it be less time as well?

Sorry for all the questions! I am just trying to weigh out the pros and cons here.

yes, anyone can apply for a 6 mo. extension of their visitor visa, and it is very common to be approved for 6 mo or 1 year extensions for US citizens, especially if PR applications are submitted. So essentially, your husband will be able to be in canada as a visitor for the entire process. He just won't be able to work legally in canada. Now, if he has a remote job for a US employer, he CAN do that work while in canada. The border agents like to see when US citizens work remotely, it alleviates their concern about the visitor attempting to work illegally.

be very careful when trying to "reset" as a visitor in canada. There is still considerable debate as to whether this is true or not. I, myself, have been told by a border agent we are allowed 6 mo. per calendar year NOT per visit. There are some that are told the opposite. It depends on the border agent who lets you in really. Some woman just wrote in another thread that her husband went back to the us too close to the end of his 6 mo. stay, and now the border agents will only let him back in for 3 days a week. He can not go there long term. I'm assuming they live in border towns to make this possible. In this situation, the border agents told them if he stays longer than 3 days a week, that's considered living in canada... which is a no no for visitors - we can only "visit". So to AVOID this, it's important to apply for an extension at least 30 days prior to the visit ending, and asking for another 6 mo. or 12 mo. This person did not realize that he can only apply online, and tried to apply at the border, and acording to this poster, it was too late! Her post is here on page 3:
http://www.canadavisa.com/canada-immigration-discussion-board/please-hear-me-out-i-need-help-t195940.0.html;msg3149533#msg3149533

When entering the border it's super important that the US citizen carries proof of strong ties to the US. The best proof are a lease/mortgage/deed or work contract/pay stubs. Belongings and family are NOT considered strong ties. IT is also helpful for the applicant to carry a copy of the application (even if its not sent yet - just showing them the intention to apply makes them happy), fees paid (even if you are still working on the application, pay some of the fees to show intent), and marriage certificate. If the US citizen keeps traveling across the border with a lot of belongings, it will raise concern. If he can't prove his ties, that will raise concern. In my experience, they are friendlier to married couples with intent to or already applying for PR. They want to see you are following the rules. Whether you are with him doesn't matter, because they will be more concerned about him, and ask him questions. If you get sent into secondary, they will ask you to sit while they ask HIM questions. Just make sure he is always caring this proof with him if he decides to go back and forth regularly.

Of course there is no guarantee for any crossing, as it's truly dependant on the border agent you meet and whether or not they believe your intentions. All you can do is be honest, and let them know you are planning or have applied for PR. Again, if your husband can secure a remote job with a US employer, that's his best bet to have limited hassle while crossing.


AND YOU DEFINITELY WANT TO APPLY OUTLAND... AS EVERYONE SUGGESTED, THE PROCESSING TIME IS ABOUT 8-10 MONTHS FOR OTTAWA. us applications don't go to LA unless there is some big issue with the applicant (criminal record, question of the relationship). Also, even though the website suggests the processing time is longer, that is not a true "average". Another senior member can explain better. This forum provides spreadsheets for each applicant month and tracks the progress, so those are the best indicator of what the trend is. IF your husband applied inland and he needed to go back to the states for any reason, his application will be at risk for being cancelled, and then you would have to start all over again. Just read threads from US applicants who applied inland - most would have done differently. With an outland app, he can come and go as he pleases.

 

[JJMoshpotatoes]

That was very helpful. Thank you.

So I just want to make it clear that when we send out our application ouland, it is all automatically send to Ottawa?
Also, I dont like the idea of having to do this whole border thing. I want to do all of this right with us spending the most time together.

He currently doesn't have job ties to the US right now. So thats why we figured Inland was best.

Also, for outland now... Does the Criminal Record Check and Medical need to be done before hand? Or just when they are requested by CIC.
Because If we apply for an extension, at this moment we wont be able to apply for the PR yet if all of that is required beforehand. Since we would have to wait on results.

So Im hoping if we do have to wait, we can apply for an extension and hope that my income and our marriage proof will be enough for them to allow him 6-12 months to stay.

 

[rhcohen2014]

That was very helpful. Thank you.

So I just want to make it clear that when we send out our application ouland, it is all automatically send to Ottawa?
Also, I dont like the idea of having to do this whole border thing. I want to do all of this right with us spending the most time together.

He currently doesn't have job ties to the US right now. So thats why we figured Inland was best.

Also, for outland now... Does the Criminal Record Check and Medical need to be done before hand? Or just when they are requested by CIC.
Because If we apply for an extension, at this moment we wont be able to apply for the PR yet if all of that is required beforehand. Since we would have to wait on results.

So Im hoping if we do have to wait, we can apply for an extension and hope that my income and our marriage proof will be enough for them to allow him 6-12 months to stay.

yes, all us applications go to ottawa after sponsorship approval. again, this is assuming there isn't some red flag in the file as stated above.

yes, you can hold off on doing the criminal record check and medical until after sponsorship approval. in that letter, i believe they will request them to be sent to the visa office. It's cheaper to do the medical in Canada, and there usually isn't a significant wait time to get an appointment. For the FBI record, the current processing time is about 26 days. I have read from other people on here, they have had their results sent to a canadian address, so apparently they will send them to canada! It's important the FBI record is sent to the visa office within 3 mo. of receiving it.

there is no income requirement for someone to sponsor a spouse. What they will be looking at is your criminal record, and your option c form from the CRA (This is a form that must be requested from CRA, it is NOT equivalent to your T4, Notice of Assessment, or tax return). All you have to do is call them and they will send it for the last tax year you've completed. If you haven't done your most recent taxes, get them done asap, as that will delay being able to obtain the option c. Also, the online version does not seem to be accepted by CIC, they require an original copy from CRA. The main concern for CIC is whether the sponsor has drawn on welfare over the past 12 months.

Your husband needs to figure out some significant ties. Again this is the major concern, so if he has family perhaps he can get a standard lease drawn up to show he's got somewhere to go back to. CBSA wants to know he's not going to overstay or work illegally.

 

[JJMoshpotatoes]

If we apply for an extension before the PR application, would that allow him to have a longer stay? or do we need proof of the PR in progress for them to allow him 6-12 months?

 

[Ponga]

yes, you can hold off on doing the criminal record check and medical until after sponsorship approval.

While this seems to be ok for an Inland applicant, not providing this up-front with an Outland application risks the entire application being returned as incomplete.

 

[rhcohen2014]

While this seems to be ok for an Inland applicant, not providing this up-front with an Outland application risks the entire application being returned as incomplete.

that's what i thought too, though there are some recent outland applicants who have done this, and it didn't affect SA. CIC simply requested them to be sent to the visa office in the SA letter. The explanation given by these applicants is that those items are for the applicant, and have no bearing on the sponsor's application.

 

[rhcohen2014]

If we apply for an extension before the PR application, would that allow him to have a longer stay? or do we need proof of the PR in progress for them to allow him 6-12 months?

the length of the extension is in the hands of CIC once the application is submitted. Even if you ask for 12 months, it's not guaranteed you'll get it. It's possible to get an extension without a pr application submitted yet. i'm sure showing that fees have been paid and telling CIC you are working on the application will support your application. If you don't get the length of time you want in the first extension, you can always apply for a second when that is about to expire and your application is submitted.