Inland Application (spousal)

[lisow]

Me and my fiance (of 2 years) are looking at the options associated with an Inland PR Visa application, but have a couple of questions on the process...

She would be coming to Canada on a 6-month Visitor Visa, where would get legally married as soon as possible to start the immigration process. As I understand it, when we have a valid marriage certificate, we would apply for her Inland Permanent Residency, sending in enclosed in the same envelope both:

i. Application for an Extension of her tourist visa
ii. Application for an open work permit

which I believe are on the same form entitled 'Application to Change Conditions, Extend my Stay or Remain in Canada' (check boxes 'A' and 'C') and would be applied for on only the 1 form (if that is the correct way?).

My questions are:

1. Would I (as a Canadian Citizen) have to apply to be a sponsor first of all through Mississauga (~44 days) first before she puts forth her PR application?

2. Would she have implied Temporary Resident status after her 6-mth Visitor Visa is up since we included an Extension application along with the PR application?

3. Would she be allowed to work in Canada on her 'Open Work Permit' after the 6-mth Visitor Visa is up and implied status starts, or is it after she gets her 1st-Stage approval on becoming a Permanent Resident?

Thanks for any help with these questions!

 

[iarblue]

Your application to sponsor and her application go together in the same envelope to vergaville.Once you send in your app include a work permit app.Once it reaches first stage which is about 7 months in land,she will recieve her work permit,she can not work until she gets this permit,her visit visa will expire while the app is in process but will be under implied until the work permit comes.She still can not work under implied either.
But first she needs to get the visit visa,be carefull what you put on the app.They most of the time will not approve if she is coming her to plan to marry.But thats up to the VO .

 

[BlueDragon17846]

Me and my fiance (of 2 years) are looking at the options associated with an Inland PR Visa application, but have a couple of questions on the process...

She would be coming to Canada on a 6-month Visitor Visa, where would get legally married as soon as possible to start the immigration process. As I understand it, when we have a valid marriage certificate, we would apply for her Inland Permanent Residency, sending in enclosed in the same envelope both:

i. Application for an Extension of her tourist visa
ii. Application for an open work permit

which I believe are on the same form entitled 'Application to Change Conditions, Extend my Stay or Remain in Canada' (check boxes 'A' and 'C') and would be applied for on only the 1 form (if that is the correct way?).

My questions are:

1. Would I (as a Canadian Citizen) have to apply to be a sponsor first of all through Mississauga (~44 days) first before she puts forth her PR application?

2. Would she have implied Temporary Resident status after her 6-mth Visitor Visa is up since we included an Extension application along with the PR application?

3. Would she be allowed to work in Canada on her 'Open Work Permit' after the 6-mth Visitor Visa is up and implied status starts, or is it after she gets her 1st-Stage approval on becoming a Permanent Resident?

Thanks for any help with these questions!

1) No, you do not send anything to Mississauga for inland apps. The PR app and the OWP app get bundled and sent in the same envelope to Vegreville. Please read the instruction guide carefully before you apply. http://www.cic.gc.ca/english/information/applications/spouse.asp

2) As long as you have sent your PR app and appropriate extension before her current visitor visa expires, she is on implied status until they either send you an extension or they let you know otherwise.

3) They will not send her the work permit, and therefore she is unable to work, until first stage approval.

And yes, the extensions are both the same form, you just check a different box.

 

[rjessome]

Why apply inland? Outland processing is usually much faster and you don't lose the right of appeal if the application is refused.

I'm was just wondering about the recent increase in inland applications. Very strange.

 

[iarblue]

I guess its because they found out they can apply,work,and be with their spouse.So if the app take s a couple more months being with your spouse would make the wait a bit easier.

 

[rjessome]

I guess its because they found out they can apply,work,and be with their spouse.So if the app take s a couple more months being with your spouse would make the wait a bit easier.

Yes, I agree. It's just that first stage approval is not a given. As we can all see from many members on this board, the wait is so long if it's not given and if you leave Canada, you risk being denied reentry and having your application refused. And now first stage approval takes 8 months. For many, an outland application could be completed by then. With no appeal for inland, it just seems like a high risk to me. But that's just my opinion.

 

[iarblue]

You are so right i would much rather have it done outland it has way more benefits.Mine all total from the day we sent it to mississauga 7 months.thats fast.

 

[suenim]

Outland is not best for everyone. We all have to weigh the pros and cons when choosing which route to take. The visa office in my home country is taking 7-15 mths. Only 30% of the applications are processed in 7 mths and 80% in 15 mths. I already have an open work permit so I don't need to wait for AIP to be able to work. I could have sent my application to my home country or even Buffalo. I was going to send it to Buffalo but then I thought "what if they want and interview?" I don't see any reason why they would want one but you never know. If I go to my home country, I probably would not be let back in even with a valid work permit and TRV. If I had required and interview in Buffalo, I would need a TRV for the States and it is not easy for someone of my nationality to get one. I knew there was no right of appeal for inland and I hope like we all do that the app is processed smoothly.

 

[kelKel]

I guess people applying from a country that needs a visa sometimes inland is the better way to go. The idea of having to travel for an interview and having to have to obtain a visa to return which would most likely not happen. For visa exempt countries the outland process seems to be the better way to go.

 

[Love_Young]

I think it is dependent on the situation.
I am from the US but I chose to apply inland. I knew that outland in most cases is better but given that my husband has a disease and needs my help to care for him, I couldn't take the risk of being denied entry if I had to go home or being refused for an extension. I NEED to stay with my husband. I mean what if he was put in the hospital again? It would kill me if I couldn't be by his side. This time together is vital so all the wait is worth it to us.

But I would recommend that most US couples or visa exempt couples apply outland. The only reason we did otherwise is because this time together is precious and well honestly, my husband could pass away at any moment if sick enough. It was our choice to go through this route and we know the consequences. But right now the benefit of helping my husband through this, out weighs the cons.

 

[rjessome]

Outland is not best for everyone. We all have to weigh the pros and cons when choosing which route to take. The visa office in my home country is taking 7-15 mths. Only 30% of the applications are processed in 7 mths and 80% in 15 mths. I already have an open work permit so I don't need to wait for AIP to be able to work. I could have sent my application to my home country or even Buffalo. I was going to send it to Buffalo but then I thought "what if they want and interview?" I don't see any reason why they would want one but you never know. If I go to my home country, I probably would not be let back in even with a valid work permit and TRV. If I had required and interview in Buffalo, I would need a TRV for the States and it is not easy for someone of my nationality to get one. I knew there was no right of appeal for inland and I hope like we all do that the app is processed smoothly.

True, outland is not always the best. But what I see from you is carefully weighing the pros and cons of each situation. You also have the advantage of having an open work permit which most don't have. However, you made a calculated decision knowing the risk involved as well as the possible consequences. That's smart and has you taking responsibility for your actions. But we've all seen others who "thought" things that didn't come to fruition. Generally, outland is a better choice but not always.

 

[rjessome]

I think it is dependent on the situation.
I am from the US but I chose to apply inland. I knew that outland in most cases is better but given that my husband has a disease and needs my help to care for him, I couldn't take the risk of being denied entry if I had to go home or being refused for an extension. I NEED to stay with my husband. I mean what if he was put in the hospital again? It would kill me if I couldn't be by his side. This time together is vital so all the wait is worth it to us.

But I would recommend that most US couples or visa exempt couples apply outland. The only reason we did otherwise is because this time together is precious and well honestly, my husband could pass away at any moment if sick enough. It was our choice to go through this route and we know the consequences. But right now the benefit of helping my husband through this, out weighs the cons.

Definitely the right choice for you. Best wishes to your husband.

 

[Love_Young]

Definitely the right choice for you. Best wishes to your husband.

Thank you so much rjessome. That means a lot. We are trying to hold strong together and use this time to spend a lot of time together even if it means being lazy.