Inland or outland application

[ducman]

Hi folks, I'm hoping for advice on whether I should do an inland or outland PR application. I was convinced inland was the way to go as she is currently in Canada but after reading some info here it seems that maybe outland is the way to go.

Here's the scenario:
-I'm a Canadian citizen, she's from the Philippines
-We're recently married, we have been in a relationship for a good while and she has met lots of family and friends. Plus we have lots pics to show we are legitimate so I have no concerns there.
-She is currently out of status as her work permit expired and her employer didn't apply for LMIA in time. She is within the 90 days to which she's eligible to apply for restoration.

Here are my questions:
-Is my understanding correct that she needs to have a status for us to apply for inland sponsorship & OWP?

-How long is it taking for the OWP to be approved? 4-5 Months?

-Can or should we apply for restoration as a visitor to do the inland app?

-Should we just wait for the LMIA result? I'm hesitant as there's no guarantee it will be approved and we could end up wasting time.

-I read that it's not advised to travel outside Canada if doing the inland, what are some reasons that re-entry would be denied?

-4-6 months is the timeline for outland applications?

-If we do an outland app does she need to exit the country for any reason?

-If we do an outland and meanwhile the LMIA gets approved should she go back to work or would that screw up the PR application?

-If we do outland I assume she'll need a visa of some sort to travel outside Canada?

To summarize, the way I see it right now if we apply as inland she waits almost as long as just to get the OWP as she would to get PR if we do an outland, or am I misunderstanding things?

Thanks in advance for advice and replies. If I'm missing any info let me know.

 

[Decoy24601]

Outland may be better for you since it's faster. However, it does not excuse being out of status and you should definitely apply for that Restoration of Status.

She does have to have status to apply for the OWP.

It's technically an incorrect assumption that for a PR application the person doesn't need status. Even with outland, that's untrue. She should maintain her status no matter what as long as she's in Canada.

Yes, it takes 4-5 months for the OWP to be approved.

Yes, you only have to have visitor status to apply inland.

No, 4-6 is not the timeline for outland application. It is the time that it takes to process the applicant's portion of the application for some visa offices. As far as an applicant from the philippines goes, I'm not sure what the current processing times are for the specific VO (Manila) applications are sent to. Please not that sponsorship approval takes 2-3 months with outland usually and does not include the additional time it takes to process the applicant's portion. 4-6 months would be the fastest Ottawa could turn out applications, but it's currently taking a bit longer (which is not where her application would be processed, most likely). The CIC website recently changed the way they show processing times. They are no longer visa specific. They now show 17 months as the processing times for all outland applications, regardless of VO, which is not at all accurate, because VOs still process applications at different rates.

If you do outland, she may need to attend an interview in her home country, so yes, she could have to leave.

No, you can go back and forth on an outland application with no issues. Please note that the PR application itself does not give her any status or right to be in Canada. Her work permit would.

She will not need a visa to travel to her home country, however, she will need TRV or a work permit (study permit, etc) of some sort to return to Canada.

Outland does NOT take 4-6 months. It is much faster, yes, but anyone on here who says it only takes 4-6 months is not giving you correct information. It's rare for someone to have all portions of the applications completed in that time. That only accounts for the applicant's portion of the application, not the additional 2-3 months for the sponsor to be approved. Depending on your visa office, it could take up to a year for the entire application to go through. Most likely it will be a few months shy.

http://www.canadavisa.com/canada-immigration-discussion-board/new-manila-visa-office-philippines-spousefamily-timeline-t325837.0.html