Inland Or Outland is the question.

[pirchcom]

Here is some background.

Me Canadian Citizen male 52 y/o no kids living in BC Canada.

Wife to be is 40 y/o Filipino living in Alberta for 2 1/2 years on work permit that expires May 2016. three kids the oldest will turn 19 Dec 2015 they are in Philippines being looked after by her mother
.
We have been in a relationship for two years long distance. She has visited me about 4 or 5 times and we did spend a month together. We do skype each and every day and talk on viber all day every day.

The question should we apply Inland or Outland.



The obvious benefits to Outland is the time 17 months for her PR. And also to get her children here to Canada.

But if she has to have an interview I believe she would have to go to Manila.



If we apply Inland it will take longer but she could get her OWP in 5 months. And could move to BC with me.

Any suggestions would be very helpful.


Could she keep working in Alberta and finish her contract without any red flags instead of living with me after our wedding. Or is finishing her contract a good enough reason to stay in Alberta.

 

[DuberBlue]

Sounds like you've laid out most of the pros and cons yourself Outland takes less time, but the Inland has the benefit of getting the OWP. Be aware that with an Inland app it is expected that your wife will not leave Canada. She will have Implied Status while her app is processing which means she can remain here legally all during that time.

Personally, I think the CIC might question why a married couple in Canada with an Inland app among them aren't living in the same province, but perhaps they would be satisfied with the situation of having the existing work permit.

Also, for any children that will still be under 18, keep in mind they will need to get their own medicals. If they do not, your wife may NEVER get to sponsor them in the future.

 

[Rob_TO]

Here is some background.

Me Canadian Citizen male 52 y/o no kids living in BC Canada.

Wife to be is 40 y/o Filipino living in Alberta for 2 1/2 years on work permit that expires May 2016. three kids the oldest will turn 19 Dec 2015 they are in Philippines being looked after by her mother
.
We have been in a relationship for two years long distance. She has visited me about 4 or 5 times and we did spend a month together. We do skype each and every day and talk on viber all day every day.

The question should we apply Inland or Outland.



The obvious benefits to Outland is the time 17 months for her PR. And also to get her children here to Canada.

But if she has to have an interview I believe she would have to go to Manila.



If we apply Inland it will take longer but she could get her OWP in 5 months. And could move to BC with me.

Any suggestions would be very helpful.


Could she keep working in Alberta and finish her contract without any red flags instead of living with me after our wedding. Or is finishing her contract a good enough reason to stay in Alberta.

An absolute requirement of an INLAND app, is that sponsor and applicant are cohabiting in Canada for entire duration of inland processing. If you are living in BC and she is living in Alberta, any inland PR app you submit will be rejected, guaranteed. We have seen others on this site be rejected for same reason (one of sponsor or applicant living in another province due to work).

So if seems like OUTLAND is your only option. Keep in mind since she's been here several years and has status here for at least 1 year, there's a good chance CIC will choose to process the Outland application in Ottawa (it will still be outland). In this case, any potential interview would be in Canada. Of course the decision to process based on residency (Ottawa) or citizenship (Manila) is entirely up to CIC. You should write a cover letter explaining why you want Ottawa for processing.

 

[pirchcom]

It's looking like Inland is the way to go.

She really wants to work however we can wait for 4 or 5 months for her OWP.

I realize the overall process will take longer but she has to look after her 3 children 2 in private school and one in college. She wants to do this on her own without my help if she can.

 

[Ponga]

It's looking like Inland is the way to go.
So...I guess you'll be moving to Alberta, or she to BC, since you have to live TOGETHER, as Rob_TO mentioned

She really wants to work however we can wait for 4 or 5 months for her OWP.

I realize the overall process will take longer but she has to look after her 3 children 2 in private school and one in college. She wants to do this on her own without my help if she can. Ok...that certainly seems like a Red Flag to me...unless you're saying that she doesn't want your financial help for her kids' schooling.

 

[Rob_TO]

It's looking like Inland is the way to go.

She really wants to work however we can wait for 4 or 5 months for her OWP.

I realize the overall process will take longer but she has to look after her 3 children 2 in private school and one in college. She wants to do this on her own without my help if she can.

At the time you submit any inland application you must already be cohabiting in Canada. Not living in separate provinces. So before you submit an inland app either you must move to Alberta, or she must move to BC.
As I mentioned, outland may be your only option if you are unwilling to do this.

Also you do have a few red flags in your app such as only meeting in person a limited amount of time and not living together after you get married, and I assume you have never met her kids before. CIC sometimes uses the relationship the sponsor has with applicant's kids, as a measure of if the marriage is real or not. If it's possible I would try to visit the Philippines with her to actually meet her family (if you haven't already done so). You have to convince CIC that she is not marrying you simply to get PR for herself and her children.

 

[pirchcom]

Yes she will come here as I own a small business and cant sell up and move to Alberta. Once here we will get married and then do the application.

I don,t know what red flag regarding her wanting to look after her children's schooling on her own. She is a little suborn that way and I am in no way saying I wouldn't help and I will for sure make sure that the children are looked after. But she wants to work and not sit around doing nothing. It will make her feel worthless.

 

[Rob_TO]

Yes she will come here as I own a small business and cant sell up and move to Alberta. Once here we will get married and then do the application.

I don,t know what red flag regarding her wanting to look after her children's schooling on her own. She is a little suborn that way and I am in no way saying I wouldn't help and I will for sure make sure that the children are looked after. But she wants to work and not sit around doing nothing. It will make her feel worthless.

In order to move to BC and you get married, I assume she will need to quit her job. If she's on a closed work permit, that would also cause that permit to be revoked at some time before it's expiry date. So you will need to make sure you submit an inland application while her status in Canada is still valid, so she will go on implied status. If her status were to be cancelled before submitting inland PR app, then she would not be on implied status and would be here illegally for the duration of PR processing, and possibly not qualify to get an OWP.

Note also that once you apply inland, she will basically need to stay in Canada for 2 years without being able to leave even for vacation to the Philippines to visit her kids. Even if she gets an OWP after 4 months, I don't think that would allow her to board a plane back to Canada if she were to leave.

And finally if her eldest is turning 19 soon, then you will need to ensure CIC receives the application before his 19th birthday. Then his age will be locked in as a dependent no matter how long the PR app takes, with the only stipulation being he can't get married or become common-law with anyone during that time.
If he turns 19 and you haven't yet submitted the app, he is no longer a dependent and can then never be sponsored.

 

[pirchcom]

I thought she was able to stay in Canada for the length of her visa regardless of if she quits her job.

Her work permit is good until May next year. Does this not allow her to stay. ??

 

[pirchcom]

Sorry one more question.

If we apply outland will it be a problem with her residing in Alberta until her work contract ends? Or will they still reject it.

Thanks
For all the info

 

[Rob_TO]

I thought she was able to stay in Canada for the length of her visa regardless of if she quits her job.

Her work permit is good until May next year. Does this not allow her to stay. ??

I'm no expert in closed work permits but as far as I know if you get fired or you quit, your permit (and status) would be cancelled at some time before the expiry date. You would need to change status to visitor to stay in Canada legally. Once employer informs CIC she is no longer working with them, only then will steps be taken to revoke the permit (not sure how long the process takes).

Same as for someone here on a study permit, who then drops out of school. Their permit would be cancelled before the expiry date showing.

If we apply outland will it be a problem with her residing in Alberta until her work contract ends? Or will they still reject it.

There is no requirement for sponsor and applicant to cohabit while an outland app is in process, so that would be fine. Of course there is also no OWP associated with an outland app so after her work permit expires she would need to get a new one or change status to visitor if she wanted to stay in Canada.

 

[pirchcom]

One more question.

I have been assuming that when I sponsor my fiance inland her children that live in the Philippines will get there PR at the same time is this correct??

 

[Panamai]

Keep in mind that the 17 month time for Manila Outland processing is the time frame in which 80% of applications are processed. From what I've seen, most Manila applicants are moving much faster than that lately. Most of the Manila applicants who applied the same time as me, in January '15 already have their COPR and I'm an Ottawa applicant. Also, as others have mentioned, an inland application would require her to stay in Canada for the entire processing time and also important to note there is no appeals process if the inland app is rejected. If I were you, I'd most certainly go the outland route. Good luck!

 

[Panamai]

Also, if she applied inland, wouldn't her children have to be inside Canada as well to be included on the application?

 

[pirchcom]

I think we have weighed out the pros and cons to inland vs outland and we will apply inland.

My concern is if her children will get PR the same time as her.