Inland vs Outland Guidance

[missbee]

Hi All!

First off, I want to thank all of you for your posts thus far in regards to Spouse Sponsorship, you have been very helpful!

I am trying to decide between applying via an inland or outland spouse sponsorship application. I am a US citizen who has been in a relationship with a Canadian citizen since april of 2012. We met in Australia where I was living at the time, and he was finishing up an engineering project. We went traveling together, and then decided that I would move back to Newfoundland with him in September 2012. I entered Canada on a visitor visa, where I have been living with him ever since (while periodically visiting the US every 3-5 months, as per the visitor guidelines).

I like the travel options of the outland visa, and also the option in worst case of an appeal. My only concern is how long it could take me to get a work permit, the processing time seems to be around 22months. Where if I applied inland I would have the option for a work permit once stage one is complete, but processing times do not seem certain, anywhere from 2-8months. So, my questions are:

1.) Can you apply for a temporary work permit through an outland application?
2.) Is it legal to stay in Canada as a visitor, while working remotely as a US consultant for an American company.(while maintaining a permanent US address)?
3.) Would the above interfere with and Inland or Outland Application?
4.) Does anyone know if the processing times for stage one approval vary by province, I only ask this because I spoke with an immigration lawyer who seemed to think it would only take 2months to receive a work permit through an inland application.

Thank you so much for your help on this!!!

 

[Ponga]

Hi,

I had no idea that an Outland application would take 22 months to process. Where did you find that information?
Outland is supposed to be substantially faster for someone from the US (or other visa exempt countries).

The estimated processing time for Inland is 11 months for stage 1 approval of sponsor (your AIP [Approval In Principle]) and then another 11 months to complete stage two, BUT some people have received their AIP and DM [Decision Made] at the same time, so it is possible for the Inland application to be completed in a year.

Perhaps you have confused the 22 months of Inland, with whatever the estimated wait is for Outland.

Good luck!

 

[Rob_TO]

I entered Canada on a visitor visa, where I have been living with him ever since (while periodically visiting the US every 3-5 months, as per the visitor guidelines).

Did you take the trips to US with your common-law spouse, and how long were the trips for?
Reason I ask is because if you went to US yourself, and the trips were for a significant time (say over 3 weeks), then you run the chance of the VO thinking the cohabitation was broken. Unless you already achieved common-law status while travelling together earlier.

My only concern is how long it could take me to get a work permit, the processing time seems to be around 22months.

US outland apps are processed through Ottawa visa office (CPP-O). If you read the CPP-Ottawa thread on this forum, you'll see times for processing are in the 8-10 months range currently. No idea where you got 22 months from!

1.) Can you apply for a temporary work permit through an outland application?

You can see what working holiday type work permits you could be entitled to as a US citizen. But no, there is nothing specific to the outland application.

2.) Is it legal to stay in Canada as a visitor, while working remotely as a US consultant for an American company.(while maintaining a permanent US address)?

As long as your pay-cheques come directly from the US, it should be ok.

3.) Would the above interfere with and Inland or Outland Application?

No.

4.) Does anyone know if the processing times for stage one approval vary by province, I only ask this because I spoke with an immigration lawyer who seemed to think it would only take 2months to receive a work permit through an inland application.

That lawyer is an idiot (I seem to notice that a lot on this site!). There is no way it would be 2 months. Current processing times for inland apps is 11 months for stage 1 approval and getting OWP. You can't speed this up and the time is the same no matter what province you are in.

Do NOT consider using that lawyer, as they don't know what they're talking about. I'm shocked at the number of bad lawyers out there who don't even know the basic rules, and how they throw out advice that is just factually wrong.

In the end i would recommend to apply outland.

 

[missbee]

Thank you for your quick replies!! Very helpful!!

The following link is where I got the 22month outland visa processing times: worldwideweb.cic.gc.ca/english/information/times/perm/fc-spouses.asp
Though I was just looking under the New York and LA offices, thank you for pointing out the Ottawa pilot program!

My partner was with me on all but one of my trips out of the Country which was only 2wks, so should be ok there.

I think according to your advice and previous threads Outland is the way to go, without retaining the optimistic lawyer .

You guys are great, thanks again!!

 

[Mxngurl]

I am in Canada with a student visa and got married last march in Toronto with my wife who is a permanent resident. We recently learned that We are expecting our first baby so we believe it is important to begin with the sponsorship application. Our dilemma is whether we should apply within Canada or back in Italy?

Then, If we apply from outside Canada can I stay here with my student visa?

What about my medical examination? I already went to a doctors office from the list that the government website has available, do I have to do this again but in iTaly?

My student visa expires September 30 2014, should I extend this visa at the same time we submit the application within this month? or should I wait to get closer to the expiration date? and apply for an extension separately?

Could be there any other reasons besides the potential interview that I would need to go back to my country?

Thanks for any guidance.

 

[Rob_TO]

Then, If we apply from outside Canada can I stay here with my student visa?

Yes.

What about my medical examination? I already went to a doctors office from the list that the government website has available, do I have to do this again but in iTaly?

When did you take the exam? As long as you did a medical exam from the CIC list, then that should be ok as it doesn't matter where in the world you take it. But they are only valid for 1 year, so if your previous exam is expired or almost expired, you may need to do another one.

My student visa expires September 30 2014, should I extend this visa at the same time we submit the application within this month? or should I wait to get closer to the expiration date? and apply for an extension separately?

If you apply outland, then wait until your current visa is almost expired (i think 1 month before), then apply for a new student visa, or to turn it into a visitor status.

Could be there any other reasons besides the potential interview that I would need to go back to my country?

Only if for some reason you are refused for a visa extension starting Oct 2014, then you would be forced to leave Canada until your PR is finished. But for a visa-exempt applicant, this should be very rare.