Inland vs. Outland

[americaninlove]

• Just wondering which is smarter route to go through to get Permanent Residence as a spouse?

[br]

• Why did you choose Inland/Outland?

[br]

• What are the benefits and negatives to each?

My Situation:​

I am from the United States and fell in love with a Canadian. We decided we want to get married, but this immigration stuff seems so complicated. We could get married legally in my state this summer in a courthouse and then start outland, then we are planning to have a ceremony with family and friends early next year, which is when I would be planning to move to Canada with him. That would give us 7 months before I would be planning to move there. Side Note For Outland: Could I get my police background check and medical examination done prior to our legal wedding date?
Otherwise we could skip the courthouse stuff and do it all with the church ceremony and begin Inland next year. I really don't want to not work or be able to look for a job for long though too so this is another concern, also I might want to visit back home after a few months as a relative is getting married... Any advice on our situation would be great too?

 

[MadeInCanada]

Outland can be applied for while you are actually together in Canada because no visa is required for US applicants, and has the option to appeal if needed. (hopefully it wont though)


Hang on for more members to reply, there are loads of helpful people on this forum.


Also, check out this thread:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

The first few pages have great info regarding Inland vs Outland.

It is all overwhelming at first. But with the help you will get here from others with the same experience it is all a little less daunting.

Good Luck

 

[Sweden]

AS a US citizen, there is almost no advantages for you to choose Inland. You can choose outland and be in Canada - on a tourist visa. You won't be able to work, unless you get an employer that is willing to go through an LMO for you, but you can travel in and out of Canada. or US citizen, outland is usually faster. If you apply inland, you have to stay in Canada for the duration of the procedure - 14 months for now. So if you can apply outland, then go for it.
Depending on what is your field of expertise, you should look at NAFTA - if you qualify, you could get a work permit at the border ( and still apply outland, it doesn't matter).
Good luck,
Sweden

 

[sariss]

My husband was in Canada when we applied, and we applied outland. The entire process was 7 months.

 

[cory.areyouin]

My husband was in Canada when we applied, and we applied outland. The entire process was 7 months.

I know this thread is old but was wondering about being in Canada and applying outland. Since the process was 7 months and a visitor stay from the US is good for 6 months, did your husband have to go back to the US to reset that clock? Or does having an application for permanent residency cover that? Thanks!

Cory

 

[Alurra71]

I know this thread is old but was wondering about being in Canada and applying outland. Since the process was 7 months and a visitor stay from the US is good for 6 months, did your husband have to go back to the US to reset that clock? Or does having an application for permanent residency cover that? Thanks!

Cory

No, they probably filed for an extension to his visitor status. Not a big deal.

IF they would've filed INLAND and included an OWP with the application, then he would've been on implied status even after his 6 months, or until they made a decision on his OWP.

 

[frege]

• Just wondering which is smarter route to go through to get Permanent Residence as a spouse?

[br]

• Why did you choose Inland/Outland?

[br]

• What are the benefits and negatives to each?

My Situation:​

I am from the United States and fell in love with a Canadian. We decided we want to get married, but this immigration stuff seems so complicated. We could get married legally in my state this summer in a courthouse and then start outland, then we are planning to have a ceremony with family and friends early next year, which is when I would be planning to move to Canada with him. That would give us 7 months before I would be planning to move there. Side Note For Outland: Could I get my police background check and medical examination done prior to our legal wedding date?
Otherwise we could skip the courthouse stuff and do it all with the church ceremony and begin Inland next year. I really don't want to not work or be able to look for a job for long though too so this is another concern, also I might want to visit back home after a few months as a relative is getting married... Any advice on our situation would be great too?

I think in your situation, outland is far better, because you can start right after you get married (or have lived together for a year) and it will be faster. You may even be approved before you move to Canada (as a visitor at first).

There's no need to do the medical beforehand, because it's quite quick to get an appointment. In fact, you should do it just before you apply, because the medical results are valid only for 12 months. Their validity can usually be extended, but it's best to avoid the need for this.

With respect to the police certificates, they have to be dated within three months of the date you apply. You're allowed to get them beforehand if you like. However, it will show immigration was already on your mind when you got married, so it might not be the best idea to do this.

I'm not sure how long an American one takes, but if you find yourself in a situation where you have everything ready except the police certificate, and you expect it will take another few weeks, then go ahead and apply without it. Include a note saying you've applied and are still waiting for it. It's better to get in the processing queue immediately, even though there may be a short delay later when they ask you for the certificate.

 

[Jamesdavid3]

I had the same choice to make, In-land or Outland....

My IEC visa ends on January 10th 2014 and in my situation I had to stay in Canada and continue working. I couldn't even risk leaving my job because how would I support my GF, apartment, rent etc... I also couldn't just leave the country and wait while this is processed.

So I applied In-Land, this allows me to Stay inside Canada during this whole process and since I have also submitted a Open Work Permit which my application I can just still stay and continue to work while I wait for my Open work Permit to be approved and sent back to me which is in around 6-10 months time.

If I applied Outland, I would have to quit my job in January 2014, maybe re-enter Canada as a Visitor and just wait the 10 months for my application to be processed.

so for me, In-land was the only and best choice.

 

[sariss]

I know this thread is old but was wondering about being in Canada and applying outland. Since the process was 7 months and a visitor stay from the US is good for 6 months, did your husband have to go back to the US to reset that clock? Or does having an application for permanent residency cover that? Thanks!

Cory

We applied for an extension.

 

[frege]

I had the same choice to make, In-land or Outland....

My IEC visa ends on January 10th 2014 and in my situation I had to stay in Canada and continue working. I couldn't even risk leaving my job because how would I support my GF, apartment, rent etc... I also couldn't just leave the country and wait while this is processed.

So I applied In-Land, this allows me to Stay inside Canada during this whole process and since I have also submitted a Open Work Permit which my application I can just still stay and continue to work while I wait for my Open work Permit to be approved and sent back to me which is in around 6-10 months time.

If I applied Outland, I would have to quit my job in January 2014, maybe re-enter Canada as a Visitor and just wait the 10 months for my application to be processed.

so for me, In-land was the only and best choice.

Jamesdavid, it's been mentioned on the forum that because the IEC work permit is not extendable, you can't get "implied status" as a worker just because you've applied for an OWP. In this situation, you will have implied status as a visitor, but you won't be allowed to work after your current work permit expires.

CIC's published material is unclear on this point. However, some people on the forum have reported problems in this situation. Specifically, they've been told by CIC that they were in non-compliance with the law and had their sponsorship affected.

To me, it's not clear whether this is really what the law is, or if CIC has been misapplying the law either generally or in specific instances. I can't confirm this one way or the other, but in any event there's a good chance you'll have a problem.

I think you should begin to consider other options. Perhaps you could get a new IEC, or a labour market opinion from your current employer.

 

[Jamesdavid3]

Jamesdavid, it's been mentioned on the forum that because the IEC work permit is not extendable, you can't get "implied status" as a worker just because you've applied for an OWP. In this situation, you will have implied status as a visitor, but you won't be allowed to work after your current work permit expires.

CIC's published material is unclear on this point. However, some people on the forum have reported problems in this situation. Specifically, they've been told by CIC that they were in non-compliance with the law and had their sponsorship affected.

To me, it's not clear whether this is really what the law is, or if CIC has been misapplying the law either generally or in specific instances. I can't confirm this one way or the other, but in any event there's a good chance you'll have a problem.

I think you should begin to consider other options. Perhaps you could get a new IEC, or a labour market opinion from your current employer.

I know MANY people on this forum and other people who are still continuing to work while they wait for the OWP. They all had a IEC Visa and are now on Implied Status...

Thats proof and I am also going to do the same.

 

[frege]

I know MANY people on this forum and other people who are still continuing to work while they wait for the OWP. They all had a IEC Visa and are now on Implied Status...

Thats proof and I am also going to do the same.

I don't think that's proof that it's okay, unless they were given some kind of documentation verifying their implied status. Otherwise, all it is is proof that it didn't come to the attention of CIC, or that when it did, CIC didn't take any action against them.

As I said, it may well be that you are correct, and that what we are seeing is the rules being interpreted inconsistently or incorrectly by CIC.

Have a look at this thread for an example of someone who was apparently denied landing because she revealed she'd been working after her IEC expired:

http://www.canadavisa.com/canada-immigration-discussion-board/issue-with-working-before-pr-is-granted-t162220.0.html

 

[Jamesdavid3]

I know many people who are on the IEC visa who has also applied for a OWP and Applied In-Land at they have still continued to work even when the IEC visa expires.

They have not had any problems at all so far, most of them work for huge companies to have let them continuing to work even though they no longer have a SIN/Work Permit. As far as they are consigned they are on Implied Status and can continue to work until they have heard back at the 1st stage if they have been approved or not. The Proof they have given their employers is the receipts from the OWP and the PR application and that's enough.

I am still going to continue to work once my IEC ends in January.

 

[steerpike]

Definitely outland. Its way quicker. Inland just went from 6 months to 10 months to get stage 1.