Inland: What are some reasons they would deny our application

[Dan284]

Hello everyone,

I have a question in regards to the Inland application, but I get to that I would like to give a little back story of our relationship.

My fiance and I have been together for six years and counting. We are very much in love with each other, have been since we first meet in college (She is Canadian, Im American). We have lived together for three years with ample proof of our relationship: flight tickets, plenty of pictures, rent receipts, letters addressed to the both of us, concert tickets, phone logs, and the very sappy love letters. She just went back to Canada this past January because her visa expired. Originally, we wanted to get married in America and apply for her citizenship, but we had a change of heart: We decided that want we to live in Canada. So, we've discussed applying for common-law because we meet the requirements, hence all of my previous questions, or, getting married in Canada when I fly up in September then applying through the Inland process, which brings me to question: If we decide to go about it via Inland application, would they be suspicious of our intent, even with all of the proof that our relationship is genuine? Also, what are some other reasons they would deny our Inland application?

I thank everyone for all of their previous responses and responses yet to come. They have been a BIG help.

 

[awor]

I wouldn't bother doing it inland just because it takes so long and there's no appeals allowed. You can use the outland application process even if you are in Canada. I know that doesn't directly answer your question but wanted to offer that idea.

 

[CharlieD10]

Please consider carefully before applying Inland. As mentioned before, you have NO recourse to appeal in the event the application is denied, you would possibly have to leave Canada and start over Outland. Second, by the time you received AIP (approval in principle) for an Inland application, you could already be landed as a PR going via the Outland route for a couple months at least. Third, there is the financial aspect of things to consider: as a visitor, you would have to pay for healthcare and manage your household expenses on a single income for longer than necessary if you went via the Outland route.

That being said, Inland applications may be denied for the same reasons Outland applications are denied: relationships of convenience, designed only to facilitate the entry of the applicant into Canada. Applications may also be denied if the applicant leaves Canada and for some reason is denied re-entry, because then the application is considered abandoned. It is an unlikely but not impossible scenario for you as an American, but that is why Inland applicants are advised not to leave Canada during the processing of the application. Are you prepared to remain in Canada for at least 18 months without leaving?

 

[Love_Young]

I would just like to state that yes there is a high likely hood that if they apply Outland they will be finished long before hand of Inland but it is also, a possibility that they would finish around the same time. You never know. After all, Buffalo is very backed up right now and on occasion they do take around 10-11 months to finish. They should be made aware that this is an option for them but also we should respect that they may have other reasons for Inland. I too am a fellow American whom applied Inland and encountered no problems. And I have no regrets with going this route but again this is based on my own personal circumstances. I say that if they were to put together an application very well (so no risk of an appeal), have no need to travel to the US for perhaps 10-12 months, and can financially afford it, then inland is still a good option.

It should also be known that yes, inland applications can take upwards of 18 months on average to be completely finished but lately they are processing both the AIP and PR stage at the same time. All in all, as you may notice in my signature, I was completely finished with everything and a landed immigrant in 10 months and 16 days. Not too bad for Inland, eh? It should be known that there are good and bad aspects to both Outland and Inland. We can continue to try to advise other people what might be the best route but in the end OP you need to go based on your circumstances. I was continually suggested as an American to not apply Inland but in hubby and I's situation, it was the greatest choice we made. Perhaps if you could give us a bit more information about your personal situation (of course you don't have to give too much) and your reason for applying Inland, we maybe able to better recommend to you whether Inland or Outland is right for you.

 

[canadianwoman]

It sounds, though, like he thinks he has to apply inland if he is staying in Canada. He should be aware that even if he is in Canada visiting his wife, he can still apply outland. And that a US citizen can 'visit' for up to 6 months, and then apply to extend that visit.

If you are planning to apply common-law, you should do it as soon as possible. There is some debate about how long a couple can be living apart and still be considered common-law. I believe up to a year apart is possible, especially with an immigration barrier (so include proof she couldn't extend her US visa), but you don't want any delays while a visa officer tries to decide how much time apart is allowed, or have to appeal because the VO applied the wrong set of rules.

 

[Dan284]

Everyone this has been very helpful. Someone suggested that I elaborate more on our situation. I would be happy to do so if it leads to more insightful advice.

Our reason for doing Inland instead is this: I would be able to apply for a work permit and obtain a job while we wait instead of going back and forth or applying for an extension while I visit. Plus, she and I just want to be together and with the option of the Inland application, we would be granted that wish. Again, I believe we have enough information to prove our relationship is genuine. So, we thought that while Im up there why not get married and then apply for the Inland so we can be together. I have no qualms about remaining in Canada for 18 months. I LOVE CANADA! Now, my next concern is how long does it take to get the marriage certificate so we can apply Inland? Truly, I believe that either option will work for us, but we would like to be together. And I would like to apply for a work permit so that I may get a job during the process. I hope this addition assists any and everyone who is willing to offer any guidance. I thank you all again for your time.


-Dan

 

[lovely20]

Everyone this has been very helpful. Someone suggested that I elaborate more on our situation. I would be happy to do so if it leads to more insightful advice.

Our reason for doing Inland instead is this: I would be able to apply for a work permit and obtain a job while we wait instead of going back and forth or applying for an extension while I visit. Plus, she and I just want to be together and with the option of the Inland application, we would be granted that wish. Again, I believe we have enough information to prove our relationship is genuine. So, we thought that while Im up there why not get married and then apply for the Inland so we can be together. I have no qualms about remaining in Canada for 18 months. I LOVE CANADA! Now, my next concern is how long does it take to get the marriage certificate so we can apply Inland? Truly, I believe that either option will work for us, but we would like to be together. And I would like to apply for a work permit so that I may get a job during the process. I hope this addition assists any and everyone who is willing to offer any guidance. I thank you all again for your time.


-Dan

Well Dan in our case, we have the same reason too. We could have applied outland but decided against it as we want to be together and will be tough if he needs to fly back home just in case they call him for an interview. I have no regrets doing an Inland application. As you can see in our timeline, my husband will be landing on June 23. The entire procedure only took 10 months and 7 days for us. I think they are speeding things up with inland application. Hubby and I just met 4 months before we got married and we were never called for an interview.

 

[Dan284]

So, it sounds like the Inland would be as safe a bet as Outland. Ok. I have a question for you? How long did it take for your Marriage certificate to come? Also, does she need to make a certain amount of income for us to be considered or does that not matter? And finally, would I be able to apply for a work permit if we went the Inland route? Thanks Lovely_20.

 

[lovely20]

So, it sounds like the Inland would be as safe a bet as Outland. Ok. I have a question for you? How long did it take for your Marriage certificate to come? Also, does she need to make a certain amount of income for us to be considered or does that not matter? And finally, would I be able to apply for a work permit if we went the Inland route? Thanks Lovely_20.

As long as your relationship is genuine it will be safe both ways. As I have mentioned we live in the same town (hubby is staying in Canada on a working permit), met March 2010 and got married July 2010. For spousal sponsorship, you will not be denied just because she is not making a lot of money. There is no low income cut-off for spousal sponsorship but I think she should be able to convince the immigration officer that she can support you or you guys made plans on how to support your financial needs once you are granted PR.

We got married in Alberta. The day after the wedding, our marriage commissioner submitted it to the registry and we were able to request for a copy 2 days after. It was mailed from Edmonton (marriage certificate) and we received it 10 days after our wedding. You just have to tell your marriage commissioner that you need it ASAP.

 

[Love_Young]

Everyone this has been very helpful. Someone suggested that I elaborate more on our situation. I would be happy to do so if it leads to more insightful advice.

Our reason for doing Inland instead is this: I would be able to apply for a work permit and obtain a job while we wait instead of going back and forth or applying for an extension while I visit. Plus, she and I just want to be together and with the option of the Inland application, we would be granted that wish. Again, I believe we have enough information to prove our relationship is genuine. So, we thought that while Im up there why not get married and then apply for the Inland so we can be together. I have no qualms about remaining in Canada for 18 months. I LOVE CANADA! Now, my next concern is how long does it take to get the marriage certificate so we can apply Inland? Truly, I believe that either option will work for us, but we would like to be together. And I would like to apply for a work permit so that I may get a job during the process. I hope this addition assists any and everyone who is willing to offer any guidance. I thank you all again for your time.


-Dan

Hello Dan,

First of all, thanks for elaborating more. It truly helps. Secondly, yes you can get a work permit Inland but you do not get to work during the process. You only get the work permit issued after 9 1/2 -10 months after they received your application and are approved AIP (which means both sponsor and applicant met basic eligibility requirements). However, if you do want to work during the process you could always get a regular work permit but this would require getting an LMO with an employer in Canada and this can be hard to come by. And you can be together while applying Outland, just be sure to apply for extensions of your visitor status during the process if it is about to expire. Also, no income does not play a major factor in the determination of the sponsor being approval but you cannot be bankrupt or receiving social assistance other than disability. And yes, if you apply inland you can apply for an OWP and include it with your PR application before your visitor status expires and you will remain in valid "implied status" during the rest of the process during your stay. If you aren't sure what implied status is, I can explain that later. However, your most important thing if you are wanting to ever extend your stay whether that be by applying for the OWP with the inland application or just your standard visitor application, is to have documented proof of your admission to Canada as most Americans don't even receive a stamp. I will provide a link for tips as to how to go about this in the best way.

In my opinion, Outland would be the better option but as stated both do have their ups and downs.
Here is the link to explaining how to have proof of your admission to Canada and crossing with more ease: http://www.us2canada.com/visitor_record.html
Good luck!

 

[Dan284]

Thank you for this, I really appreciate it. Couple more questions if you don't mind. First, if we do go through the Outland process could we still get married when I visit her in Canada? Is it true that if we have established our common-law status can we still apply if we have been apart for 5 months and counting? I heard that as long as you apply before you reach 12 months of separation you are still considered common-law. We have the proof that we have been living together for three years under the same roof.

 

[Love_Young]

You're welcome. My suggestion would be that if your intentions are to get married then I suggest just going ahead and marrying before you apply. However, when you cross the border, if you have proof of being common-law then it could help ease the crossing to go to Canada and get married. Of course don't voluntarily supply it unless asked for it though. Common-law can be a tough category if you don't go about it the right way or have all the proofs they are looking for. Usually they recommend that if you intend to marry that you do so before applying as people in a Common Law relationship feel and live as if they are already married and don't intend to marry. However, you could always apply as common-law initially then marry while it is processing. Being sure that you provide proof of your marriage certificate to CIC during processing and ask that they continue to process your application as spousal instead.

 

[Dan284]

THANK YOU FOR THIS! Can we still apply as common-law if we have been living apart for more the 5 months? And would she have to make a certain amount in order to sponsor me?

 

[Love_Young]

THANK YOU FOR THIS! Can we still apply as common-law if we have been living apart for more the 5 months? And would she have to make a certain amount in order to sponsor me?

You're very welcome! ;D
I want to help on the first question but I am not certain as I didn't apply common-law (almost did though). I believe if you have already established common-law status for over a year (lived together continuously for 1 year) that it is okay to have short absences but not sure about 5 months. Maybe post a thread about this particular thing so more common law applicants can share their input? And I would suggest sending a private message to both RobsLuv and rjessome. They could help you with that.

And no, she does not have to make a certain amount of money to be able to sponsor you. She just can't be bankrupt or receiving social assistance other than disability. They do still check to make sure that once you are a PR that you will be able to establish yourself but usually they aren't too concerned with that or even ask for proof.

 

[Dan284]

I ask because we are worried that they may deny us common-law because we have been apart for almost 5 months now. Also, I still have to wait for my police certificate which takes 6-8 weeks. We just want things to go as smooth as possible.