Input Needed: Out-land or In-land Spouse Sponsorship

[mega_option101]

Hello All,

I am in dire need of some input regarding my particular situation (sponsoring my spouse). All of your help will be greatly appreciated

I was wondering what would be the best route for us in terms of applying (Out-land vs In-land) given the following circumstances:

*I am a Canadian Citizen*

1) Spouse had a valid work permit (from Sep. 2014 to Sep. 2015) - left Canada in May 2015 to return to her home Country (Poland).
2) Spouse also has a valid 10 year visitor visa for the USA.
3) Married in Canada in Feb. 2015.
4) Our child was born in Poland on Aug. 2015 - Our child was granted Canadian Citizenship in Dec. 2015.
5) I have Temporary Residence Status in Poland valid until 2018.
6) We entered Canada in Jan. 2016 (Spouse and Child) - My spouse was granted a Visitor Visa (6 months).
7) I am currently working and supporting us all, while my spouse is taking care of our child at home.

The important thing is for us to remain together throughout this process (for ourselves and for our child). My Spouse does not have strong ties (based on things that I have read on these forums) to her home country (no employment at the moment due to the birth of our child after coming back from Canada, no property or assets), all of her family is in Poland though (except for a cousin and uncle in the USA), and due to our child - our savings have been fairly depleted (proof of financial support may be difficult to prove for long-term visitor visa extension). I do believe that if we applied as Out-land, we would have problems remaining in Canada and being granted visitor visa extensions to keep her status legal here within Canada (especially since they will know that we are applying for sponsorship - therefore, not planning on staying here temporarily). However, given that I am the sole income maker in our family unit, is there any consideration given to trying to keep us together here in Canada where I can work to support us?

With regards to the In-land option, if we apply for this before her Visitor Visa expires (Jul. 2016) - does this mean that she could remain here in Canada with "Implied Status" (as long as she remains here during the processing of our application)? Or would we need to do something else in order for her to keep her legal status here in Canada (such as also apply for a visitor visa extension regardless until a certain point in time in the application process)?

Given that CIC understands that the application process (from In-land) takes a long time - what are the implications for my spouse wanting to visit family (abroad) for a short vacation? (At what point in the process would this be viable? For how long could she be out of the country? What would be the implications for her returning to Canada and re-entering?)

[Please let me know if I am understanding this correctly]

I apologize in advance if my questions are unclear, all the help that we could get would be appreciated.

Please let me know if something is unclear or missing and I will do my very best to rectify this.

Kindly,

mega_option101

 

[MilesAway]

I would recommend you apply outland through Warsaw. It's a fast VO.

If you get the documents together and submit the application in the next month or so (if that's feasible), then you should already have stage 1 approval by the time you need to extend her visitor status. You should not have any problems extending her stay as a visitor with a PR application in progress.

 

[mega_option101]

I would recommend you apply outland through Warsaw. It's a fast VO.

If you get the documents together and submit the application in the next month or so (if that's feasible), then you should already have stage 1 approval by the time you need to extend her visitor status. You should not have any problems extending her stay as a visitor with a PR application in progress.

You believe that having completed stage 1 would benefit our visitor visa extension application? From what I understand they are two separate things (unrelated).

 

[MilesAway]

They are two separate processes, true. Many people here have applied for extensions in order to become common-law, or to remain in Canada while their PR applications are in process.
If you have completed stage 1, it shows CIC that you are serious about the process and you want to do it properly. Given the length of time it takes for CIC to respond, you might even be done stage 2 by then. Warsaw is pretty fast.

 

[mega_option101]

They are two separate processes, true. Many people here have applied for extensions in order to become common-law, or to remain in Canada while their PR applications are in process.
If you have completed stage 1, it shows CIC that you are serious about the process and you want to do it properly. Given the length of time it takes for CIC to respond, you might even be done stage 2 by then. Warsaw is pretty fast.

Thank you for taking the time to respond to me

The only concern I have at this moment is proceeding with an outland application and then getting the extension refused based on the grounds that we are undertaking a PR application and then being forced to separate (including being separated from my child).

 

[Aquakitty]

Thank you for taking the time to respond to me

The only concern I have at this moment is proceeding with an outland application and then getting the extension refused based on the grounds that we are undertaking a PR application and then being forced to separate (including being separated from my child).

Warsaw seems to take as short as 5 months to 9 months based on last year's spreadsheet. So, if you apply asap you might have her PR before the visitor extension decision even comes.
If she is refused a status extension (which is probably unlikely if you follow advice here) she can apply for a restoration of status which takes several months in and of itself.

Just make sure to apply for the extension a month before her status expires.

 

[mega_option101]

Warsaw seems to take as short as 5 months to 9 months based on last year's spreadsheet. So, if you apply asap you might have her PR before the visitor extension decision even comes.
If she is refused a status extension (which is probably unlikely if you follow advice here) she can apply for a restoration of status which takes several months in and of itself.

Just make sure to apply for the extension a month before her status expires.

Would you be so kind as to explain to me how the restoration of status process works?

Thank you kindly for your response

 

[mega_option101]

If we are applying from within Québec, does this change anything with regards to your recommendations?