International student < PNP < PR < MARRIAGE?

[Radium]

Hi,
I’m living in Canada and I’m in process to get my permanent residence. After getting PR I’m planning to get married next year in my home country (India). I met my fiancé in Canada and at the moment we both live and work in different provinces. We both belong to the same country and we both came here as International students.
I filed my PR after getting provincial nomination however she hasn't filed anything yet and I want her to get PR after our marriage because getting PR through Provincial Nominee Program (PNP) is really a lengthy process and there are lots of employment restrictions like mandatory full time employment, continuous employment with the same employer, bonded work permit etc. Her post-grad work permit is valid until year 2015.
My questions are:
1) Next year for marriage we both will be in India, is it better to file PR from there or after coming back to Canada?
2) Does Inland filing takes a lot of time as compare to Outland filing? Which one is more appropriate and will suit better in my case?
3) My fiancé will still have open work permit when we return to Canada after marriage, what kind of work permit extension option is available to her if her work permit expires in 2015 and we don’t hear from CIC on her PR approval?
I’m sure there are many others like me who have gone through a similar situation. It would be really nice to hear your experiences. Please don’t hesitate to share your expertise. Any help would be greatly appreciated. Thank You.

 

[canuck_in_uk]

1. As a PR, you would have to be in Canada to file the application and stay in Canada throughout the entire process (except for a few short trips) no matter if you go outland or inland. Your wife could be in India or Canada if you go outland but must be in Canada if you go inland.

2. Inland takes 14 months and outland through New Delhi is at 11 months right now, though a lot of applications are finished before the 11 months.

You said you will be applying in 2014 and her permit expires in 2015. If her permit is expiring within a year or less of when you apply, an inland app will allow her to stay after her PGWP has expired. If you went outland, the app took longer than the normal processing time and her permit expired, she would have to leave Canada.

If you go outland and she is called for an interview, she would have to go back to India for it. Inland, the interview would be in Canada

3. When you go inland, you submit an OWP, open work permit, along with the PR app; once you get sponsorship approval after 6 months, she will have a valid open work permit. That means that she can live and work in Canada until a decision is made on the PR app. Outland doesn't have that option.

Because of those reasons and because the processing times are relatively similar, inland would seem the best option for you guys. The only thing is that your wife couldn't leave Canada at all during the 14 month processing.

 

[Radium]

1. As a PR, you would have to be in Canada to file the application and stay in Canada throughout the entire process (except for a few short trips) no matter if you go outland or inland. Your wife could be in India or Canada if you go outland but must be in Canada if you go inland.

2. Inland takes 14 months and outland through New Delhi is at 11 months right now, though a lot of applications are finished before the 11 months.

You said you will be applying in 2014 and her permit expires in 2015. If her permit is expiring within a year or less of when you apply, an inland app will allow her to stay after her PGWP has expired. If you went outland, the app took longer than the normal processing time and her permit expired, she would have to leave Canada.

If you go outland and she is called for an interview, she would have to go back to India for it. Inland, the interview would be in Canada

3. When you go inland, you submit an OWP, open work permit, along with the PR app; once you get sponsorship approval after 6 months, she will have a valid open work permit. That means that she can live and work in Canada until a decision is made on the PR app. Outland doesn't have that option.

Because of those reasons and because the processing times are relatively similar, inland would seem the best option for you guys. The only thing is that your wife couldn't leave Canada at all during the 14 month processing.

Thank You canuck_in_uk for the nicely explained response. After reading your post I think applying inland will be better than applying outland. Inland has just one downside that in case of rejection one can't appeal. But I think if the file is put forward strong including all marriage documents and things that prove it a genuine marriage then I believe there’s nothing left for rejection. At most, CIC will call us for an interview. Also, if the processing takes longer and the work permit expires my fiancé could apply for open work permit and don’t have to go back home country. Whereas Outland filing (with decision pending) will force her to leave Canada once the work permit expires and if she’s called for an interview she has to fly back home country with an advantage of appeal if our case is rejected.
I’ve heard different processing times; I want to know does it depend on how they judge one's case whether genuine or fake. OR is it standard processing time for every application? Can you tell me bit more about how the spouse PR application process is followed Inland?
-Radium

 

[Radium]

I guess canuck_in_uk have answered all your queries
I can just advice you its better to file outland because IF you get rejected then you can always appeal but filing inland, you cannot appeal.
and there is just 3months difference between the processing times of outland and inland. and if incase your fiancee's (that time your wife) permit expires and your case is still pending then it would just few months time she would be away from you.
If you want to file Inland then i would say make your case as strong as you can so that the VO cannot get any reason to refuse you .

rest its upto you. which way suits you better. goodluck

Thank You simb for the advice. I think inland filing gives much more advantage over outland filing since we both are in Canada. Like you said If the case is strong enough for VO to refuse, I believe it's a very good option. I would submit all the necessary docs that CIC require to process an authentic marriage. I've full faith in CIC, everyday they come across many fraud-marriages along with real-marriage cases but I'm sure they know how a real marriage case looks like.
-Radium

 

[canuck_in_uk]

Yes, my advice did hinge on having a strong case to present to CIC. If you have any doubts about that, than outland, with the option of appeal, is better.

There is no standard when it comes to processing applications. Citizenship, what proof of the relationship you give, travel histories, work histories, education, age differences etc, can all affect processing. Every application is treated differently because every individual is different.

For inland, start here http://www.cic.gc.ca/english/information/applications/spouse.asp

If you decide outland, start here http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Radium]

Thanks a lot mate for the suggestion. I just hope everything goes well and I'll try to file it inland.
-Radium

 

[AnaMaria]

If you apply outland and her work permit has expired in the process, she would not be able to continue working but she can apply for change of status. Until the decision is made she can stay as a visitor (or if the decision is positive, she can continue staying). If she can get a positive LMO, she can apply work permit. If you apply inland, she should not leave Canada even if she is on work permit.

Processing time will change. If I were you, I would keep both options open until very end.

 

[Radium]

If you apply outland and her work permit has expired in the process, she would not be able to continue working but she can apply for change of status. Until the decision is made she can stay as a visitor (or if the decision is positive, she can continue staying). If she can get a positive LMO, she can apply work permit. If you apply inland, she should not leave Canada even if she is on work permit.

Processing time will change. If I were you, I would keep both options open until very end.

Hi Ana Maria,
Thanks for responding. My fiancé and I are both living and working in Canada presently. She is working on open work permit, which is valid until June 2015 and I'm almost close of getting PR. If we file outland and her work permit expires between the PR process she has to remain out of work and remain as a visitor (a visitor has no right to work) till the time a decision is made.
Inland have an added advantage of extending open work permit even if there's delay in decision. Therefore she could continue working.
Also, if filed Outland and called for an interview she has to fly home country whereas in Inland the interview is done within Canada.
After comparing both inland and outland filing I find more positives of inland filing.