Is it possible for PA to move in to Canada during the outland application is processing

[iamconfusion]

Hi everyone,

I would like some insight into whether my American wife can move to Canada a few months into the outland application processing. Do we have to disclose this afterwards when she moves?

I recently sent in the application. On 5532e, I disclosed that my wife will be moving-in in early 2020 as she still has work obligation. Would this be a problem? We are hoping that her application is done before the 6 months on the visitor visa is over but she will go back to the States if it's not done by then. If this is not possible, is it possible to withdraw the application and resubmit saying she will wait in the States until the processing is done (which we will do as we didn't know it was not allowed)? (The FEDEX tracker says it was received yesterday).

Also, if this is possible, do you have any suggestions on what to tell the airport agents when she moves in?

Thank you so much!

 

[iamconfusion]

Knowing my luck, I just found relevant threads that says she can visit but not move move.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/outland-sponsorship-application-sent-can-i-move-before-im-approved.474462/

Now knowing this, how should I go about updating the 5532e to clarify that she will only be visiting and not cut all ties in the States (financially) and move?

 

[zardoz]

Knowing my luck, I just found relevant threads that says she can visit but not move move.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/outland-sponsorship-application-sent-can-i-move-before-im-approved.474462/

Now knowing this, how should I go about updating the 5532e to clarify that she will only be visiting and not cut all ties in the States (financially) and move?

You don't need to update the information to cover this. Entry is decided by CBSA at the Port of Entry on an individual basis. As it's an outland application, being refused entry is not going to compromise the application. IRCC will not reject the application on the strength of the Ill considered comment.

 

[iamconfusion]

You don't need to update the information to cover this. Entry is decided by CBSA at the Port of Entry on an individual basis. As it's an outland application, being refused entry is not going to compromise the application. IRCC will not reject the application on the strength of the Ill considered comment.

Thank you so much! Basically, IRCC will just say good luck with that and proceed with her application? This isn't something that will put a 5-year ban or anything like that? Maybe I'm just too paranoid haha. We dated for 5+ years married for a month and we went through the application a lot of times to make sure we didn't mess anything up due to reading up on horror stories of people accidentally putting wrong info. Just occurred to me today that maybe I shouldn't have said that...

 

[Hurlabrick]

Thank you so much! Basically, IRCC will just say good luck with that and proceed with her application? This isn't something that will put a 5-year ban or anything like that? Maybe I'm just too paranoid haha. We dated for 5+ years married for a month and we went through the application a lot of times to make sure we didn't mess anything up due to reading up on horror stories of people accidentally putting wrong info. Just occurred to me today that maybe I shouldn't have said that...

Breathe and relax - you are adding 2 and 2 and coming up with 123!

Have a read about 'dual intent' here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

As already said, she cannot 'move' but she can 'visit' and stay until the application is approved as a visitor (of course as such, she cannot work in Canada, is not entitled to healthcare and cannot bring more with her than one would expect a visitor to bring). Many people come in under dual intent, it is pretty common, especially from visa exempt countries. Once approved, she can return to the US, 'sell up' and bring all the worldly goods back with her to both activate the CoPR (i.e. land as PR) and at the same time (or a later date if you prefer) 'land as settler' and have all her goods declared and cleared by CBSA etc.

 

[zardoz]

Thank you so much! Basically, IRCC will just say good luck with that and proceed with her application? This isn't something that will put a 5-year ban or anything like that? Maybe I'm just too paranoid haha. We dated for 5+ years married for a month and we went through the application a lot of times to make sure we didn't mess anything up due to reading up on horror stories of people accidentally putting wrong info. Just occurred to me today that maybe I shouldn't have said that...

You're fine. Just relax and enjoy life.

 

[PandavN]

So whats the difference between above situation and having a spouse coming in Canada as visitor(dual-intent) and then apply inland for PR+OWP ?

 

[k.h.p.]

So whats the difference between above situation and having a spouse coming in Canada as visitor(dual-intent) and then apply inland for PR+OWP ?

Basically, applying inland is a slightly different process than applying outland.

Some small differences exist:

- People who apply inland are eligible for OWP. Outland applications are not.
- People who apply inland have biometrics waived.
- People who apply inland shouldn't leave Canada (for a long stretch) during the processing time. People who apply outland shouldn't move to Canada during the processing time.

US citizens have some flexibility with this as they are visa exempt. A person who comes to Canada as a visitor cannot really "move" to Canada under dual-intent. Nor can an outland applicant.

 

[PandavN]

Basically, applying inland is a slightly different process than applying outland.

Some small differences exist:

- People who apply inland are eligible for OWP. Outland applications are not.
- People who apply inland have biometrics waived.
- People who apply inland shouldn't leave Canada (for a long stretch) during the processing time. People who apply outland shouldn't move to Canada during the processing time.

US citizens have some flexibility with this as they are visa exempt. A person who comes to Canada as a visitor cannot really "move" to Canada under dual-intent. Nor can an outland applicant.

Thanks good info there!

Can you shine more light on below , As my american spouse have already made the move to Canada and we switched over the licence to ON, opened joint accounts, added on Car insurance policy, Work Benifits etc.. and i have just submitted my documents under PR+OWP.

US citizens have some flexibility with this as they are visa exempt. A person who comes to Canada as a visitor cannot really "move" to Canada under dual-intent.

 

[iamconfusion]

Thanks Everyone! My wife have been telling me to do the same haha but wanted to be sure!

 

[k.h.p.]

Thanks good info there!

Can you shine more light on below , As my american spouse have already made the move to Canada and we switched over the licence to ON, opened joint accounts, added on Car insurance policy, Work Benifits etc.. and i have just submitted my documents under PR+OWP.

US citizens have some flexibility with this as they are visa exempt. A person who comes to Canada as a visitor cannot really "move" to Canada under dual-intent.

I don't know what your question is.

 

[PandavN]

I don't know what your question is.

Can she legally live in Canada while waiting on application process?

 

[k.h.p.]

Can she legally live in Canada while waiting on application process?

She is not supposed to "move" to Canada but provided she has valid status as a visitor, she may remain.

However, since you have applied inland (the only way you can apply for an OWP), once she gets an OWP she has status until the end of the OWP - typically two years. Your PR application should be resolved by then.