Leaving Canada Temporarily during Inland Application

[hotairballoon]

Hi everyone,

I'm currently living in Canada (my common-law partner is coming in June) and once she is here we will apply for my sponsorship of her application inland (because then she will eligible to receive an OWP). However, we will both going back to South Korea for four months from September - December 2016 and then returning to Canada. Could this affect our application? Under normal circumstances as she is a Korean citizen she would receive a tourist visa on arrival but I just want to make sure it's okay if we leave during this time.

 

[Ponga]

It is a requirement for an Inland applicant (and sponsor) to `live' (reside/visit, in the eyes of CBSA) in Canada for the duration of the process. Leaving for 4 months could certainly be a problem, as she would be in breech of that condition; you both would.

She should submit an Outland application now, if you have met the condition of at least one year of cohabiting (anywhere in the world).

Since she is not in Canada, how long have you been apart?

 

[hotairballoon]

We've been apart a little over a month, I just came back from Korea in March. We've cohabited for over a year (one year in Korea, 8 months previously in Canada) but I've read that if we apply Outland she isn't eligible to apply for an open work permit. Is this correct?

 

[Ponga]

That is correct, but a 4 month leave from Canada is extremely risky, especially now that CBSA is tracking those exiting Canada. All it takes is for CBSA and CIC to make the connection that an Inland applicant has been out of Canada for 4 months.

 

[hotairballoon]

I see. Comparing our options (applying for Outland now versus Inland when my partner and I return for good in January 2017) which do you think is the better option for living comfortably and working? If we apply outland she won't be able to get an OWP but if we wait to apply Inland I don't know if the OWP-Inland sponsorship trial program will still be running.

 

[Ponga]

I'm almost certain that the Seoul VO will be substantially faster than the Inland office (Mississauga), even though she would qualify for the OWP. If you apply now, you might even have the COPR document (that she'd need to land) before the end of the year.

Look for an Outland Seoul thread in this forum.

In the meantime, this thread may be helpful:
http://www.canadavisa.com/canada-immigration-discussion-board/sponsoring-my-korean-wife-for-permanent-residency-t137874.2715.html

 

[Rob_TO]

I see. Comparing our options (applying for Outland now versus Inland when my partner and I return for good in January 2017) which do you think is the better option for living comfortably and working? If we apply outland she won't be able to get an OWP but if we wait to apply Inland I don't know if the OWP-Inland sponsorship trial program will still be running.

Definitely apply outland now. If you wait until January 2017 to apply inland, she won't even get the OWP until 4 months later so that will be in April 2017 (then another 1.5 years until she gets PR). Apply immediately outland, and there's a good chance her entire PR will be approved and done by that time.

I'm almost certain that the Seoul VO will be substantially faster than the Inland office (Mississauga), even though she would qualify for the OWP. If you apply now, you might even have the COPR document (that she'd need to land) before the end of the year.

There's no more Seoul visa office, it shut down several years ago. So all Korean outland apps are now done in Manila.

You are right though it will still be way faster than inland. Many recent Korean applicants have gotten their PR in well under 1 year.

 

[canadianwoman]

I agree with the others. Apply outland. She would probably have her PR by the outland route faster than she would get OWP by the inland route, since you will have to wait until she is here in Canada to apply inland.

In addition, since you want to travel, inland is not a good option. 4 months outside of Canada is really not advised, plus there is the problem that the border agents might not let her back in, in which case her inland application is over.

 

[Ponga]

There's no more Seoul visa office, it shut down several years ago. So all Korean outland apps are now done in Manila.

Thanks for the info.

 

[hotairballoon]

Many thanks for these great replies, we will go for applying outland.

The only error I made already is not getting our statutory declaration of common-law union made before I came back to Canada. We will have to wait to submit the application until we are in the same place to sign this declaration, is that correct? I wonder if it's possible to validate such a thing over skype.

 

[hotairballoon]

ah okay, from what I see it looks like the stat dec of common-law union is only if my partner is a cosigner, which she is not seeing as she is the principal applicant. Did I understand that correctly?

Also it seems like we can apply for her PR outland while still using a Canadian address during this time. Is that right?

 

[Rob_TO]

ah okay, from what I see it looks like the stat dec of common-law union is only if my partner is a cosigner, which she is not seeing as she is the principal applicant. Did I understand that correctly?

Right, that doc is not required.

Once in a while the visa office will ask for it (even though it's not required), but I would just send in without it and worry about it if they ask later.

Also it seems like we can apply for her PR outland while still using a Canadian address during this time. Is that right?

Right, no need to have a Korean address anywhere in the app.

Just make sure to keep extending her visitor status as it comes due.