Need you advise - INLAND PR . Please help

[eagle]

Hello All

I came to Canada as an International student in 2002.
Graduated in June 2007 and got a 3 year work permit (EXPIRES SEPT 2010) and started working for a firm (still working here at the same place)
Initially my intentions were to get the 3 year work experience and go back to my home county - so i never applied for immigration.
Since last year and a half, I have been in a serious relationship and we are getting married on 26th feb 2010
So things have changed for me, I really want to seek your help in gathering info about
- what forms do i need to fill out to apply for PR as my wife-to-be is a Canadian citizen and we both live in Toronto
- My work permit expires in Sept 2010, i would like to keep working for my current employer - what would i need to do to get my work permit extended while my PR is in process?
- Anything else or any other advise that will come in handy?

I will be very thankful for your advise.

 

[BlueDragon17846]

First, congrats on your wedding and welcome to the forum!

After your wedding, you will have your wife sponsor you as a spouse. You can apply two ways, either under the in-Canada class (inland) or out of Canada class (outland). Typically the outland application is much faster processing, so its recommended. To read up on what to do, check the link from CIC (Citizenship and Immigration Canada):

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

You can download all the forms from the website. As for your work permit, you'll want to read up on extending this here:

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Again, all the forms are on the link.

As for when to apply for either one, I know that when you apply inland, you may also send in an application to extend your work permit or visitor record (that is what we did). For outland, you might have to send in the work permit separately. I'm not sure. Also, I'm not sure how likely they are to approve work permit or visitor extensions with outland apps. Perhaps another member of the board can answer that one.

Best wishes to you!

 

[eagle]

Thanks for your prompt response.
I will see to it that these forms are ready to go soon after our marriage.

Since I want to stay put in Canada and continue working for the same employer I guess I will have to go with Inland.

Just a few more questions that pop up
-How long does the whole procedure typically take?
-Under this condition (Spouse sponsoring me -Inland) do they usually extend work permit or is it a pain?
-Will I have to leave Canada at anytime ?

Thanks a ton once again

 

[BlueDragon17846]

Since I want to stay put in Canada and continue working for the same employer I guess I will have to go with Inland.

You don't necessarily have to apply inland just because you are in Canada. I know that is commonly a misconception. You also have the option of applying outland. Whatever way you go is up to you, but make sure you weigh your options before applying. There seem to be more positives for applying outland, which I can try to illustrate in the answers to your questions

-How long does the whole procedure typically take?

outland - there are two stages; initially you send your app to Mississauga, where your wife's sponsorship will get processed. The times vary, but right now it takes about a month (check here for current times http://www.cic.gc.ca/english/information/times/canada/process-in.asp) to get processed, then it gets sent to your home country, where it is further processed. Times may vary depending on where you are from. Take a look here:
http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp All in all, I would say most people get these in about 6-10 months, if even that, depending on your app, where it gets processed, etc.

Inland - this one gets sent to vegreville, along with your request to extend the work permit. Right now it takes 6 months just to get a first stage approval on this one (http://www.cic.gc.ca/english/information/times/canada/process-in.asp), then it might get sent to a local centre for further processing. All in all, for these, they take about a year to approve. You might get it in as little as 10 months. You might have to wait 18 months or more.

-Under this condition (Spouse sponsoring me - Inland) do they usually extend work permit or is it a pain?

My husband and I applied inland last december and put in to have my visitor visa extended. I can't speak much from experience other than that, given that right now I am on implied status until they make a decision. My bet is that if you are applying inland, because you are more or less required to stay in Canada for that option (see answer to question below), it is likely they will grant you an extension, but absolutely no promises there. Also, I am speaking more from the experience of applying for a visitor extension and not a work one, so you might want to get another opinion on that. Personally, I would try to extend your work permit for reasons other than just staying in Canada to wait out the PR. For instance, any new projects at work that they want you around for? etc. With the way they seem to fly through the outland apps, though, if you apply outland, maybe you could get your PR before you even have to extend your work permit. Far cry, but a possibility. Anyway, try to get another opinion on this one.

To be honest, the whole process is a pain, no matter which way you go, simply because there is no real way to tell how long exactly it will take, if it will be approved, etc. But I've found these forums are also great in providing emotional support during this process, as well as advice.

-Will I have to leave Canada at anytime?

If you apply inland, and you leave Canada, not only do they not have to let you back in, but you risk having your application thrown out entirely. So if you expect to travel, or visit family, etc, I would strongly recommend an outland app. With an outland app, you may also not be let back in, but your app will continue to be processed for PR. Also with outland, you have the right to appeal the app. Inland, you don't have that right. Another couple reasons why outland is better.

 

[RobsLuv]

Visitor "status" and extension of that is an entirely different situation because a lot of times people (especially from visa-exempt countries) think they have valid visitor status just because they were admitted to Canada - but the problem is, when you apply inland, you have to be able to prove that. You have to have documentation from Immigration Canada of your temporary status. So, whether applying inland is beneficial or not depends on a couple of things - what country someone is from (visa-exempt or non-visa-exempt) and what type of temporary status they have in Canada when they apply.

You are in Canada with an established work permit (that is not due to expire at about the same time you plan to marry, which might "red flag" you as someone who married just to be able to stay in Canada). If you apply outland (which you could still do, even while remaining in Canada) you wouldn't be able to extend your work permit. If you apply inland, you include the extension application WITH your inland PR ap and you are then authorized to continue working at the same job, for the same employer, even after your permit expires. After your application has passed the first stage of assessment (approximately 6 months after they receive your application) you will be issued an open work permit and that will allow you to either continue working for your current employer, or change jobs. The rest of the application process takes approximately 6-12 months to finalize, but I think it sounds like you're an ideal candidate for the inland process - especially if you are from a non-visa-exempt country. The inland process protects your current status - even after expiration - and allows you to continue to be in Canada under the conditions of your entry. You are not simply a "visitor" to Canada who may or may not have documented temporary status. Where people get really messed up applying via the inland process is when they believe it will give them status they don't already have - and that subjects them to delays in processing at a local CIC office that could cause them not to even pass the first stage of assessment for up to two years - leaving them in Canada without any status, yet unable to leave without forfeiting the inland application.

It is true - if you apply inland, you might not have the freedom to leave Canada and come back - but, again, that has a lot to do with the type of temporary status you already have. The complication with an inland application in that regard is that if you leave Canada and you are not allowed to re-enter, because your application is processing entirely within Canada, you lose it because you cannot attend your landing interview at the end if you're not in Canada. But if you already have temporary status that allows you to easily come and go, that will continue. The other drawback to the inland process is that there is no right of appeal - so if they didn't believe, for example, that you have a genuine relationship (that your relationship is not just about getting you status to stay in Canada) and they refuse the application, you'd have to leave Canada at the expiry of your work permit and start over again with an outland application. The key is to provide quality evidence of the development of your relationship and proof that you are indeed a genuine couple. Do not just assume that because you've married, you're automatically considered "genuine".

 

[BlueDragon17846]

Thanks, RobsLuv, for the clarification.

 

[eagle]

WOW
thanks for those amazing pointers guys.
I have no doubt in my mind that the Inland procedures is the way to go for me.
I do not care if it takes 12-14 months , I have a decent job, my employer is very supportive and are willing to provide any supporting documentation required. I just wish to continue working full time during the whole procedure.

I do come from a non via exempt county ..India, so I guess the the Inland way will work for me better.
I have read through the application forms you guys pointed out and there is nothing super complicated about them.

Please do advise if there is anything else that i need to look into - i just wanna makesure that I am not missing anything .

Thanks again

 

[cali4nia]

RobsLuv:

Very informative and thorough. Thanks! I am facing somewhat a similar situation which I would really appreciate your help with.

I am currently in Dubai, UAE and recently married my wife who is from the Philippines. We both have valid UAE resident permits and are in excellent standing with our employers. I'm planning to resign soon and head back to Montreal (for good) and we dont want to be separated (I want my wife to join me ASAP). What is the BEST way to do this? Can she apply for a TRV stating that she plans to visit her in-laws? Will an invitation letter from my parents help?

Thanks in advance!

Visitor "status" and extension of that is an entirely different situation because a lot of times people (especially from visa-exempt countries) think they have valid visitor status just because they were admitted to Canada - but the problem is, when you apply inland, you have to be able to prove that. You have to have documentation from Immigration Canada of your temporary status. So, whether applying inland is beneficial or not depends on a couple of things - what country someone is from (visa-exempt or non-visa-exempt) and what type of temporary status they have in Canada when they apply.

You are in Canada with an established work permit (that is not due to expire at about the same time you plan to marry, which might "red flag" you as someone who married just to be able to stay in Canada). If you apply outland (which you could still do, even while remaining in Canada) you wouldn't be able to extend your work permit. If you apply inland, you include formation/applications/visitor.asp]the extension application[] WITH your ic.gc.ca/english/information/applications/spouse.asp]inland PR ap[] and you are then authorized to continue working at the same job, for the same employer, even after your permit expires. After your application has passed the first stage of assessment (approximately 6 months after they receive your application) you will be issued an open work permit and that will allow you to either continue working for your current employer, or change jobs. The rest of the application process takes approximately 6-12 months to finalize, but I think it sounds like you're an ideal candidate for the inland process - especially if you are from a non-visa-exempt country. The inland process protects your current status - even after expiration - and allows you to continue to be in Canada under the conditions of your entry. You are not simply a "visitor" to Canada who may or may not have documented temporary status. Where people get really messed up applying via the inland process is when they believe it will give them status they don't already have - and that subjects them to delays in processing at a local CIC office that could cause them not to even pass the first stage of assessment for up to two years - leaving them in Canada without any status, yet unable to leave without forfeiting the inland application.

It is true - if you apply inland, you might not have the freedom to leave Canada and come back - but, again, that has a lot to do with the type of temporary status you already have. The complication with an inland application in that regard is that if you leave Canada and you are not allowed to re-enter, because your application is processing entirely within Canada, you lose it because you cannot attend your landing interview at the end if you're not in Canada. But if you already have temporary status that allows you to easily come and go, that will continue. The other drawback to the inland process is that there is no right of appeal - so if they didn't believe, for example, that you have a genuine relationship (that your relationship is not just about getting you status to stay in Canada) and they refuse the application, you'd have to leave Canada at the expiry of your work permit and start over again with an outland application. The key is to provide quality evidence of the development of your relationship and proof that you are indeed a genuine couple. Do not just assume that because you've married, you're automatically considered "genuine".

 

[BlueDragon17846]

I know that you can apply to sponsor while you are living outside Canada. You just need to prove intent that you (and your spouse) will be returning to Canada soon (ie. letter of employment).

 

[chandu007]

Special thanks to RobsLuv. You have answered some of my questions too.