New Member with Inland Application Questions/Confusion

[jkhrvy]

I am an new member here and have just started to read some of the threads. I originally thought that I would need to get a lawyer to help sponsor my husband to come to Canada, but I am finding it very expensive. So Ive bee prepping our application. I am a Canadian citizen and my husband a Brazilian. We are going to apply inland (he is here on a tourist visa) as the process time in Brazil is over 18 months (we hope inland is faster) and we would eventuality like to apply for an open work visa for my husband.

I have some questions, that may be a little stupid, but every time I work our application I get confused about something new. I'm fin

#1: For the spousal questionnaire #5 - Are you in a common-law relationship --provide written and documentary evidence of your relationship, etc...
we were married in Brazil (dec 2012), but have been living together since dec 2010, so do i need to answer Yes or No. If not where do I include all the supporting documents to prove we are in a genuine relationship?

#2: Is it better to apply for the work permit the same time as we submit our application?

any help or advice is really appreciated and I'm really don't want to mess up or forget something important here

 

[bethfaint]

#1: I'm not sure

#2: YES!!!! do this.

Also, Inland is currently taking around 19 months to process. 11 months for first stage processing (you wont get a work permit until this is done) and up to 8 months for sceond stage processing, not including waiting for a landing appointment plus 65 days to mail out your PR card.

Thats all I know.

Someone might know the answer to number one better.

 

[QuebecOkie]

No, you are not in a common-law relationship. You are applying as a married couple, not as a common-law couple. On form IMM 5285, you are asked to provide the details of your relationship (number 12). This is where you can put information (using another sheet/sheets of paper) about the timeline of your relationship (when you met/started dating, when you started living together, when you first met each other's family/friends, details about traveling together, etc.). In our application, behind form IMM 5285, I included a document (had a running header of my name, and Form IMM5285, and page numbers) that told when we met, about the three international trips we've taken together (included a photo from each and our travel itineraries from the trips), when we first met each other's families (with a photo from each),, when and where we were married (with a photo) and then a statement about our dedication to each other through the challenges of him returning to Canada.

Agree with bethfaint that, if you know you want to apply for an OWP, that you submit it with your application.

 

[jkhrvy]

Thanks QuebecOkie and bethfaint. very helpful.

"Also, Inland is currently taking around 19 months to process. 11 months for first stage processing (you wont get a work permit until this is done) and up to 8 months for second stage processing, not including waiting for a landing appointment plus 65 days to mail out your PR card."

I didn't realize that the processing times were so long now.. last time I check it was around 6 months...

I think the answer is no, but best to check... can my husband apply for an open work permit if we apply through an outland application, but still live in canada (he has a visitor's visa until Jan 2014)?

 

[truesmile]

You are right, "no" you cannot. He could remain in Canada, but there is no OWP for outland applicants.

 

[QuebecOkie]

Thanks QuebecOkie and bethfaint. very helpful.

"Also, Inland is currently taking around 19 months to process. 11 months for first stage processing (you wont get a work permit until this is done) and up to 8 months for second stage processing, not including waiting for a landing appointment plus 65 days to mail out your PR card."

I didn't realize that the processing times were so long now.. last time I check it was around 6 months...

I think the answer is no, but best to check... can my husband apply for an open work permit if we apply through an outland application, but still live in canada (he has a visitor's visa until Jan 2014)?

As truesmile said, no OWP for outland applicants. Your husband *can* stay with you in Canada while an outland application is being processed, though. One major drawback to that (besides no option for OWP) is that if CIC requires an interview, he would have to travel back to Brazil for the interview. Currently, CIC states that 80% of the applications submitted through Sao Paulo are completed within 15 months. That's what we mean on here when we say, "the process is taking about x amount of time." It's not that applications are necessarily averaging that time. CIC doesn't report average processing times. They report how long it took for 80% of applications to be processed. Some go quite a bit faster, but obviously some (20%) take longer. Putting together a clear, well-organized application with good proof of the genuine and continuing nature of your relationship is VERY important. After that, all you can do is sit back, hope for the best, and be prepared for a long wait.

 

[bethfaint]

You are right, "no" you cannot. He could remain in Canada, but there is no OWP for outland applicants.

Yes, you can only get OWP by applying inland. He also can't leave the country if applying inland too. Outland he can come and go as a visitor but cannot work in Canada until his PR is complete.

It's a hard decision to make. There are lots of people on this forum who have made the same choice.