Outland Application while Inland (America)

[corrheag]

I am a Canadian citizen currently living in New York. My spouse is American. I would like to do an outland application. In the IMM 5533 document checklist and under the Class of Application section, the following box can be checked:

"I am currently living in Canada and I am applying under the Family Class (not under the Spouse or Common-Law Partner in Canada Class). I understand that I may be invoked to attend an interview at the visa office outside Canada."

We would like to submit the application in July and will be in Canada permanently by December. I do have a primary Canadian address though I am not physically there yet. Is it possible that selecting this box could be problematic since I am not in Canada immediately at the time of the application?

Thanks in advance

 

[k.h.p.]

Simple. If you're not living in Canada when you apply, don't select the box that says you're living in Canada. Doing otherwise risks problems, especially when you have to give address history, since you won't be in Canada yet.

 

[corrheag]

Simple. If you're not living in Canada when you apply, don't select the box that says you're living in Canada. Doing otherwise risks problems, especially when you have to give address history since you won't be in Canada yet.

Thanks for that. I guess my concern is whether or not it could be problematic when he tries to come to Canada in December since it will be on file that his file is processing.

Cheers,

 

[k.h.p.]

That's always going to be a risk, but it will be lower risk with him as American. A bigger risk is saying you are in Canada when you are not.

 

[Hurlabrick]

Thanks for that. I guess my concern is whether or not it could be problematic when he tries to come to Canada in December since it will be on file that his file is processing.

Cheers,

It is called 'dual intent', unofficial reading with official links here:

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

Trick is to be able to demonstrate ongoing ties still back to the US and definitely DO NOT try to move with all your belongings, you have to be seen as 'visiting' - and of course as a visitor, cannot work in Canada.