outland applications from inside canada. experiences?

[amouresansfrontieres]

Hi

i am coming to Canada to be married in the new year and applying for permanent residence under the spousal visa application. I am currently living and working in the UK and have a UK passport. inland processing for permanent residence is 27 months, outland 12 months. timewise then outland looks much better and in general the majority of the advice favours that option. being apart is not an option though. we have been unable to be together for over a year. she was been refused entry to the UK on a visit. immigration did not believe she would be leaving. it really messed things up for us. the UK is locked up for our immigration purposes which is why i am leaving everything behind to be with my partner.

What are your experiences of applying outland from within Canada? the downside i understand is that applicant can be called into an interview in the country of application, in this case the UK. the relatively short time makes it appealing but i would not beable to get a work permit in Canada until the whole application goes through. currently with outland the work permit can come through in 4 months. is this right?

i intend to stay in canada on a tourist visa. this entitles me to a 6 month stay. what happens to the my status during the application? with outland i believe i have conditional residency during the application which means i don't need to leave, indeed, cannot leave during the application procedure. if i do need to leave after 6 months and come back in across the border to extend the tourist visa i am reading that this is a red flag for any immigration officer. understandable.

crossing borders is difficult. i understand the sensible way is to stay in the uk and apply through the UK but we need to be together and it is not an option to be in the UK. we have enough money to make it work but not indefinitely. frankly, i'm terrified. so many things can go wrong.

kind regards and many thanks in advance for your thoughts on this. peace and good luck with your applications.

 

[CDNPR2014]

first thing to know is the times listed on the cic website for outland processing are NOT averages, and do not reflect what actual applicants face. The time posted online suggests 80% of applications are processed WITHIN 12 months. This means a majority of applicants are actually processed in less time than what is posted. i believe the London Visa Office is processing applications closer to 8-10 total time. Note, that some UK files are sent to ottawa to help with file overflow, and those applications get processed in less time. To see the specifics for london, go to the london specific thread. there is a comprehensive spreadsheet that tracks application progress.

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.21480.html

there are many people who apply outland and are in canada as a visitor while their application processes. you are correct that if an interview is called, it will most likely be in the UK and you will need to travel back there. interviews are very rare, and a majority of applicants are waived interviews - so this shouldn't be a reason to not apply outland through london. there is no open work permit for outland applicants. the work permit is specific to inland applicants only, and it is also not a reason for a visa exempt applicant from the UK to apply inland.

no, having a pr application does not give you "conditional residency" - regardless of if it's inland or outland. it is your responsibility to maintain your status while in canada waiting for your application to process. if you enter as a visitor, then you will need to apply to extend your stay as a visitor before your allowed visit ends and request an extension of stay on the cic website. PR applicants are rarely denied extensions, and it is common to receive 12+ months extensions of stay.

you can be in canada as a visitor or in the uk when you apply outland. outland has nothing to do with where you are physically, it has everything to do with where your citizenship is from.

to avoid risk at the border, you will want to be prepared with being able to show proof of ties to your home country. a return ticket is advised because it shows you plan to return to the uk at some point. other things that are good to have in case it is requested by cbsa: proof of employment, proof of housing, proof of PR application.

 

[amouresansfrontieres]

thank you.

i did understand that even to enter as a tourist you would need proof of a return flight and proof of funds but some of this information is new.

The safest way to extend a tourist visa then is to apply for an extension rather than cross the border? the problem i have in understanding what they want is that with a tourist visa you are required to have a return flight, proof of ties in your country of permanent residency, proof of funds to stay in canada, basically, proof that you can fund yourself but do not intend to stay permanently. my reason for extending the visa though is to allow for the length of time it takes for the spousal visa to be processed and so it is for the reverse reason. Do i then provide them with the documents that prove i am married, am applying for permanent residency, etc?

my sole interest here is to be as honest as possible with all the authorities. we are in a genuine relationship but i don't want to crash the process by presenting information that will hinder the overall application process.

 

[CDNPR2014]

yes, it is much better to apply for an extension to do a border run. it is more likely to be denied entry at the border, than to be denied an extension of stay as a pr applicant.

CBSA and CIC are separate entities, therefore their threshold for proofs are different. CBSA is concerned about whether you are doing what you say you are doing when you try to enter. Meaning - they want to see proof that you are a legit visitor, if that is what you say you are when entering. CIC is not so concerned about your ties to your home country, as they are concerned about the reasoning for extending your say and whether you can support yourself during that time. it is perfectly acceptable to say "i am requesting an extension so I can be here while our pr application is processing. here is proof we have applied and here is proof i am financially supported while here". It is recommended to ask for 12+ months. PR applicants are rarely denied extensions of stay by CIC.

 

[amouresansfrontieres]

thank you. you are very kind to have taken the time to answer. that is very reassuring. i am having a breakdown dealing with all the variables. the biggest variable is the immigration officer at the border and their discretionary powers. i need some certainty so that i can plan ahead, present the right information at the right time and get on with our lives together without fear that we will be kept apart again. my partner was refused entry at the uk border, interrogated for 6 hours then put in a cell overnight before being sent back to the country she flew in from. the controversially high financial requirements to get a spousal visa in the uk, which is being fought in the supreme courts, make it impossible for us to be in the uk on my income. this is why i decided to leave and join her in canada. crossing borders is as a consequence very stressful for both of us and brings back unpleasant memories of a terrible time in our lives together. or apart as the case may be.