Outland or Inland?

[Pollen]

Now that there is the new work visa pilot we're considering in land. Outland processing times are only 5 months less than inland for a US citizen coming to Canada for spousal sponsorship when being processed through Ottawa (15 months) as LA is currently at 32 months and NY doesn't even have an estimate plus the 3 months to do the initial sponsor check. With inland we're looking at 17 months initial sponsor check and 8 months processing after. You can understand why this new program would be tempting! With this new pilot program it would allow my husband to begin working within a few months of arriving in Canada. How would I even go about this? My understanding is as long as the PR is being processed he is allowed to stay in the country so it would be okay to apply for both the work visa and PR at the same time (which you must do for the new pilot program) while he stays for the 4 month processing period at which point he can begin to work and we can renew the work permit until the PR goes through. Is this accurate? He cannot leave the country without a visa saying he is allowed to return or else he could be denied so we understand that risk but he would have a work visa so that would be covered. The question is can he just come into the country and just stay while we process this stuff even though he is on the normal US to Canada visitor visa? With the new program before his 6 months in Canada is up he should have a work visa. Can someone guide me to how this would work? Thanks!

 

[scylla]

Many people are getting through Ottawa in 6-8 months.

 

[Pollen]

As outland or inland?

 

[rhcohen2014]

As outland or inland?

outland.

and you are confused.

a) us applications are processed in OTTAWA.
b) applications only go to LA IF an interview is requied
c) US applicants are being processed in 6-10 months, with an interview it's more like 12-16.
d) the processing times you are quoting for outland applications are NOT averages, and do not mean that ALL applications take the time that's posted. what those numbers mean is that 80% applications were approved WITHIN that time. Therefore, a majority of applications are processed much quicker than that. Again, the stats for LA are moot because only a small number of applications actually go there.
e) inland certainly is not the same timeframe as outland. with inland, TOTAL processing is taking 2 years. getting an OWP does not mean you are done with the process. it just means you have the ability to work. you will still be waiting 2+ years to be approved, in which you must limit your trips out of canada. also, it's still not proven it ONLY takes 4 months to get an OWP. don't be fooled in thinking things will be happy go lucky after 4 months with inland. that is certainly not the case and please refer to the inland threads to see how miserable of an experience it is!
f) until we know exactly how long it takes for the OWP to be issued, for most visa exempt applicants, it still is better to apply outland. look at it this way. a us applicant who applies inland can wait 4+ months (maybe closer to 6-8, no one knows!) for an owp. in that time, an outland applicant from the same country would only be waiting 2-4 more months to be completely done with the process OR there is a high chance that they would be approved as outland before an inland applicant would even see the OWP. There really isn't THAT much of a jump start to get a job with the OWP if it really only takes 4 months. Unless someone already has a job offer, it needs to be expected it's going to take some time to find work that is not part time. Full time jobs take canadians 6-8 months to find. i don't understand how someone from another country who receives an OWP assumes they will find a full time job in less time than that without any canadian experience on their resume or canadian references.

if you are that adamdent about applying inland because you want to take the gamble that it will "only" take 4 months to get an owp (maybe it will!), and you have high hopes a job is waiting for the applicant to grab as soon as it's issued, go for it. personally, i'd recommend either applying outland or waiting to see how consistently people are getting owp in 4 months through the new pilot program. even if it does only take 4 months, for me it seems better to be over and done with quickly than choosing to suffer in a process for the next couple (or few) years. that's just me.

 

[Pollen]

He has a full time job lined up here through his current employer but unless we apply inland he doesn't qualify for a work visa. I just want him here. We haven't even been able to live together for more than a few months our entire relationship and our circumstances are complicated and would likely further delay the process. I'm very sick and I can no longer visit him so our only option is he visit me but he can't because he can't take that much time off work, double rent is murdering us. This is taking a huge toll on my health between the travel and not having my support system. I have no idea how immigration is going to handle me being on disability or if we even have enough proof of our relationship since we don't have any call history because we use a web service phone that doesn't keep that info. I have only plane tickets and wedding photos, we hate pictures and only took one of both of us on our honeymoon and one from one of our first dates. Even if he can't work for a while he is here, where as throughout the whole process outland I can't even see him and it could still take 2 years to process since they will likely grill me about my disability and how I can be responsible for him etc. If you tell me that you think it will be less than 1 year for outland from the day I send it in I would do it in a heart beat but the website definitely indicates a much longer wait. As for where the PR is processed I thought you had to do it in the outland country I was not aware that you could 100% go through Ottawa. I mean what complicates these things anyways? Will our financial situation put that much of a strain considering they cannot discriminate against me because of my disabilities? Will our not liking to be in photos be an issue? What about how I lost the first ever trip tickets he took to visit me or the fact I have no phone records other than texts because of the web service we use? Do I show them our gaming accounts and how they have matching names? If the fact that my whole family was at the wedding and his couldn't make it be an issue? What about how everyone knows about our marriage is that in our favor? I am really overwhelmed with all this I can barely care for myself I have no idea how to handle this all properly and I need my husband here to help me on the days I can't walk. I hate this whole situation. If my medical bills wouldn't be so damn expensive in the US I'd have gone there the process is so much more straight forward.

 

[rhcohen2014]

for family pr purposes ottawa is considered "abroad". there were many visa office closures a couple of years ago, so now us applications are processed in ottawa.

a person can be IN canada as a visitor even if they submit an outland application. he can work remotely for his us employer, if his job allows it. there is nothing illegal about working for an employer outside of canada when you are in canada as a visitor.

the posted times online are not "averages". they do not represent what a majority of applicants actually face with the process. the blue link in my signature below is the spreadsheet for the ottawa visa office. most of the applicants listed are from the us, and you will see the large majority of applicants from 2013 and 2014 have landed as pr within 1 year of the day they submitted the application. a good amount of us landed in half that time. of course there are a handlful of applications that were delayed, for one reason or another. Can I say that will remain consistent for 2015? Since I don't work for CIC, I can't be 100%, though i'd bet we will see similar results. IF an interview is called with outland, it WILL be in LA. The reasons for interviews generally are for dependant, relationship and criminal issues. as US citizens we are lucky to have a lower threshold for proving our relationship validity. it's certainly not necessary to send in every single piece of proof you have to show the relationship is genuine. if you answer the questions honestly, and they convey your relationship is ongoing and known to other people, then generally the relationship aspect is not an issue. For me, simply writing about how we communicated, who was at our ceremony/reception and a small sampling of receipts, cards and "facebook highlights" were enough.

Since your husband has a job offer waiting, then he may benefit from the OWP. It may be worth it in your situation to take the gamble. technically, we will start to understand the true story behind the OWP in the next few weeks/months. March 22 is the 4 month mark for the program, so hopefully we will soon be able to determine some expectations. Personally, i'd still apply outland. I can understand the stress of living a 1 income life, so best of luck with whatever you decide.

 

[Sheps]

Honestly, if your application is simple, I would just go Outland.

Ottawa processes a lot of PR applications, and it is possible that IAD allowed appeals goes to Ottawa (According to a Op Bulletin) as well. While I am not sure if those times include the IAD allowed times are included in those processing times, there is a possibility and if someone was refused (then an appeal allowed) that isn't exactly a straight forward case.

Also, I would check to see what work is allowed, he may be allowed to work in Canada under NAFTA or International Mobility. This one from NAFTA may be specifically applicable:

4 Intra-company transferees
4.1 What requirements apply to intra-company transferees?
The following requirements apply:

-citizenship of the U.S. or Mexico;
-seeking employment in an executive or managerial capacity or one involving “specialized knowledge”;
-transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed;
-enterprises in the U.S. or Mexico and in Canada have a parent, branch, subsidiary or affiliate relationship;
continuous employment, in a similar position outside Canada, for at least one year (full-time) in the previous three-year period from the date of initial application; and
-compliance with existing immigration requirements for temporary entry.

Also, these professions are LMIA exempt: http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html