Outland or Inland?

[ytzmarlon]

Hello,

I cannot decide if i should sponsor my girlfriend as an inland or outland applicant? please help.

Here is a short summary of our situation

We started dating in Toronto 2014, she was in Toronto on a visitor visa (6 months), when she left, I went to visit her in Slovakia for 10 days. Mid 2015, she returned for 6 months to study english, she left Nov 2015. In December 2015 i moved to Slovakia on a 1 year work visa. We have been living together in Kosice Slovakia since December 2015 ( we have all the paperwork, joint accounts, bills, rental agreement etc...) Since we have been living together, we have taken numerous vacations, and have had family from other places visit us in Kosice.

Being a Canadian Citizen, I plan to sponsor her as a common law partner when we hit the 1 year mark in December 2016. Here is the issue, I am returning to Toronto, since my visa is expiring, and I would like my partner to return with me. She would be on a visitor's visa which lasts 6 months.

In the past she applied for a student visa 2 times and was rejected both times. Is there any reason why CBSA may not allow her to return to the country?

Should we apply from slovakia as outland, or take a chance and apply from Toronto as inland, if they allow her to enter the country?

Either application... would we be allowed to extend the visitors visa so she can remain in Toronto with me while we are waiting for the process to complete. Very important.


In Toronto, we both have family that are willing to help - on a visitors visa, she would not be working or studying, but I will since I am a Canadian Citizen.

Thanks in advance for your help!!!!

Marlon and Greta

 

[CaroM8]

Is there a way for you to extend your work visa in Slovakia?

If yes, I would apply outland and stay in Slovakia to work and have a relatively "normal" life, while you are waiting for the process. You should check the spreadsheet for your particular visa office that deals with Slovakia to see what sort of timeline you are looking at. Official processing time according to CIC website is 15 months, but could be faster.

This, to me, would be the ideal scenario.

But in general, an outland application is much faster than inland. You can still use outland even if you are in Canada.

 

[Londo]

That will be totally dependent on your circumstances outland is quicker and she should get PR in about 10 months depending on Slovakias visa office. If u do inland as Slovakia is visa free to Canada she can come to Canada on a visitors status and be working in four months with the open work permit but her PR will take best part of 2 years.

Bare in mind she can do outland and stay in Canada till a decision is made on her application.

 

[ytzmarlon]

That will be totally dependent on your circumstances outland is quicker and she should get PR in about 10 months depending on Slovakias visa office. If u do inland as Slovakia is visa free to Canada she can come to Canada on a visitors status and be working in four months with the open work permit but her PR will take best part of 2 years.

Bare in mind she can do outland and stay in Canada till a decision is made on her application.

Thank you for your replies.

Staying in Slovakia is an option but not my preferred option. My income here (slovakia) is great for the local economy but it doesnt leave us much savings for Canada. In Canada, I have a strong resume and would be able to provide enough for both of us.

We are leaning towards outland application, since we are both living in Slovakia at the moment. If we apply as outland before she enters Canada on a visitors visa, is it possible to have that visa extended, and is it possible for her to have a study/work permit while we wait?

Thanks a million.

 

[CaroM8]

Unfortunately the outland route does not have a work permit option. She can definitely go to Canada, but only as a visitor, no work. That is only possible with an inland application.

I know what you mean about other country income vs Canada income. I'm in the same boat. I live with my husband here in Guatemala. We make enough money to live have good lifestyle here, but no savings. But I choose to be here because at least we can be together, and we know it is just temporary and part of the bigger plan. I would choose making less money over being apart any day!

 

[ytzmarlon]

Thanks for the reply Caro, good luck with your application process. Saludos desde Kosice

I choose being together as well, thats why I am curious about the process. Would we be able to extend her visitors visa for more time? lets say a year, or the 15 months it takes to process?

Also, the inland does have the advantage of allowing her to study/work after the process has begun. But since she has been rejected for a student visa twice, when crossing the border, can she be denied entry? We will have the application in hand but not yet submitted.

With the inland visa, would the border patrol or government see it as cheating? since we would be applying with her having a visitors visa...

so many questions...

 

[profiler]

Latest statistics on average inland application processing times from CIC is 22 months as of today.

That said, they have reworked the program, and they are currently flushing a backlog. Our case is in that backlog. According to the maths I did on the inland tracking spreadsheet, we will land before Christmas (assuming we don't get called for an interview). If we do, that would be a Canadian and Russian completed inland in 10 months. She also went for the OWP and has been working for 6 month (by then).

The CIC has also stated that they intend to maintain the current throughput for inland applications in 2017 to avoid inventory levels creeping up again.

 

[ytzmarlon]

Canadian and Slovak here! I'll keep my fingers crossed for your application.

We are still new to this, what do you mean by OWP?

Is it possible to apply as inland, living together 1 year in Slovakia, and 2 weeks in Canada? ... if they let her in.

...if they dont... apply as outland and have her extend her visitors visa?

 

[profiler]

Canadian and Slovak here! I'll keep my fingers crossed for your application.

We are still new to this, what do you mean by OWP?

Is it possible to apply as inland, living together 1 year in Slovakia, and 2 weeks in Canada? ... if they let her in.

...if they dont... apply as outland and have her extend her visitors visa?

OWP is Open Work Permit.

As common-law you need to prove that you resided together for one year. If you can get rental/lease agreement, or a letter from your landlord stating you have lived together for a year, something similar to that, then yeah that should be ok.

My wife has ended up in secondary at Pearson a couple times. Just don't lie to them (CIC can see everything she has ever said to the CBSA -- they use the same system). As long as there is no red flags for re-entry, they will likely give her a hard time, then allow her entry. Try not to talk about applying for a PR.... that's something my wife did last time she was coming in (and they still granted her 6 months on her visit!)

Once she is in Canada, you can apply for inland. So, assuming you make it back with her with little trouble with CBSA, then you can choose to apply inland (and include the OWP application so she will have status that whole time), or outland (and just renew visitor visas/extend stay). Your pick.

 

[CDNPR2014]

Also, the inland does have the advantage of allowing her to study/work after the process has begun. But since she has been rejected for a student visa twice, when crossing the border, can she be denied entry? We will have the application in hand but not yet submitted.

to clarify, the inland application does not give her the ability to study. it gives her the ability to apply for the spousal sponsorship open work permit (OWP). if she wants to study, she would still have to apply for a study permit. She can do this when applying by either outland or inland. considering she's already been refused student visas, this may not be her best option.

no one can really say for sure what will happen when she gets to the border. it will depend on the questions asked and the answers given. she wants to be clear she is there to "visit" and knows she cant "live" or "move" to canada until approved for pr. having proof you are working on or have submitted a pr application goes a long way at the border. that shows them she knows the rules and intends to follow them.

 

[profiler]

no one can really say for sure what will happen when she gets to the border. it will depend on the questions asked and the answers given. she wants to be clear she is there to "visit" and knows she cant "live" or "move" to canada until approved for pr. having proof you are working on or have submitted a pr application goes a long way at the border. that shows them she knows the rules and intends to follow them.

This is true. I think this is why they interviewed my wife at the border last time, and entered all the details (questions/answers) in GCMS, and gave her 6 months. She mentioned she was here to "be with her husband" and to complete her PR and submit it.

They paid more attention to that, then her dog (they didn't bother even looking at him or his passport)

 

[ytzmarlon]

Thanks again for the replies.

We are looking to follow the rules to a T, thats why we are asking so many questions. Originally our plan was apply from Slovakia with an outland visa, and cross the border together (december will mark one year living together, we have ample proof). From there have her apply for an extension to stay in the country as a visitor. Thus we can be together throughout the process even though she would not be able to work.

An inland visa does have the advantage that she may be able to work, and allows her to stay in the country until everything is processed, but the process does take a considerable amount of time. But we are also taking the gamble that CBSA will deny her entry.

If they do deny her entry, can we still apply with an outland visa?

Profiler, if I may ask, what questions did they ask your wife at the border, had she travelled to Canada before, and if so, did she every apply for a visa/permit other than PR?

A million thanks once again.

 

[ytzmarlon]

Also, is there any way to call CBSA and up front ask them if they have a reason to reject her entry? I did find an information hotline

 

[CDNPR2014]

If they do deny her entry, can we still apply with an outland visa?

yes

Also, is there any way to call CBSA and up front ask them if they have a reason to reject her entry? I did find an information hotline

they will tell you the typical things people are denied entry for: not being able to prove ties to their home country, suspicion they are trying to work illegally, etc. getting answers over the phone or through a hotline is not going to guarantee anything at her actual point of entry. it all comes down to the specific officer she meets at the border.

i think you are worrying too much about it and making it more complicated than need be. while there are situations where people are denied entry at the border, it is generally because they are not prepared or they start offering up more information than necessary. more than likely she will not have any issue and will breeze right through. starting to talk about things that are not of their immediate concern will complicate the experience. there is no reason to tell CBSA your entire life story and every single aspect of your plan. answer questions honestly, don't elaborate or offer information about something that is not asked. SHE needs to be the one to show them she is prepared and understands the rules. even though you are going together, she is the one they are going expect the answers from. it's simple, she's there to visit her husband and she's working on her pr application. there's no reason to say more than that unless specifically asked.

 

[profiler]

Thanks again for the replies.

We are looking to follow the rules to a T, thats why we are asking so many questions. Originally our plan was apply from Slovakia with an outland visa, and cross the border together (december will mark one year living together, we have ample proof). From there have her apply for an extension to stay in the country as a visitor. Thus we can be together throughout the process even though she would not be able to work.

An inland visa does have the advantage that she may be able to work, and allows her to stay in the country until everything is processed, but the process does take a considerable amount of time. But we are also taking the gamble that CBSA will deny her entry.

If they do deny her entry, can we still apply with an outland visa?

Profiler, if I may ask, what questions did they ask your wife at the border, had she travelled to Canada before, and if so, did she every apply for a visa/permit other than PR?

A million thanks once again.

The processing times for inland are falling dramatically, but there is so much with respect to cases that can cause delays in processing. Some outland applications are taking longer than the longest inland applications. If you check on this forum, you can find cases of this.

My wife and the CBSA... where do I begin...

So, she had visited the Schengen zone a few times before we met. She then applied for a visitor visa and was granted a MEV for the life of her passport -1 month. She had included an invitation letter from me in that application. She brought it with her on her first visit. They grilled her for about 2 hours in Secondary asking her everything from what she does for a living, money she has, property she has, and why a non-married young lady from Russia was seeking entry into Canada. They stopped short of accusing her of trying to defraud me. She had finally reminded them that she gave them my invitation letter, and to call me and ask why she is here. They did call, and within 15 minutes of that call (a quick bag search) she was out. Pissed off, but out. Took her about 45 minutes to calm down from that.

The second time she ended up in Secondary is what I mentioned above. Where she told them she was here to be with her husband and to complete a PR application. They asked everything from when and where we married to my name and address. Typing it all into GCMS while she is talking. They told her, "You can't do this. You must leave by xx date." I guess the officer didn't know about inland applications + OWP's.

All the other times, the didn't even stamp her passport and just waved her through.