So confused limitations/allowances between Inland application vs Overseas?

[jucy4ever]

Scenario: if my boyfriend comes from the U.S. to here in Canada in January 2020, as a "visitor" (plan to stay for the hopefully maximum allowed period of 6 months)...and we get engaged in, say, February 2020.......and then get married here in Canada in April or May 2020, we can begin the Spousal Sponsorship process then......but which is best, the Inland or Overseas application......even though he'll still be here for that 6 month period as a "visitor"?...or do we even have a choice? I know that Overseas app is for people who are living OUTSIDE of Canada when they apply, but if he's here for those 6 months as a "visitor" he's really not "living here" in the true sense of the word...merely visiting. Yes, no?

I'll admit, the Inland application process scares the dickens out of me because if for any reason they deny you, there is no chance for appeal.............whereas with the Overseas application, there is the ability to appeal a denial. But can a "visitor" to Canada and their sponsor begin the Overseas application and submit it from Canada? or is the Overseas application the only option given our above scenario because he will be here IN Canada (tho as a visitor) at the time we begin the process? Our hope is that we get married April or May....his "6 month visit" would be up early July 2020, end of May or early June we'd go online and request an extension of the visitor record, on the grounds that we were at that point married and had begun the Spousal Sponsorship Process. Would they frown upon that? ...that he came here as a visitor, we got married here, and we're beginning the Spouse Sponsorship process within that 6 month period? God I don't know what we'd do if for some reason they would not give a visitor record extension beyond those 6 months and he'd then have to go back to the U.S.which would be very very hard for a newly married couple to be apart like that?


Also.......he recently came here to visit, for 4 weeks...his first visit here. The airport he flew into here was one of the larger ones here in Canada where they have the Immigration/Border Services Kiosks there (you scan your passport, etc). For some reason he had some issues using it and as a result, was called into secondary inspection. All they did was ask him some basic questions...who are going to visit, do you have a return ticket, how did you meet her (me), bla bla. He was totally fine. They did not, however, stamp his passport or give him a visitor record.

When he comes here in January, our hope is that they will allow him to stay for the full 6 month maximum.......and that as the 6 month mark approaches, we'd apply for an Extension of his Visitor Record....but how is he guaranteed to even be giving a Visitor Record in the first place? Should he ask for one if they don't automatically give him one? Or would they find it suspicious of him to ask for one? this is all new to us. I'm just not sure how we'd go about requesting an extension of the visitor record down the road if he was never given a visitor record to begin with?

He's obviously not going to have a return flight booked this time because we're hoping they'll extend his Visitor Record and allow him to stay beyond this 6 months......but I'm worried as to how much concern this will cause the Border agent, the fact that he has no return flight booked.....will they automatically assuming he's planning to live here permanently and give him a hard time? This sort of also ties into the above....that if my boyfriend ASKS for a Visitor Record, obviously he wouldn't break the law and stay beyond the 183 days.......we would never do anything to jeopardize anything at all.............but so scared of doing or saying the wrong thing. What if they ask him why he has no return flight booked for the 6 month mark? What he'd tell them is that it seems foolish to book a return flight this far out when there are seat sales with the airline we use but those sales are always closer to the flight month. ??? What else would he tell them? These border people scare the crap out of me, they are like God in many ways and their decisions can totally impact the lives of us people here.

I'm afraid to ask any of these questions to anyone at Immigration for obvious reasons. I've asked them to an Immigration lawyer but all they want to do is push you to hire them to "take care of everything" and frankly we don't have that kind of money.

Thanks in advance for any info you can provide.

 

[Jnicole45]

You can apply inland as a visitor, it just requires the applicant to be currently in Canada and intending to stay through the entire process. The risk with inland is that if he has to leave for any reason, theres never any guarantee that he'll be allowed to reenter, even once he has an open work permit if you apply for one, and a denial would end your application process and you'd have to reapply.

You CAN apply Outland/overseas while in Canada, people who do it tend to say that it processes faster. But obviously, he couldn't work while in Canada so you would have to support him completely. He also would likely have to go back to the US to give biometrics (inland applicants are exempt because there arent any biometric collection points in Canada, so if you're an outland applicant in Canada you have to go elsewhere to do them). IRCC is allegedly working to get biometric collection points established in Canada, so by the time it's requested you might be able to do them in Canada, but it doesnt seem like they're in a rush.

Up to you whether you apply outland or inland but you have the option of either as long as your applicant is in Canada and ready to do what's necessary to stay for the whole process.

Now as far as entering/visitor records/extensions and all that:

If he is intending to stay for 6 months, he doesn't necessarily have to have a return ticket (he can always tell them that you intend to book a return flight when it gets a little closer, some officers will accept that), but it would not hurt to book a refundable one just in case that he can then cancel at a later time. Be prepared to demonstrate that he has enough money to stay 6 months.

Don't ask for a visitor record at the border. If they dont give him one or stamp his passport, he can still apply for an extension, it's not a big deal. They won't frown on him coming as a visitor and getting married and applying to stay longer. I came to Canada as a visitor in December of last year, told them I was staying 6 months, got married in January, and have since applied Outland and applied for an extension (and will likely have to apply for another one coming up here soon) and have had zero issues.

Border security can be intimidating, but they're also just people doing their job. Every once in a blue moon you might run into one on a power trip that will give you a harder time than others, but as a non-Canadian I've actually found them to be very understanding and very helpful. The important thing is to ALWAYS BE HONEST WITH THEM. That doesnt mean you have to overshare and tell them your whole situation, but don't lie to them. If they ask him how long he's staying, 6 months. If they ask what he intends to do for 6 months in Canada, spend time with my partner. If they ask about his relationship, then he can tell them he plans to propose. Be polite, be honest, and be prepared. He should know where he's staying, how much money he has (not just cash on hand but in his bank account), basic info about you (which I assume he knows, but I've been asked what my now-husband does for work, where he works, if he likes his job, what part of his city does he live in, etc.), when he plans to return to the US, what your plan is as a couple if you do get engaged (when and where you might get married, who's moving to which country). Again, he shouldn't tell them all this upfront, but they could potentially ask about anything along those lines. CBSA understands situations like yours, and it's perfectly legal to come in as a visitor and get married in Canada. They're just trying to make sure hes not intending to do anything illegal.

As far as the extension goes, the bigger hurdle is proving that he has enough money to stay, so when I applied I included my husband's salary when they asked for available funds, and also had him write a letter stating that he's been supporting me and intends to continue to support me during my stay in Canada, and then we included 6 months of his pay stubs to prove he has a job and can afford it, since I haven't worked since December. Beyond that, I wrote a supporting letter explaining that I had come as a visitor, gotten married, and had applied for PR and were waiting on a decision, and I only asked for a 6 month extension (standard). I was approved no problem. Like I said earlier, he can still get an extension without being given a visitor record to begin with, he will get one if he's granted the extension.

I think I hit most of your questions, but you can always send me a message if you have more. I've been in your partner's shoes, so I'm happy to share whatever knowledge/experience I have

 

[canuck_in_uk]

Scenario: if my boyfriend comes from the U.S. to here in Canada in January 2020, as a "visitor" (plan to stay for the hopefully maximum allowed period of 6 months)...and we get engaged in, say, February 2020.......and then get married here in Canada in April or May 2020, we can begin the Spousal Sponsorship process then......but which is best, the Inland or Overseas application......even though he'll still be here for that 6 month period as a "visitor"?...or do we even have a choice? I know that Overseas app is for people who are living OUTSIDE of Canada when they apply, but if he's here for those 6 months as a "visitor" he's really not "living here" in the true sense of the word...merely visiting. Yes, no?

I'll admit, the Inland application process scares the dickens out of me because if for any reason they deny you, there is no chance for appeal.............whereas with the Overseas application, there is the ability to appeal a denial. But can a "visitor" to Canada and their sponsor begin the Overseas application and submit it from Canada? or is the Overseas application the only option given our above scenario because he will be here IN Canada (tho as a visitor) at the time we begin the process? Our hope is that we get married April or May....his "6 month visit" would be up early July 2020, end of May or early June we'd go online and request an extension of the visitor record, on the grounds that we were at that point married and had begun the Spousal Sponsorship Process. Would they frown upon that? ...that he came here as a visitor, we got married here, and we're beginning the Spouse Sponsorship process within that 6 month period? God I don't know what we'd do if for some reason they would not give a visitor record extension beyond those 6 months and he'd then have to go back to the U.S.which would be very very hard for a newly married couple to be apart like that?


Also.......he recently came here to visit, for 4 weeks...his first visit here. The airport he flew into here was one of the larger ones here in Canada where they have the Immigration/Border Services Kiosks there (you scan your passport, etc). For some reason he had some issues using it and as a result, was called into secondary inspection. All they did was ask him some basic questions...who are going to visit, do you have a return ticket, how did you meet her (me), bla bla. He was totally fine. They did not, however, stamp his passport or give him a visitor record.

When he comes here in January, our hope is that they will allow him to stay for the full 6 month maximum.......and that as the 6 month mark approaches, we'd apply for an Extension of his Visitor Record....but how is he guaranteed to even be giving a Visitor Record in the first place? Should he ask for one if they don't automatically give him one? Or would they find it suspicious of him to ask for one? this is all new to us. I'm just not sure how we'd go about requesting an extension of the visitor record down the road if he was never given a visitor record to begin with?

He's obviously not going to have a return flight booked this time because we're hoping they'll extend his Visitor Record and allow him to stay beyond this 6 months......but I'm worried as to how much concern this will cause the Border agent, the fact that he has no return flight booked.....will they automatically assuming he's planning to live here permanently and give him a hard time? This sort of also ties into the above....that if my boyfriend ASKS for a Visitor Record, obviously he wouldn't break the law and stay beyond the 183 days.......we would never do anything to jeopardize anything at all.............but so scared of doing or saying the wrong thing. What if they ask him why he has no return flight booked for the 6 month mark? What he'd tell them is that it seems foolish to book a return flight this far out when there are seat sales with the airline we use but those sales are always closer to the flight month. ??? What else would he tell them? These border people scare the crap out of me, they are like God in many ways and their decisions can totally impact the lives of us people here.

I'm afraid to ask any of these questions to anyone at Immigration for obvious reasons. I've asked them to an Immigration lawyer but all they want to do is push you to hire them to "take care of everything" and frankly we don't have that kind of money.

Thanks in advance for any info you can provide.

You are way overthinking it. He can apply outland while in Canada. Visitor extensions are almost guaranteed when there is a sponsorship app on process and sufficient funds.

As for CBSA, don't volunteer information but don't lie either. He's coming to visit, not live. He should have no more than the normal few bags of a visitor.