Spousal sponsorship

[Majromax]

I think we had intended to do inland, we have notes on the new law that allows me to get a work permit within four months. That seems to only apply to the inland route. Am I correct in this?

Yes. There is an ongoing pilot program to offer open work permits to inland ("in-Canada") applicants after their application is received. That is the part that takes ~4 months.

The downside is that the "in-Canada" sponsorship program requires that you reside Canada *first*, and more importantly it takes substantially longer to fully process the application and grant permanent residency. Current processing times for in-Canada applicants are running about two years, meaning that those who applied in summer of 2013 are now finally receiving their PR.

"Outland" applications do not offer intermediate working status, but they are processed much more quickly. The official timeline for applications processed in Ottawa is about 16 months, but the vast majority of applicants from the US who have posted here have seen approvals in well less than a year, with 8-10 months being more typical. Processing times have varied, and this time last year the approval process was around 6 months.

Outland applications can be filed before you wish to move to Canada, meaning that you can file one immediately (upon collecting the paperwork and such, anyway). They also remain active if for whatever reason you needed to temporarily move back to the US, such as for work.

Presuming there is no problem with your moving to Canada in advance of the application (Americans are visa-exempt, but can only stay on tourist status for 6 months at a stretch without approval, and in turn that is under the discretion of CIC and/or the CBSA), given current trends inland processing will allow you to work 4-6 months earlier but will delay your final legal status by over a year.

 

[flittering]

Presuming there is no problem with your moving to Canada in advance of the application (Americans are visa-exempt, but can only stay on tourist status for 6 months at a stretch without approval, and in turn that is under the discretion of CIC and/or the CBSA), given current trends inland processing will allow you to work 4-6 months earlier but will delay your final legal status by over a year.

If I enter on tourist status and apply via the inland process, what happens when that time period expires without the PR application being approved? Can I still file for a visa extension even though I'm visa-exempt? Or would hopefully being approved for the open permit provide some coverage?

Also, I know that inland takes longer, but we aren't keen on the idea of even another six months of long distance. It's becoming almost as much of a financial burden as my spending several months unemployed would.

 

[Majromax]

If I enter on tourist status and apply via the inland process,

... provided the CBSA lets you through in the first place. "I'm arriving to temporarily live with my spouse while applying for permanent residency" really doesn't demonstrate intent to return to the US. I believe that many users have had success with this approach, but technically a CBSA agent having a bad day (or being very strict in applying the rules) could refuse you.

what happens when that time period expires without the PR application being approved? Can I still file for a visa extension even though I'm visa-exempt?

Yes, legal status in Canada can be maintained through application.

Or would hopefully being approved for the open permit provide some coverage?

Also yes; having an open work permit is in and of itself valid temporary status for a visa-exempt person like a US citizen.

Also, I know that inland takes longer, but we aren't keen on the idea of even another six months of long distance. It's becoming almost as much of a financial burden as my spending several months unemployed would.

"Outland" application does not necessarily require that you remain outside of Canada; I am applying outland despite living in Canada on student/worker status for close to a decade. It would be possible to submit an outland application now and still temporarily live with your spouse for the next 8-10 months. However, you would not have the OWP, meaning you would indeed (probably) need to apply to maintain your temporary status.

 

[mrsb2014]

Hi was wondering if anyone has been in a similar situation and what they did as I am beyond peed off with CIC right now.

Basically I applied OUTLAND in Mar 15, have been told over the phone that we have SA but the email was never sent to my husband confirming this and stating where the application was sent. We know its gone to London but I need that email. ECAS states an email was sent on 15th May but i've quadruple checked all accounts and its not there.

CIC are refusing to resend the email confirmation, I called twice, my husband called twice and they just fob us off saying we don't need an email because they've told us and now the application is in London they don't have to help. I need it to apply for my AB diving licence as trying not to break the law by driving on my UK licence for over a year.

I dont see what the big deal is and why they cant resend an email we are entitled to?!?! I'm disgusted at how we have both been spoken to. I was nothing but polite and I got told I have no rights as I'm a visitor and I applied outland. Not asking for rights, I'm asking for an email we should have already received?!?! When i asked if London can resend it they said the first part was done in Canada... but they won't resend it from Canada... why is this such a big deal?!?!!?

Does anyone have any ideas of what I can do??

Thanks in advance

 

[Owl29]

Hello,

We had a discussion in other topic about is there minimum income requirement when sponsoring a spouse in Quebec province?

 

[flittering]

"Outland" application does not necessarily require that you remain outside of Canada; I am applying outland despite living in Canada on student/worker status for close to a decade. It would be possible to submit an outland application now and still temporarily live with your spouse for the next 8-10 months. However, you would not have the OWP, meaning you would indeed (probably) need to apply to maintain your temporary status.

I guess the real question then is how much faith I have in the strength of my Outland packet, which we already have prepared. I'm worried it's hampered by us being so tech savvy. We use computer programs to talk rather than phones most of the time. We have records of nearly 20 visits over the years we've been a couple, and some phone records. Several dozen photos (we COULD send over 300 wedding photos, but won't.) Wedding shower was held months prior to wedding, wedding had good number of guests that traveled far, including both families and friends.

I just don't know if I can trust this 6-10 month estimate I keep seeing here. The CIC website shows 16 months for Ottawa.

 

[Owl29]

I guess the real question then is how much faith I have in the strength of my Outland packet, which we already have prepared. I'm worried it's hampered by us being so tech savvy. We use computer programs to talk rather than phones most of the time. We have records of nearly 20 visits over the years we've been a couple, and some phone records. Several dozen photos (we COULD send over 300 wedding photos, but won't.) Wedding shower was held months prior to wedding, wedding had good number of guests that traveled far, including both families and friends.

I just don't know if I can trust this 6-10 month estimate I keep seeing here. The CIC website shows 16 months for Ottawa.

We are the same, we used computer mainly for communication and we had only one visit. After my first I just decided to come here as a visitor, as it was expensive to fly between Europe to Canada. And sadly my family won't be able to attend my wedding. I still will apply Outland. I prefer not to work longer, but get done quicker with all the papers. Inland is just too long and for me hardest part is waiting and also, for me the deciding factor was that if I need to leave for family emergency and they for some reason won't let me in again, at least I can wait out this period at my home country.

 

[pop32]

Hi Everyone,

Another question here, for the sponsored spouse/partner questionnaire.

How would I answer question "1. Did you have any contact with your sponsor before you met in person"?

We have no contact as we are introduced in person by our common friend. Should I answer no to that?

Thanks

 

[Lamja]

Hi Everyone,

Another question here, for the sponsored spouse/partner questionnaire.

How would I answer question "1. Did you have any contact with your sponsor before you met in person"?

We have no contact as we are introduced in person by our common friend. Should I answer no to that?

Thanks

NO of course

 

[DanSlh]

I guess the real question then is how much faith I have in the strength of my Outland packet, which we already have prepared. I'm worried it's hampered by us being so tech savvy. We use computer programs to talk rather than phones most of the time. We have records of nearly 20 visits over the years we've been a couple, and some phone records. Several dozen photos (we COULD send over 300 wedding photos, but won't.) Wedding shower was held months prior to wedding, wedding had good number of guests that traveled far, including both families and friends.

I just don't know if I can trust this 6-10 month estimate I keep seeing here. The CIC website shows 16 months for Ottawa.

Ottawa is taking 8-10 months to complete applications. They're now working on November files

 

[KayMoo]

Leon,

I would like to apply Outland while I'm back in Ireland to get married but will it affect my working visa when we go back in September?

 

[semos]

Good morning my dear friends

I am sorry to post this topic here . I don't know where to post my question in this great forum . Please i need your advise with the following questions .

1- How much money can i transfer into Canada after i became a PR ?
2- Is there a limit to that amount?
3- Is it being taxed or not?
4- I heard that within 2 years of getting a PR you can transfer any amount of money without being taxed ? but after 2 years , you have to pay taxes .
5- If i transfer money , is being taxed in future ?

thank you .
looking forward to hearing from you

 

[Spousalvisaapplicant]

Hello All,

I am very confused! The marriage officer at the local municipal corporation in Mumbai, India did not issue a marriage certificate based on our nikahnama for the nikah that took place in January. So then we had to go for Court Marriage in end of May.The local consultant who was helping us, got us to declare oursaelves as single and 'divorced' (my husband is divorced) and not declare that we had done the nikah, as that would make matters complicated since they do not recognize Canada divorce certificate and various other issues . Our Court marriage certificate shows date of court marriage 30th May and not date of Nikah 17th January.

Now what do I do? Should I show the nikah or not in my application? Will they raise questions on our court marriage if we show the nikah? We had no option left, we had to go through the court marriage. We did not celebrate the court marriage but had a celebration for the Nikah. Will they have issues with us having had a nikah first and then after a few months doing a court marriage (under section 13) and not under section 15 or 16, which is on registering marriage celebrated in a religious way in court.

Please please help!

Thank u

 

[bigredmoose]

We are the same, we used computer mainly for communication and we had only one visit. After my first I just decided to come here as a visitor, as it was expensive to fly between Europe to Canada. And sadly my family won't be able to attend my wedding. I still will apply Outland. I prefer not to work longer, but get done quicker with all the papers. Inland is just too long and for me hardest part is waiting and also, for me the deciding factor was that if I need to leave for family emergency and they for some reason won't let me in again, at least I can wait out this period at my home country.

I'm Canadidan, my wife is Australian. I think we've spoken on an old-school phone line maybe 3 times. It's very common in this day and age, don't worry about it.

 

[Majromax]

I guess the real question then is how much faith I have in the strength of my Outland packet, which we already have prepared. I'm worried it's hampered by us being so tech savvy. We use computer programs to talk rather than phones most of the time. We have records of nearly 20 visits over the years we've been a couple, and some phone records. Several dozen photos (we COULD send over 300 wedding photos, but won't.) Wedding shower was held months prior to wedding, wedding had good number of guests that traveled far, including both families and friends.

CIC's objective is to check for relationships of convenience for the purposes of immigration, not to pry into the details of your personal life. It's not supposed to be an adversarial process.

Cultural assumptions work in your favour. It's a great deal easier for a CIC agent to believe a relationship is genuine when it is a US/Canadian relationship (meaning no ulterior economic motives for immigration), the relationship developed itself rather than through an arranger, and when there was plenty of ongoing "relationship-like" contact. My gut feeling is that you should provide evidence that you two were in an ongoing relationship, but don't otherwise sweat the details. 300 wedding photos are certainly overkill, since all CIC needs to do is allay any fears that it was a sham wedding.

In terms of pagecount, I would not go overboard. There is another unfortunate user here who had some 500 pages of relationship proof (including her FBI check!) lost somewhere in CIC's offices. Anything that would need special handling or care is an additional chance for something to go wrong.

The "relationship proof" standard is essentially the same between outland and inland applications, so waiting until you're in-Canada to apply is unlikely to save you any trouble.

Most importantly, however, CIC does not just flat-deny applications over relationship proof. If they have doubts, they will ask for further information.

I just don't know if I can trust this 6-10 month estimate I keep seeing here. The CIC website shows 16 months for Ottawa.

You can't. On the other hand, the inland time is even longer than 16 months, and when people receiving PR now were applying the timeframe was substantially lower, around 16 months.

I invite you to take a look at the CPP-Ottawa spreadsheet for a sense of current timeframes. Give or take users who have not updated their information, there are still some users from September waiting for approval, whereas a user who applied in March has received a documentation request. On the other hand, Ottawa did not do much at all to spousal sponsorship applications in the entire month of April.

I am an October applicant, and my online status shows "in process" but not yet "decision made." That seems to be about typical, perhaps slightly ahead of the average depending on whether people have updated their entries.