Spousal sponsorship

[KaZRa]

Are you going to go Outland or Inland? Just trying to learn from others

I am engaged to a Canadian citizen. I'd like to apply for a family sponsorship for permanent residence. My fiance is pregnant with my child and we wanted to wait to get married after the child was born.

 

[Wexton]

Are you going to go Outland or Inland? Just trying to learn from others

I currently live in America. I'm not in Canada so I assume outland.

 

[KaZRa]

Can anyone break down the pros and cons of both Outland and Inland?

 

[iamlost]

Hey guys can u just help me here a bit....... im filling out the forms and it says date of cohabitation so ive been living with him for few months but in between i went to visit india without him for 3 days do i have to mention that ?

thanks

 

[Rob_TO]

I am engaged to a Canadian citizen. I'd like to apply for a family sponsorship for permanent residence. My fiance is pregnant with my child and we wanted to wait to get married after the child was born.

If you have lived together for 12 consecutive months, then you could apply immediately as common-law.

Else you will need to wait until after you get married, to apply as a married spouse. Those are the only 2 ways.

USA outland PR applications are processed through the CPP-Ottawa office, and the current processing time for straightforward applications are in the 8-10 month range.

 

[computergeek]

The American processing time for PR is 22 months in New York and 26 months in Los Angeles. During the processing of my PR application, would I be able to stay or visit Canada?

Do not use the LA or NYC times as guides. Complex applications are sent to these two offices. Thus, if you have issues like you require a TRP (criminality) or ARC (because you've been deported) or there are questions about the relationship (Marriage of Convenience - MOC) then you should expect to be transferred to one of these offices. But the times posted for NYC and LA are not a good guide for normal applications (which are processed by CPP-O).

 

[computergeek]

Hey guys can u just help me here a bit....... im filling out the forms and it says date of cohabitation so ive been living with him for few months but in between i went to visit india without him for 3 days do i have to mention that ?

thanks

No. You didn't stop living together, you went on a short trip.

 

[computergeek]

Can anyone break down the pros and cons of both Outland and Inland?

Inland: the applicant must be living with the sponsor inside Canada throughout the process. If the applicant leaves Canada and is refused permission to re-enter, the applicant cannot fulfill this requirement and the application will eventually be refused. Applicants are eligible for an Open Work Permit after the first stage approval ("sponsor approval") has been granted. If the application is refused (~6% of inland applications are refused) then the only way to challenge the negative decision is to file in Federal Court and the Court only considers procedural or legal issues. For applicants who are out of status, the inland process provides a path for them to return to status (there is a public policy permitting this). Applications are processed inland - meaning Vegreville, AB and then a local CIC office.

Outland: the applicant can live anywhere including inside Canada throughout the process. If the applicant is in Canada, she/he must maintain legal temporary status (there is no public policy in this case) or leave Canada. Applicants only gain the right to work in Canada once they become permanent residents. If the application is refused (~17% of outland applications are refused) then the negative decision may be appealed via the IAD - this is a de novo review, so they can consider new evidence, H&C grounds as well as procedural and legal issues (you can also pursue the issue in Federal Court if it is a procedural or legal issue though most people do not follow this path). Applications are processed outside Canada (CPP-O is considered a "visa office outside Canada" which clearly involved some interesting legal sophistry. I think Orwell called it "doublespeak".)

Processing times are very different for the two paths. Inland currently shows 22 months (11 months for stage 1, 11 months for stage 2) and stage 1 time seems to be fairly consistently 11 months right now. Stage 2 time varies dramatically, and I'd say about 10-15% of inland applications receive simultaneous grants (that is they obtain "stage 2" approval at the same time as "stage 1" approval).

Inland times do not include the 1-6 month delay for landing at a local office. Outland times are at the point the Confirmation of Permanent Residence (COPR) is printed by the visa office (and usually it is sent within a day or two of that date). An Outland applicant normally lands at a Port of Entry once the COPR is in hand, but may land at an inland office by appointment (time 1 week to 6 months).

 

[KaZRa]

I don't understand what this part means...
If denied for Inland are you at some point able to file a new Inland app. and go through the process again. The 6% that are denied, any idea on the average reasons? Thanks!

"Inland times do not include the 1-6 month delay for landing at a local office. Outland times are at the point the Confirmation of Permanent Residence (COPR) is printed by the visa office (and usually it is sent within a day or two of that date). An Outland applicant normally lands at a Port of Entry once the COPR is in hand, but may land at an inland office by appointment (time 1 week to 6 months)."

 

[computergeek]

If denied for Inland are you at some point able to file a new Inland app. and go through the process again. The 6% that are denied, any idea on the average reasons? Thanks!

You can file a new application as soon as the first application is denied. Note, however, that it is quite likely they will send a removal order along with the refusal, in which case the applicant must leave Canada within 30 days because a departure order turns into a deportation order (lifetime ban from entering Canada). CBSA will not stay a removal order in such a case. Normally, if refused an Inland application, the best option is to leave Canada and submit a new Outland application (sadly, almost nobody goes to Federal Court, which is a shame because I've seen some really bad inland decisions but because they never get reviewed the inland visa officers are fairly cavalier.)

"Inland times do not include the 1-6 month delay for landing at a local office. Outland times are at the point the Confirmation of Permanent Residence (COPR) is printed by the visa office (and usually it is sent within a day or two of that date). An Outland applicant normally lands at a Port of Entry once the COPR is in hand, but may land at an inland office by appointment (time 1 week to 6 months)."

Read the inland threads. People get a "decision made" letter at the end of Stage 2. For Outland, "DM" means "we've printed your COPR and it should be in the mail tomorrow..." For Inland, "DM" means "we've sent your file to a local office and they'll get back to you in a few weeks/months and schedule a landing appointment for you." Inland applicants get their COPR at the time of the landing interview (so they cannot go to a POE to land).

My e-CAS went to DM on 13 October 2012. My COPR was in my hands on 13 October 2012, and I landed less than four hours later by flagpoling at Blaine/Douglas ("Peace Arch") in BC. I didn't have to wait for an inland landing appointment (which could have taken a few more months).

 

[Rob_TO]

Outland: If the application is refused (~17% of outland applications are refused)

So this doesn't scare people, I would note that the rejection rate is VERY dependent on the outland visa office in question.

Some have very high rejection rates of 30-40% (like Accra, Bogota, Singapore), while others (mostly visa exempt) have very low rejection rates of 5% or less (like London, Paris, Australia, CPP-O, Manila, ).

 

[computergeek]

So this doesn't scare people, I would note that the rejection rate is VERY dependent on the outland visa office in question.

Some have very high rejection rates of 30-40% (like Accra, Bogota, Singapore), while others (mostly visa exempt) have very low rejection rates of 5% or less (like London, Paris, Australia, CPP-O, Manila, ).

Quite true. And the best place to look for statistics like this are the open data project data set (the one you want is the # 1 most downloaded set). http://data.gc.ca

 

[wchlin81]

I am sponsoring my fiancee with outland application. We have chosen a panel physician who is going to submit electronically.

I called the CIC and they said to attach a payment of receipt in the application package. My question is, do we wait until his medical results are sent to Ottawa before we submit the package? How would we know they've already submitted the package since it is electronic?

Or do I submit the immigration package with the payment of receipt, so Ottawa matches that up with whatever the doctor sends electronically?

Thanks...I am sure out of the 800 pages somewhere someone asked, so thanks again for responding to me.

 

[computergeek]

I am sponsoring my fiancee with outland application. We have chosen a panel physician who is going to submit electronically.

I called the CIC and they said to attach a payment of receipt in the application package. My question is, do we wait until his medical results are sent to Ottawa before we submit the package? How would we know they've already submitted the package since it is electronic?

Or do I submit the immigration package with the payment of receipt, so Ottawa matches that up with whatever the doctor sends electronically?

Thanks...I am sure out of the 800 pages somewhere someone asked, so thanks again for responding to me.

Submit the immigration package with the document showing the IME # (presumably that payment receipt) and that's all they need to match it up.

 

[Ryabusa]

Do not use the LA or NYC times as guides. Complex applications are sent to these two offices. Thus, if you have issues like you require a TRP (criminality) or ARC (because you've been deported) or there are questions about the relationship (Marriage of Convenience - MOC) then you should expect to be transferred to one of these offices. But the times posted for NYC and LA are not a good guide for normal applications (which are processed by CPP-O).

Ah, that answers my question! I wish CIC would put such a qualification somewhere on their waiting times page because it is misleading (or maybe it's there and I'm blind).

Considering my case SHOULD be a slam dunk (no sketchy history, Canadian citizen (me) married for 5+ years to US citizen with a 2 year old child together), I would expect my outland application to run through CPP-O and therefore take significantly less time than an inland. Seems like the best way to go.

My only concern is that we'd prefer to move to Canada now and get started on our lives there. You said that you can live in Canada while processing an Outland application, so what's the best way to go about it? Should we submit the application before or after entering Canada? What do we tell/not tell CBSA when we cross the border? I want to be honest but I also don't want to get turned around. Is it better to cross together or have them come up after me?

I appreciate your helpful input!