Spouse Immigration from within Canada

[ghazan]

Hello,
I am new to this forum, I would appreciate if someone could answer my questions.
I am in Ontario, Canada on study permit for last 4 years, I got married in Canada with a Permanent resident and now willing to submit my application for PR.
1. Do I submit my application in CPC Mississauga or CPC Vegreville? As websites mentioned two addresses under different links.
2. Once I have filed my application for PR, will I be able to leave and re-enter Canada using a valid visa? this wording on CIC website confuses me:
"Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada."

Thanks
ghazan

 

[Sweden]

Hello,
I am new to this forum, I would appreciate if someone could answer my questions.
I am in Ontario, Canada on study permit for last 4 years, I got married in Canada with a Permanent resident and now willing to submit my application for PR.
1. Do I submit my application in CPC Mississauga or CPC Vegreville? As websites mentioned two addresses under different links.
2. Once I have filed my application for PR, will I be able to leave and re-enter Canada using a valid visa? this wording on CIC website confuses me:
"Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada."

Thanks
ghazan

Hey Ghazan,

welcome to the forum.

There are 2 ways of applying for spousal sponsorship. Inland and outland.

If you decide to go inland, you won't be able to travel out of Canada, you have to stay in Canada for the whole time. you send your application to vegreville.

If you decide to go outland, then you can travel in and out of Canada as long as your visa is valid, and you send your application to Mississauga.
The fact that you are already in Canada doesn't mean that you have to apply inland, you can choose.

It depends on your nationality, and a few other things - how long is your visa still valid for?

If you apply inland, as soon as you send your application you are not supposed to leave Canada, but you have "implied" status, which means that even if your student visa expires during the process, you're legally allowed to stay in Canada. Inland process is for the moment 6 months first stage ( and after that you can have a open work permit if you ask for it at the same time as the application), + 8 months second stage on average - so you have to be able to stay in Canada for the next 14 months.

If you apply outland, you can stay in Canada as long as your visa is valid. Depending on your nationality, then it becomes a little more complicated! if you are from a visa-exempt country, then you can stay in Canada on a visitor visa. If you are from a non-visa exempt country, then you would have to either leave Canada and wait until your PR comes through, or find another status ( there is no implied status with outland application). You can travel (provided that your student visa is still valid) in and out of Canada without risk for your application.

For processing times, for outland, it depends where you're from. First stage is currently a little over 1 month, and 2nd stage depends on your country of nationality - where are you from ?

Good luck,
Sweden

 

[ghazan]

Hey Ghazan,

welcome to the forum.

There are 2 ways of applying for spousal sponsorship. Inland and outland.

If you decide to go inland, you won't be able to travel out of Canada, you have to stay in Canada for the whole time. you send your application to vegreville.

If you decide to go outland, then you can travel in and out of Canada as long as your visa is valid, and you send your application to Mississauga.
The fact that you are already in Canada doesn't mean that you have to apply inland, you can choose.

It depends on your nationality, and a few other things - how long is your visa still valid for?

If you apply inland, as soon as you send your application you are not supposed to leave Canada, but you have "implied" status, which means that even if your student visa expires during the process, you're legally allowed to stay in Canada. Inland process is for the moment 6 months first stage ( and after that you can have a open work permit if you ask for it at the same time as the application), + 8 months second stage on average - so you have to be able to stay in Canada for the next 14 months.

If you apply outland, you can stay in Canada as long as your visa is valid. Depending on your nationality, then it becomes a little more complicated! if you are from a visa-exempt country, then you can stay in Canada on a visitor visa. If you are from a non-visa exempt country, then you would have to either leave Canada and wait until your PR comes through, or find another status ( there is no implied status with outland application). You can travel (provided that your student visa is still valid) in and out of Canada without risk for your application.

For processing times, for outland, it depends where you're from. First stage is currently a little over 1 month, and 2nd stage depends on your country of nationality - where are you from ?

Good luck,
Sweden

Thanks Swden for your quick and detailed reply.
I have Pakistani Passport and my study visa is valid until Mar 2014, but I will definitely need visa renewal as my degree at the university will be completed in Dec 2015.
Ooh its more complicated than I thought...I need to have flexibility to be able to travel out and re-enter Canada.

 

[ghazan]

So Can I send my application to USA?

 

[Sweden]

So Can I send my application to USA?

no, you can't.(unless you have a US passport). Your application will be processed in the country of residence or nationality.
You could apply outland. Like this, you will be able to travel in and out. Your application will be processed in Islamabad, but hopefully will be completed before your student visa runs out, especially if you ask for an extension because of continuing studies ( but I am not familiar with that).

If you apply soon, you could have the sponsorship approval in 2 months, then your file goes to Islamabad... it's 26 months but some people get done quicker, so make sure that you submit all the proofs of your wedding, as well as proofs that you are living together now in Canada ( if you are), so you can get a fast processing and no interview. If an interview is required you would have to travel to Pakistan for it.

If your PR is not issued by the time your study permit expires, you will have to leave Canada and wait until the PR is completed, but hopefully you will not have to wait outside of Canada for too long.

One thing I'm not completely sure ( sone other senior member can confirm please?) is that you might be able to choose Ottawa as your "outside of Canada office", as you have been legally admitted to Canada for at least a year. In that case your PR would be still outland but the second part could be handled in Canada, and much faster processing.

Good luck,
Sweden

Good luck,
Sweden

 

[sunsun]

Sweden , may I copy paste your answers in FAQ ? Thank you

 

[Sweden]

Sweden , may I copy paste your answers in FAQ ? Thank you

Sure no problem.

 

[ghazan]

Thank you Sweden. So if below is doable I should send my application to CPC Mississauga or CPC Ottawa?

Can anybody confirm this please?
One thing I'm not completely sure ( sone other senior member can confirm please?) is that you might be able to choose Ottawa as your "outside of Canada office", as you have been legally admitted to Canada for at least a year. In that case your PR would be still outland but the second part could be handled in Canada, and much faster processing.

 

[steerpike]

If you apply inland, as soon as you send your application you are not supposed to leave Canada, but you have "implied" status, which means that even if your student visa expires during the process, you're legally allowed to stay in Canada.

This may be technically correct, however i think the best recomendation would be to try to renew the visa and keep a valid visa during the PR application process if at all possible for as long as possible. If you can't do that, then you can use the implied status described above, but that should be a last resort. Make every effort to keep a valid visa.

 

[ghazan]

Thanks,
Any comments from other members if "Ottawa CPP" can be considered "outside Canada office"? for applyuing from within Canada.

 

[amikety]

If you're able to gain entry into the US, you can use the offices in the USA. However, if you're denied entry into the US you'll miss your interview. That has a disastrous outcome as you can imagine.

Basically unless you're 110% you can get into the USA then apply to your one VO.

 

[ghazan]

If you're able to gain entry into the US, you can use the offices in the USA. However, if you're denied entry into the US you'll miss your interview. That has a disastrous outcome as you can imagine.
Basically unless you're 110% you can get into the USA then apply to your one VO.

Thanks,
Yes I have 5 years visa for USA, but the question is when I submit my application to CPC Mississauga, and put my visa office as CPP-Ottawa, will it be considered outland or inland?
As I have valid study visa until Mar 2014, after filing the application will I be able to go out of country and re-enter?

 

[Sweden]

Thanks,
Yes I have 5 years visa for USA, but the question is when I submit my application to CPC Mississauga, and put my visa office as CPP-Ottawa, will it be considered outland or inland?
As I have valid study visa until Mar 2014, after filing the application will I be able to go out of country and re-enter?

Inland and outland don't depend only on where you are... to be clear: for inland, you HAVE to be present in Canada.
For outland, you can be anywhere in the world, including Canada! as long as you use the outland forms, and send your application to Mississauga, then your application will be outland. There are plenty of people doing the outland process while residing in Canada, and it's not an issue.
If you apply outland, you're allowed to go in and out of Canada, as long as your study visa is valid. if you apply now, and things go well, and you are processed in Ottawa, you might have your PR before your study visa expires. If it's not the case, then you will have to extend your study visa.
Good luck,
Sweden

 

[amikety]

Thanks,
Yes I have 5 years visa for USA, but the question is when I submit my application to CPC Mississauga, and put my visa office as CPP-Ottawa, will it be considered outland or inland?
As I have valid study visa until Mar 2014, after filing the application will I be able to go out of country and re-enter?

Just FYI, CIC recommends you apply Outland if possible. They're revamped their site, so I don't know exactly where the information is now, but they do request Outland as much as possible. Of course, it's still your choice. It's more like they are asking nicely. If you're in a situation where leaving Canada would cause hardship or can't afford international travel to a VO for an interview, then applying Inland makes sense.

There is no guaranteed re-entry into Canada on a work, study, or visitor visa. It's unlikely you would be denied, but it can happen.