Traveling outside of Canada after inland application

[addicted2tennis]

Hi everybody, I'm an Italian citizen and resident, currently living in Québec with my fiancee on an ETA. We have 2 kids and we are getting married in three weeks. After the wedding I'm planning to start the process for my PR application (spouse sponsorship). I'm still debating whether I should apply as inland or outland and that's why I'm asking for advice to you guys. I work as an International tennis chair umpire, so I travel very often for work trips (at least that was the case before the pandemic, as I'm not working since March). Usually my trips last from 1 to 3 weeks each, but last year I had to travel to Europe for one month in May. As far as I understood, I can still travel outside of Canada even if I apply as inland, but if for any reasons I will be denied entry in Canada at the immigration, my application will fail. Is that correct? I like the inland option as it would give me the opportunity to apply for a work permit and it would also allow me to apply for a Québec driving license, but on the other hand I'm concerned about the traveling issue.
Considering all these factors, which option would you recommend and why? Thanks a lot to you all for your help, very much appreciated.

 

[scylla]

Hi everybody, I'm an Italian citizen and resident, currently living in Québec with my fiancee on an ETA. We have 2 kids and we are getting married in three weeks. After the wedding I'm planning to start the process for my PR application (spouse sponsorship). I'm still debating whether I should apply as inland or outland and that's why I'm asking for advice to you guys. I work as an International tennis chair umpire, so I travel very often for work trips (at least that was the case before the pandemic, as I'm not working since March). Usually my trips last from 1 to 3 weeks each, but last year I had to travel to Europe for one month in May. As far as I understood, I can still travel outside of Canada even if I apply as inland, but if for any reasons I will be denied entry in Canada at the immigration, my application will fail. Is that correct? I like the inland option as it would give me the opportunity to apply for a work permit and it would also allow me to apply for a Québec driving license, but on the other hand I'm concerned about the traveling issue.
Considering all these factors, which option would you recommend and why? Thanks a lot to you all for your help, very much appreciated.

If you travel very often, inland isn't going to work. Inland requires you to be cohabitating with your spouse inside of Canada. If you're traveling a great deal of the time then IRCC may question if you meet the cohabitation requirement for inland, apply outland. My two cents.

 

[addicted2tennis]

Thanks Scylla. What are exactly the requirements of cohabitation? I was thinking to bring with me a copy of the house lease, bank account, phone bills which all shows my address and can prove that I actually live there, along with a letter from my employer saying that I need to travel outside of Canada in order to work. Are you saying that they don't care of all these things and because of my frequent trips my application will be rejected? Does it matter just the length of each single trip or also the amount of trips I would make outside of Canada, regardless how short they can be? Thanks so much for your help!

 

[canuck78]

Thanks Scylla. What are exactly the requirements of cohabitation? I was thinking to bring with me a copy of the house lease, bank account, phone bills which all shows my address and can prove that I actually live there, along with a letter from my employer saying that I need to travel outside of Canada in order to work. Are you saying that they don't care of all these things and because of my frequent trips my application will be rejected? Does it matter just the length of each single trip or also the amount of trips I would make outside of Canada, regardless how short they can be? Thanks so much for your help!

You actually have to be physically living with your spouse.

 

[addicted2tennis]

Thanks Canuck, I do understand this, but there must be some guidelines regarding how many days you can spend outside of Canada after you apply. I think there must be a way to prove that I do live in Canada with my spouse but that at the same time my job requires me to travel out of the country, therefore it should be considered some kind of essential traveling, and not some random vacation. Does this make any difference or they don't really care what's the reason why I would travel so often?
Thanks a lot for your help.

 

[canuck78]

Thanks Canuck, I do understand this, but there must be some guidelines regarding how many days you can spend outside of Canada after you apply. I think there must be a way to prove that I do live in Canada with my spouse but that at the same time my job requires me to travel out of the country, therefore it should be considered some kind of essential traveling, and not some random vacation. Does this make any difference or they don't really care what's the reason why I would travel so often?
Thanks a lot for your help.

You have the Outland option while living in Canada if you need to travel.

 

[screech339]

Thanks Canuck, I do understand this, but there must be some guidelines regarding how many days you can spend outside of Canada after you apply. I think there must be a way to prove that I do live in Canada with my spouse but that at the same time my job requires me to travel out of the country, therefore it should be considered some kind of essential traveling, and not some random vacation. Does this make any difference or they don't really care what's the reason why I would travel so often?
Thanks a lot for your help.

If you want the flexibility to spend a lot of time outside Canada and is an important factor for you while waiting for PR application, applying outland serves this purpose. You can apply for Outland PR while residing inside Canada. Inland PR does not allow the flexibility to leave and enter Canada as you please whereas Outland PR allows you complete unfettered freedom to leave Canada without jeopardizing your PR application.

Here are the limitations of either route:

Inland:

You are expected to remain in Canada with your spouse during the entire process.
You can land as PR without having to leave Canada and re-enter (flagpole)
You could apply for OWP (work permit) that allows you to work while waiting for PR. (not sure if this OWP pilot is still active)
If you leave Canada and get denied re-entry, your application is pretty much dead. You would have to re-apply as outland.
Processing time tends to be longer since spouses are already living together,

Outland:

You are free to leave Canada and re-enter Canada without affecting your application. If you get denied re-entry, your PR application still goes ahead.
If there is any interview required, it will have to be done at a Visa Office in Italy, You have no choice but to leave Canada and attend interview there.
Processing time is much shorter than inland. (Canada prioritize outland applicants over inland applicants) Family reunification more important.
You can flagpole at US border and land as PR on return.

 

[addicted2tennis]

Thanks a lot Screech. I would like to apply inland as it would give me the chance to apply for a OWP and if I get that, for a Québec driving license, which I really need. I had different opinions about traveling while on an inland PR application. As far as I understood I would still be allowed to travel, but if for any reasons they deny entry at the border then my application will fail, which wouldn't happen in case I apply outland. If I can prove that all my trips are work related (for example providing a letter from my employer), would this help to show the immigration officers that I still live in Canada and I'm traveling uniquely for work purposes as I need to earn money to provide for my family? It looks a very reasonable explanation to me, but I have no idea whether this would actually work or not. Thanks a lot!