Trip to Denmark after applying for inland sponsorship with OWP. HELP!

[naye826]

"an OPW is easily obtained if you meet all the requirements", however it's quite difficult to meet the requirements. What would make him eligible?

The requirement for common-law sponsorship is that we have lived together consecutively for one year, which we are able to prove. We are both lawful citizens of our countries without any debt and have lots of proof for our relationship, cohabitation and shared expenses. What other difficulties do we meet in requirements? We got everything checked in the official sponsorship checklist and more.

 

[marpou]

OK. We understand the risk involved in sending off the application before or during the time my boyfriend is away from Canada and we are certain now that that's not a risk we want to take. So now, we just have to choose between applying once he's back or take the outland route. Do you know by chance how long an outland is expected to take during this time for a Danish citizen? We understand that the website states 12 months but then you hear about people can expect 4-5 months these days.

Also, our understanding is that an OPW is easily obtained if you meet all the requirements while sponsorship applications might be more tricky. And at least we want to make sure he is here for at least 1-2 more years with an OPW. We do not want to risk our chance and apply outland and have nothing at the end of all that waiting.

Thank you so much for your help.

I actually don’t know how long the outland process currently is on average. I think I read someone in these forums from Denmark who got it after 8 months, but I haven’t come actoss any specifically from Denmark since that, so it’s hard to tell just from one case. But I’m also not following the outland threads as much, since I am an inland applicant myself

I feel like the inland route is definitely the best option if you’re interested in the OWP. I believe the OWP is actually quite difficult to get otherwise - in fact, I don’t think you can get a OWP at all if you go the outland route.

 

[marpou]

"an OPW is easily obtained if you meet all the requirements", however it's quite difficult to meet the requirements. What would make him eligible?

I think she probably meant that while applying for inland PR sponsorship, you will likely get the OWP as long as you meet all the requirements

 

[zardoz]

The requirement for common-law sponsorship is that we have lived together consecutively for one year, which we are able to prove. We are both lawful citizens of our countries without any debt and have lots of proof for our relationship, cohabitation and shared expenses. What other difficulties do we meet in requirements? We got everything checked in the official sponsorship checklist and more.

You can submit an OWP application WITH an inland sponsorship application but of course it's directly linked to the progress of the PR application.
Outside of a PR application, it's only available under certain circumstances. Maybe I misunderstood your separation of the OWP and PR applications.

 

[naye826]

You can submit an OWP application WITH an inland sponsorship application but of course it's directly linked to the progress of the PR application.
Outside of a PR application, it's only available under certain circumstances. Maybe I misunderstood your separation of the OWP and PR applications.

oh yes. We're definitely applying the OWP WITH the inland sponsorship app.

 

[monkeys89]

OK. We understand the risk involved in sending off the application before or during the time my boyfriend is away from Canada and we are certain now that that's not a risk we want to take. So now, we just have to choose between applying once he's back or take the outland route. Do you know by chance how long an outland is expected to take during this time for a Danish citizen? We understand that the website states 12 months but then you hear about people can expect 4-5 months these days.

Also, our understanding is that an OPW is easily obtained if you meet all the requirements while sponsorship applications might be more tricky. And at least we want to make sure he is here for at least 1-2 more years with an OPW. We do not want to risk our chance and apply outland and have nothing at the end of all that waiting.

Thank you so much for your help.

You can only get an OWP if you apply inland. You can only apply inland if you are in Canada.

Outland and inland applications are both targeted to take 12 months for 80% of normal cases. The only applicants that are regularly taking less than that are outland American applications, but even then it's not guaranteed.

OWP are generally approved on inland applications if there are no issues with the documents.

 

[monkeys89]

Thank you for your response. We are now very clear that we do not want to misrepresent. So, the requirement for common law sponsorship is to live together consecutively for one full year and that it is okay to live apart after that and still be able to apply once we live together again. Should that be a problem if that is a longer period of time, say 2 months?

Good to know about the data-sharing agreement as well. We better have clear lines.

I've read differing opinions on this forum and a solid answer on separate living after establishing common-law through the 1 year may require a legal professional. My personal feeling is that if you've lived together for twelves months and then suddenly spend 1/6 of that same time apart, is your common-law relationship real? You may not "lose" common-law status, but you will raise red flags.

 

[naye826]

I actually don’t know how long the outland process currently is on average. I think I read someone in these forums from Denmark who got it after 8 months, but I haven’t come actoss any specifically from Denmark since that, so it’s hard to tell just from one case. But I’m also not following the outland threads as much, since I am an inland applicant myself

I feel like the inland route is definitely the best option if you’re interested in the OWP. I believe the OWP is actually quite difficult to get otherwise - in fact, I don’t think you can get a OWP at all if you go the outland route.

Thanks! We're pretty sure we are gonna go with inland route once he come back. Not sure if you'd know but would the border officers be fine with him coming in without a return ticket saying he is going to apply for in-land? What documents is required from him to show at the border? He is planning on arriving in Canada with an ETA.

 

[monkeys89]

Thanks! We're pretty sure we are gonna go with inland route once he come back. Not sure if you'd know but would the border officers be fine with him coming in without a return ticket saying he is going to apply for in-land? What documents is required from him to show at the border? He is planning on arriving in Canada with an ETA.

The border officer's concern is that he will overstay his visa (or visa-exempt period). Arriving at the border and clearly stating "I wish to stay here for at least 12 months while waiting a decision on PR" is possible, sure. There's something called "dual intent," but then he must also demonstrate an ability and capacity to leave before six months is up.

My suggestion is for him to arrive at the border and not proactively volunteer an intention to apply for a spousal sponsorship unless specifically asked, and then if he is asked, for him to specifically state that this is a dual-intent application. That means he must be ready to provide proof he will leave when his authorized stay has expired.

 

[naye826]

I've read differing opinions on this forum and a solid answer on separate living after establishing common-law through the 1 year may require a legal professional. My personal feeling is that if you've lived together for twelves months and then suddenly spend 1/6 of that same time apart, is your common-law relationship real? You may not "lose" common-law status, but you will raise red flags.

But are we really separately living if he is gone for 3-4-5 weeks? Wouldn't it make sense to go home to family for that amount of time before applying when you consider he has to stay in the country for a minimum of 12 months afterwards? He will still be having his address here, receiving letters here, etc.

 

[monkeys89]

But are we really separately living if he is gone for 3-4-5 weeks? Wouldn't it make sense to go home to family for that amount of time before applying when you consider he has to stay in the country for a minimum of 12 months afterwards? He will still be having his address here, receiving letters here, etc.

It's not up to me. It's up to IRCC. I don't believe you can "lose" common-law status but IRCC may have questions. They're looking for marriages of convenience - if it looks to them like you both stayed together for 12 months and then as soon as that clock stopped ticking you started living apart, they may ask more questions. You just need to be prepared to answer their questions, which it seems like you are.

 

[naye826]

The border officer's concern is that he will overstay his visa (or visa-exempt period). Arriving at the border and clearly stating "I wish to stay here for at least 12 months while waiting a decision on PR" is possible, sure. There's something called "dual intent," but then he must also demonstrate an ability and capacity to leave before six months is up.

My suggestion is for him to arrive at the border and not proactively volunteer an intention to apply for a spousal sponsorship unless specifically asked, and then if he is asked, for him to specifically state that this is a dual-intent application. That means he must be ready to provide proof he will leave when his authorized stay has expired.

Providing proof...a ticket going home after 6 months or money in our account showing we are able to purchase a ticket should be enough, ya?

Well his intention is of course to gain the work permit after 4-6 months and be able to stay. If that is declined then yes he will leave.

You are mentioning a dual intent application, is that an actual application or just naming our application that?

 

[monkeys89]

Providing proof...a ticket going home after 6 months or money in our account showing we are able to purchase a ticket should be enough, ya?

Well his intention is of course to gain the work permit after 4-6 months and be able to stay. If that is declined then yes he will leave.

You are mentioning a dual intent application, is that an actual application or just naming our application that?

A return ticket is a good idea. Just having money isn't.

Dual intent is discussed here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

 

[marpou]

Thanks! We're pretty sure we are gonna go with inland route once he come back. Not sure if you'd know but would the border officers be fine with him coming in without a return ticket saying he is going to apply for in-land? What documents is required from him to show at the border? He is planning on arriving in Canada with an ETA.

I personally didn’t have any problems at the border, but I did actually end up having a return ticket just because it was cheaper to get a return than one way.

I feel like he shouldn’t have any problems at the border as long as he can convince the officer that he will leave if he falls out of status. It would be a good idea to maybe bring a bank statement that shows he can afford to buy a plane ticket, for example. And if the subject of sponsorship comes up, it would be good to show that he knows the steps to stay in Canada legally (i.e. knowing he has to get a Work Permit before starting working, applying to extend visitor status if he wants to stay as a visitor longer than 6 months, etc.) but ultimately be clear that he will of course leave once/if he has to.

 

[naye826]

A return ticket is a good idea. Just having money isn't.

Dual intent is discussed here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

We are just wondering what the explanation should be on why he is in Canada for six months if he has a return ticket at that time. Especially if we did not want to volunteer information on our application to sponsorship unless asked.