Unique situation--Inland vs Outland

[AlexKaren]

Dear all,

Hoping someone can point me in the right direction. I've read time and time again that for 90% of cases that outland applications are the way to go. However, none the less, I am thinking Inland could be the right choice for us...

Here is the situation:

I am Canadian, born and raised. My (soon to be) wife is Chinese. We are currently living in Shanghai together. She has been to Canada before, and will go again for our wedding in a couple of weeks. Currently, I can see the processing time for Beijing applications is ~9 months +28 days to evaluate the sponsor = ~10 months total.

Inland is currently ~14 months to process.


So essentially a 4 month difference.

Where are situation might be unique is that I have the opportunity to take over a family run business in Canada, which would increase my income by about double, making it an attractive option to hurry up and move back .

Additionally, we are planning to have our first child soon after the wedding, so she would not be working anyways and no need for a work permit.

What are the likely obstacles we would run into if we were to travel back to Canada (Calgary) around Christmas time, and then cancel our return tickets. She would have a six month temporary visitor visa, if we did the inland right away, does she have the right to stay in Canada until a decision is made?

Any thoughts?

 

[Rob_TO]

Outland is typically the preferred choice for visa-exempt applicants, since they can usually travel in and out of Canada no problem during the process.

However if a special visa is required in advance (like for China passport holders), then often inland is the way to go if being together in Canada during the entire process is the most important thing.

If you apply outland and your wife gets a 6-month visitor visa, it may be difficult to renew this when it expires so she may be forced to return back to Shanghai.

If you can get a visitor visa then apply inland after you get here, then she's guaranteed to be allowed here during entire processing time, although she will not be able to leave Canada for any reason.

 

[Spikey92]

Also keep in mind that there is a strike going on. So your ~ 10 months will very likely be more so 14 or even more.

I would try to get a visitor visa,then go to Canada and apply inland.

Another thing to consider though is that your wife wont have any health coverage until she is granted PR(+3 months) so the childs birth and all the doctors appointment would need to get paid out of your pocket.

 

[Rob_TO]

Another thing to consider though is that your wife wont have any health coverage until she is granted PR(+3 months) so the childs birth and all the doctors appointment would need to get paid out of your pocket.

I believe in Alberta where the OP is heading, a resident can get health coverage for their spouse even if they aren't a PR, and there is no 3-month waiting period (that's mainly for Ontario and few other provinces). I've read several cases of this here.

 

[canadianwoman]

Get her health check done before she gets pregnant because the medical includes an x-ray. If she is pregnant, this will delay the processing of the application.
If you apply outland, you can send in the application right after you get married. If you apply inland, you have to wait until she is in Canada in December. (Of course, if you are getting married in Canada, this won`t make a difference.)

 

[canuck_in_uk]

Hi

Inland is actually around 16 months, as each stage is currently taking about 8 months.

From what you've said, I'm guessing she has a multiple entry TRV? If she is coming to get married on a single entry TRV and needs to apply for another to come back in December, there is less chance of being granted a TRV once she is married to a citizen. If she has a multiple entry visa, then she should be fine.

Note that the inland PR app doesn't give her Implied Status, which is what would allow her to stay in Canada once her visitor status expires. Implied Status comes from the submission of an Open Work Permit application together with the PR application. She will then allowed to stay (on Implied Status) until a decision is made on the OWP app. The OWP will be approved once you are approved to sponsor and will give her valid status until she is granted PR.

 

[AlexKaren]

Thanks all, actually it is a single entry TRV. We had planned to apply for the multiple entry visa after arriving back in China after the wedding. Unfortunate that the chances are decreased, hopefully we have no problem, so we can follow this plan.... I would think it would be okay, as if we weren't planning to return to Canada and simply live in China, we would still want to visit my family...no?

So essentially, we will need to apply for the PR and OWP, which works out will as she will help me run the business...Would I be correct to assume that with implied status she would be able to access Alberta Health Care??

Thanks again to everyone for helping out.

 

[Rob_TO]

So essentially, we will need to apply for the PR and OWP, which works out will as she will help me run the business...Would I be correct to assume that with implied status she would be able to access Alberta Health Care??

Note she will need to wait around 8+ months to get the OWP.

Others experiences i've read from Alberta, show that some people can get healthcare for their spouse even if they are here on a visitor or student visa. But people's experiences seem to vary. It's best to post this question to the health care section of this forum: http://www.canadavisa.com/canada-immigration-discussion-board/health-b40.0/

 

[canuck_in_uk]

Thanks all, actually it is a single entry TRV. We had planned to apply for the multiple entry visa after arriving back in China after the wedding. Unfortunate that the chances are decreased, hopefully we have no problem, so we can follow this plan.... I would think it would be okay, as if we weren't planning to return to Canada and simply live in China, we would still want to visit my family...no?

So essentially, we will need to apply for the PR and OWP, which works out will as she will help me run the business...Would I be correct to assume that with implied status she would be able to access Alberta Health Care??

Thanks again to everyone for helping out.

Being married to a Canadian can really affect the chances of getting a TRV, especially if CIC thinks you have no plans to actually return to China. She will need to show strong ties to China, like job, property etc.

For the Alberta healthcare, I suggest you ask amikety, one of the senior members, as she has been in Alberta for quite awhile as a visitor and has advised several others about it.

 

[AlexKaren]

Hmm.... Understand. I didn't think it would be an issue to even get the temporary visitor visa.... Would a Temp. Work permit also have a high rate of rejection due to her being married to a Canadian? The business we will take over is operated from a small town in central alberta, where it is hard to find cheap labor that is living locally....Perhaps better to arrange some kind of work permit from China first, and then apply inland after arrival...

 

[canadianwoman]

Her already having received one TRV and not misusing it by overstaying does make it more likely she will be able to get another. A Canadian spouse, on the other hand, makes it less likely she will be able to get one. I would try applying for the TRV soon; if it is rejected, then at least you can make plans for what to do instead.

 

[canuck_in_uk]

Hmm.... Understand. I didn't think it would be an issue to even get the temporary visitor visa.... Would a Temp. Work permit also have a high rate of rejection due to her being married to a Canadian? The business we will take over is operated from a small town in central alberta, where it is hard to find cheap labor that is living locally....Perhaps better to arrange some kind of work permit from China first, and then apply inland after arrival...

A work permit is also a temporary visa, so CIC will still look at the fact that she is married to a Canadian. I don't think there is more or less chance of rejection for either visa. As said above, she should try for the TRV, there is always a chance it will be granted.

If it isn't granted and she wants to try for a work permit, it's a bit more complicated. The business would need to obtain a positive Labour Market Opinion from HRSDC (basically permission from the government to hire a foreigner instead of a Canadian). With a job offer and a positive LMO, your wife could apply for a work permit but like the TRV, approval isn't guaranteed.

 

[AlexKaren]

Good news. We got the Temporary Visa, so that step is out of the way. Need to set a date to go back now. We both plan to quit our jobs here in China electronically from Canada (I know, terrible way to do it, but I don't want to be put in the position to decide to lie about having a job in China if i have already quit)