US. Citizen being Sponsored by Common-law Canadian/Inland vs. Outland/Other

[Biehn]

Hello,

I am 20 year old U.S. Citizen(Living in California). My fiance and I met online, and eventually I moved to Canada to live with her. I've been in Canada for over a year now, and we are now considered Common-law partners. We've been meeting the criteria the CIC wants for Common-law for the past year. Also, I have absolutely NO Criminal Record, or Driving problems. I have a spotless record highlighted by many awards, achievements, and success even for my young age. In fact, at one point a border guard looked at my resume and called me a "liar". He ended up making the calls and found out what was written was true. Anyway...

We are now getting ready to apply for the Permanent Residency Application with Open Work Permit. In that regard I have a few questions in regards to which method(Inland vs. Outland), but first let me make clear what I am going for.

I want to become a Permanent Resident of Canada. My plane ticket should bring me back to Alberta(where I have been residing) on the 29th of March. I've only been away on Vacation, so this visit to back home shouldn't cause a problem in relation to the 12 months of living together without an interruption. When I return to Canada we intend apply for Permanent Residency. I would like to work as soon as possible. She can afford it just fine on her own, but it sort of rests heavy upon my heart to just be "around" while she works. None the less, the ultimate goal is Permanent Residency and NOT having to be away from her.

My questions are:

1. Which is faster in acquiring an Open Work Permit, Inland or Outland?
2. Which is faster for gaining Permanent Residency over all, Inland or Outland?
3. Price-wise, are either more or less expensive?
4. I have an appointment to get my Medical Exam done in Canada on the 1st of April. I know the Exam remains valid for 1 year, but can it be used for either Inland or Outland applications? I don't want to waste $345 dollars and the photos.
5. I am also in the process of waiting here back from Subway in regards to getting a Work Permit. Odds are very well they claim.
6. In regards to finances, I personally have over 10,000 in my account, in our joint account we have a few thousand. Do these numbers matter?
7. Any tips, pointers, or guides? I've spent countless hours on the CIC website reading every piece of material they have to offer, and it often confuses me more.
8. Is using an agent/lawyer worth it? The steps seem basic. Form instance, I got my Work Permit all on my own, even went to the border myself and got it/paid for it.
9. Also, in regards to the criminal background check, I don't know what to do. On the CIC site I sweat I saw it say that you only need a background check if they request. Then other times it seems like it is required. If it is required, how do I go about getting what they want? I called the local Police Station and they never heard of "Request for Police Certificate/Clearances and Authorizations for Release of Information.
10. Do I need fingerprints?


I think that is all for now. Responses are greatly appreciated along with any tips, hints, ideas, suggestions.

Respectfully and in deep appreciation,

-Robert

 

[pinklady]

Read the post at the top by Leon - this is the best advice and explains concisely the whole process.

Outland is much much faster. You don't get an OWP after first stage approval, but once you have the PR and have landed you can get a SIN and work. But usually the whole outland process is finished before first stage approval inland which is when you get the OWP.

The amount of money you have won't make a difference.

Both inland and outland cost the same (I think!)

I would assume its the same medical for both inland and outland.

Don't get a lawyer, just read the forms carefully.

Hopefully you have started gathering all the documents and paper work by now. It takes a lot longer than you might think. Read the document checklists especially carefully. Your fiance will need an option C printout which can take a few weeks to obtain. I would also say practise filling out all the forms first and keep copies of all the completed forms and docs you send.

Be patient and good luck!!!

 

[kelKel]

You would definitely go the Outland route being an American. As Pinklady already said you'll most likely have full PR well before you'd get to the first stage with an inland application, as well you have no right of appeal with an inland application. There are few cases where an American would choose the inland route.

In the region specific guide for North America you'll find a form to bring to your medical. The dMP will give you a green form back with photo attached to include with application.

Read the guide thoroughly 3 times and then start filling out the forms. Make sure you have Alot if proof of your one year cohabitation and well as proof of a genuine relationship.

 

[fleo]

9. Also, in regards to the criminal background check, I don't know what to do. On the CIC site I sweat I saw it say that you only need a background check if they request. Then other times it seems like it is required.

If I understood the USA process correctly, you will need state police certificate if it's requested; FBI clearance is mandatory. You will also need one for every country you've lived in for more than 6 months - excluding Canada itself, where again you will have to obtain a police certificate only if requested.

Read the guide a few more times, try filling out the forms to see if everything makes sense, then come back with any questions you might have

 

[Biehn]

Alright,

I think my fiance and I have definitely decided to go with the Outland application. I think I read somewhere that even if you apply Outland, you can still stay with your fiance if your approved to be in Canada. Not sure if that makes sense. I don't mind flying back for an interview.

It hurts my pride to say this, but the whole concept it so daunting. I've gone through so much just to be able to be with the woman I love. It is so hard to be away from her...so hard that I try everyday to do whatever I can to get myself to her so I can hold her at night.
That cheesy line aside, the papers seem overwhelming, and often vague. I've read the guide, but I'm not sure I fully understand the WHOLE Process, Step-by-Step to doing an Outland Permanent Residency Application(but still remain in Canada). If I may so humbly ask, is there any experienced individual willing to help walk me through the process/experience? I can do phone, Skpye, Email, or stick to this form. Doesn't matter to me, I just want to get this done and do it right the first time, it is torture to be away from her.

Respectfully,

-Robert

 

[Baloo]

Alright,
I'm not sure I fully understand the WHOLE Process, Step-by-Step to doing an Outland Permanent Residency Application(but still remain in Canada). If I may so humbly ask, is there any experienced individual willing to help walk me through the process/experience?

Start on the copies of the all the forms and try to complete them, when you get stuck add a question to a list - when you have filled out everything to the best of your ability, come back here and ask the questions.

 

[canadianwoman]

I think I read somewhere that even if you apply Outland, you can still stay with your fiance if your approved to be in Canada. Not sure if that makes sense.

You can stay with her even if you apply outland. You are allowed into Canada as a visitor, and can extend your stay.

You need fingerprints and the FBI clearance, which should be sent in with your application. If they want the state clearances they will ask for them later.

 

[Love_Young]

My questions are:

1. Which is faster in acquiring an Open Work Permit, Inland or Outland?
2. Which is faster for gaining Permanent Residency over all, Inland or Outland?
3. Price-wise, are either more or less expensive?
4. I have an appointment to get my Medical Exam done in Canada on the 1st of April. I know the Exam remains valid for 1 year, but can it be used for either Inland or Outland applications? I don't want to waste $345 dollars and the photos.
5. I am also in the process of waiting here back from Subway in regards to getting a Work Permit. Odds are very well they claim.
6. In regards to finances, I personally have over 10,000 in my account, in our joint account we have a few thousand. Do these numbers matter?
7. Any tips, pointers, or guides? I've spent countless hours on the CIC website reading every piece of material they have to offer, and it often confuses me more.
8. Is using an agent/lawyer worth it? The steps seem basic. Form instance, I got my Work Permit all on my own, even went to the border myself and got it/paid for it.
9. Also, in regards to the criminal background check, I don't know what to do. On the CIC site I sweat I saw it say that you only need a background check if they request. Then other times it seems like it is required. If it is required, how do I go about getting what they want? I called the local Police Station and they never heard of "Request for Police Certificate/Clearances and Authorizations for Release of Information.
10. Do I need fingerprints?

ANSWERS:
1. You can only obtain an OWP when apply Inland and that is only if you are approved for first-stage approval after 9-10 months of waiting.

2. Outland is faster than Inland. You could be done with Outland in about 4-6 months versus 9-10 months for ONLY half of the process Inland.

3. They are both the same: $1,040 CAD. But of course there will be miscellaneous costs, this price is just the standard fee for the process.

4. No, the Inland and Outland forms are different. You will need to read the Buffalo region specific guide for that. Outland you get a form back from the DMP. Inland you only need to include a receipt as proof of having medical done by the DMP. See the difference?

5. Not sure what you mean by this. So not sure how to answer here.

6. Finances do not play a part. As long as the sponsor is not under social assistance, has declared bankruptcy, or will be sponsoring their children's, children then the amount of money you have does not play a factor in the sponsors approval.

7. You will have to be a little bit more specific on what you are looking for tips on. I could help more with this if I knew what you were wanting advice on.

8. No, an agent or lawyer is not needed to complete the forms. Unless you would like to have one then it isn't necessary.

9. You will need an FBI clearance which can take anywhere from a few weeks to a few months to obtain so you want to apply for that soon. You will need to get your fingerprints taken and fill out a form from the FBI site then mail it off. They will mail the results back to you. State clearances are not always needed but I would advise to do it anyway to be safe. You will need to look up for the your states requirements on obtaining a clearances from them. Police clearances are only valid for 6 months and they can be no older than 3 months by the time they receive them.

10) Yes, you will need fingerprints to receive a background check from both the federal and state.

P.S. I want to make it clear that there is no such thing as "first stage approval" with outland. That is sponsor approval. "First stage approval" is for inland applications and usually means not only the approval of the sponsor but of the genuineness of the relationship. The sponsor approval is only approval of the sponsor assessment. Not sure why everyone calls it "first stage approval" when they are only receiving sponsor approval outland.

 

[canadianwoman]

By the way, the sponsor does not need money or a job to sponsor a spouse or partner, so in that sense the money in your bank accounts is not relevant. But the visa officer does want to see proof that the couple will be able to support themselves once the PR visa is granted, so I would include proof of your savings in your application - as part of the plans you have made to settle in Canada. A joint bank account is also good proof that the relationship is genuine.

 

[Biehn]

Hello,

All the information I've been getting is wonderful and enlightening. Thank you so much! It is a bit comforting. A few more questions that have come forth are...

My fiance and I have decided wholeheartedly that we will be going the Outland route. The only reason we thought about going the way of Inland was because we just wanted to be able to stay together. Being apart is devastating.

Right now/this week I am going to be in the process of gaining my FBI and State Record/Security/Background Clearances/Certificate/Approval. I'll make sure to put the FBI Front Cover on the front of my application and on the envelope. In all hopes this will help speed up the process. I had no idea it would take 12-16 weeks. What a long time to wait!

Now then, a few more questions have flooded my mind...

1. Is there just one BIG and COMPLETE list of every single document/paper that is needed for the entire process? I don't want to miss a thing, especially since losing 1,400+ dollars would be horrible.

2. Does the DMP send the medical exam off, or do I take it and send it off with my application?

3. Do the clearances from the FBI and my State get sent to me and I send them off with my application? Or do THEY send them off?

4. Now that I intend to stay in Canada and apply Outland, are there any difficulties that might arise with that choice?/If I don't get the Work Permit that I hope to, how do I still get to being able to stay with my common-law partner while the application is processing? Silly as it sounds, I really don't want to leave her.

5. How should I speak/what should I say to the border guards when I return on the 29th of March? I am returning so that her and I can fill out the papers together, so that we can see Video Games Live together, so that I can go through the Medical Exam, so I can speak to the DM of the Subway I hope to work at/that is currently processing my LMO, and so that I don't have to be away from her and break the chain of being Common-law? I don't want any problems.

6. What are considered supporting documents for the common-law relationship? I'm trying to get friends and family members to write an email bout our relationship, we already have an established rental lease together, utilities together, joint-bank account together, I'm on her will, many saved conversations over IM, two birthday videos she sent to me for my birthdays, a few saved texts and the history on the phone bill of ALL our texts(which are a TON), I've proposed to her twice, and she said yes both times(I did it to be sweet and also because the first time I didn't have the ring I wanted to give her), I've brought her to California to meet my friends and family. What else can I do to strength the validity of the relationship? Our relationship is incredible, per-say and I say it humbly, but we've been through so much just to be together for the time that we have had and have only grown stronger in our love. How can I prove that to them?

7. The mass amounts of paperwork feels overwhelming. Any suggestions on how to keep it organized?

Phew! That's a lot, I hope it doesn't annoy you.

In humble appreciation,

-Robert Biehn

 

[fleo]

1. Is there just one BIG and COMPLETE list of every single document/paper that is needed for the entire process? I don't want to miss a thing, especially since losing 1,400+ dollars would be horrible.

It is aptly named "Document checklist" and you can find it in the application kit. Bear in mind that it doesn't explicitly include relationship evidence you will need to send, as the choice of that is up to you, and make sure you read the photo specifications carefully.

2. Does the DMP send the medical exam off, or do I take it and send it off with my application?

There is a form you will take with you and give to your DMP when you go get the exam; they will fill this out for you as evidence that the exam was taken and you will include it with your application. The results of exam itself will be sent (by the DMP) to a regional medical centre and when your visa office reaches that processing stage they will request it from there.

3. Do the clearances from the FBI and my State get sent to me and I send them off with my application? Or do THEY send them off?

They get sent to you and you send them with the application.

4. Now that I intend to stay in Canada and apply Outland, are there any difficulties that might arise with that choice?/If I don't get the Work Permit that I hope to, how do I still get to being able to stay with my common-law partner while the application is processing? Silly as it sounds, I really don't want to leave her.

You are allowed to stay in Canada as a visitor for up to 6 months at the time, and you can extend that status from within Canada as needed. You will need a form called "Application to change conditions, extend my stay or remain in Canada" - a month before your status expires you will fill it out and send it, together with a $150 fee and proof of your PR application being submitted, to CPC Vegreville.

6. What are considered supporting documents for the common-law relationship? I'm trying to get friends and family members to write an email bout our relationship, we already have an established rental lease together, utilities together, joint-bank account together, I'm on her will, many saved conversations over IM, two birthday videos she sent to me for my birthdays, a few saved texts and the history on the phone bill of ALL our texts(which are a TON), I've proposed to her twice, and she said yes both times(I did it to be sweet and also because the first time I didn't have the ring I wanted to give her), I've brought her to California to meet my friends and family. What else can I do to strength the validity of the relationship? Our relationship is incredible, per-say and I say it humbly, but we've been through so much just to be together for the time that we have had and have only grown stronger in our love. How can I prove that to them?

Everything you listed seems pretty solid to me, but don't forget to include a lot of photos as well - from different times of your relationship, from any trips you've taken together (any plane tickets or hotel bills you have for that should also be included), with each others families, with mutual friends, from the engagement party if you had one... you get the picture

7. The mass amounts of paperwork feels overwhelming. Any suggestions on how to keep it organized?

Organize it in any way that seems reasonable to you (for instance, I divided mine into Application forms-Documents-Supporting evidence piles), make a table of contents and stick to it. During the time you're "just" organizing you can use as many paperclips and post-its as you like ... just make sure they don't get sent with the rest.

 

[Biehn]

Thanks!

Again, the responses are amazing and so helpful .Working on taking the advice and applying it. We are following the steps for applying Outland.

I had two questions to add on. It is in regards to the Security Clearances/Background Check. What do I do with these two forms:

"Request for Police Certificates/Clearances and Authorization for Release of Information".

and

"Fingerprints Request Letter"

-Where do I send those?
-What papers do I send them with? As in, do they get sent with my PR Ap? Do they get sent to the FBI, to the State, or where?

Thanks a ton, I hope you know what I'm talking about and that this isn't a problem to you.

Respectfully and in Appreciation,

-Robert Biehn


Also, of the Immigrant's paperwork "Application for Permanent Residence in Canada"(IMM 0008 F * Generic), how do I answer these question:

There is a section for the Immigration Picture it says "Space Reserved for Applicant's Photo" and another space that says "Date of receipt stamp at post".
Do I put the photos there? What receipt? Any other information in regards to these?

9. "Your Current Marital Status"
I checked off Common-law
Then it says...
"If you are married or in a common-law relationship,
provide the date on which you were married or entered the common-law relationship."
Does that mean the day we started living together? Or does that mean the date of our 1 year cohabitation together?

13. "Your current occupation"
What should I answer?
I am currently a:
-Standby EMT
-Fitness Instructor
-Recreational Aid

Those all won't fit in the little box. What should I do/answer?

19. "Your identity card number, if applicable"
What is an identity card number? Do I need one? How do I get one if I do?

"Details of Family Members Page"(IMM 0008 F * Generic Page 2).
I don't understand what it means in the top when it says "You must include your spouse or common-law partner, if applicable..."
Does that mean I put my fiance into that section? Or, what do I put there? What does that part mean?

On the "Sponsored Spouse/Answer Questioner"(IMM 5490 F)

Question 30 is "Do you receive financial support from your sponsor?"
Since we have joints bank accounts, pay the bills together, buy things together, does that count as support? Or do they mean am I dependent, essentially, on her?

 

[Biehn]

I added questions on my above post. Please, if you can, help me to understand the questions they are asking.

Thank you!

-Robert

 

[Baloo]

Thanks!

Again, the responses are amazing and so helpful .Working on taking the advice and applying it. We are following the steps for applying Outland.

I had two questions to add on. It is in regards to the Security Clearances/Background Check. What do I do with these two forms:

"Request for Police Certificates/Clearances and Authorization for Release of Information".

and

"Fingerprints Request Letter"

-Where do I send those?
-What papers do I send them with? As in, do they get sent with my PR Ap? Do they get sent to the FBI, to the State, or where?

Thanks a ton, I hope you know what I'm talking about and that this isn't a problem to you.

Respectfully and in Appreciation,

-Robert Biehn


Try running through this lot, it should have the details you want. http://www.cic.gc.ca/english/information/security/police-cert/index.asp


Also, of the Immigrant's paperwork "Application for Permanent Residence in Canada", how do I answer these question:

There is a section for the Immigration Picture it says "Space Reserved for Applicant's Photo" and another space that says "Date of receipt stamp at post".
Do I put the photos there? What receipt? Any other information in regards to these?

Do not attach a picture

9. "Your Current Marital Status"
I checked off Common-law
Then it says...
"If you are married or in a common-law relationship,
provide the date on which you were married or entered the common-law relationship."
Does that mean the day we started living together? Or does that mean the date of our 1 year cohabitation together?

Depends on how long it took you
cohabitation date.

13. "Your current occupation"
What should I answer?
I am currently a:
-Standby EMT
-Fitness Instructor
-Recreational Aid

Those all won't fit in the little box. What should I do/answer?

Refer to an attachment page and add the detail there; on the attachment, state your name. the form number and the question (and number) that you are answering.

19. "Your identity card number, if applicable"
What is an identity card number? Do I need one? How do I get one if I do?

Nope, you have a passport.

"Details of Family Members Page".
I don't understand what it means in the top when it says "You must include your spouse or common-law partner, if applicable..."
Does that mean I put my fiance into that section? Or, what do I put there? What does that part mean?

On the "Sponsored Spouse/Answer Questioner"

Question 30 is "Do you receive financial support from your sponsor?"
Since we have joints bank accounts, pay the bills together, buy things together, does that count as support? Or do they mean am I dependent, essentially, on her?

You support each other.

When you refer to forms, it helps if you give the IMM???? number.

 

[Biehn]

I'm sorry! What a stupid mistake.

I fixed it to where the IMM etc.. is to the left of each title page. If that makes sense.