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US outland applicants' thread :)

OhCanadiana

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humble01 - a few thoughts based on your posts:

1) The section you extracted from the link in GOGOGO's post is from a lengthy discussion on residency requirements across all application streams in OP-1. You can't extract one section of a paragraph out of context from 4 pages of intricate discussion in sections 5.16 and 5.17 of OP1 and reach conclusions without considering the context of the paragraph the regulations nor the application stream.

2) Unlike foreign skilled worked applications (FSW), you - the principal applicant (PA) - doesn't mail the application to CPC-M in family class sponsorship cases (the focus of this thread). The sponsor mails the application including the sponsor's section and the principal applicant's section. For reference, in FSW, the PA mails the entire application themselves so the PA's location becomes more relevant.

3) Unlike FSW applications which allow the PA to select the visa office they would like to consider their case, the visa office is not your choice for family class applications. CPC-M will determine the country of residency for you during step 1 and will mail the application to the relevant visa office:
"Special procedure for the family class
The application for permanent residence for members of this class no longer gives applicants a
choice as to which office will process their applications. CPC-Mississauga, which receives the
applications, will make this determination pursuant to R11 and will forward the file to the
appropriate visa office. The option of selecting the office where the sponsor wanted the
application to be processed has been deleted from the "application for sponsorship and
undertaking."
Source: final paragraph of Section 5.17 of OP-1

Usually they will select the country of residency, but they can also select the country of nationality depending on the specifics of your case, your residency status and R(11)(1)(a).

4) Visa Offices can - and DO - transfer files to ensure they can assess a case with the knowledge required to maintain the integrity of the visa program. They can either forward the whole case or sections for assessment by the experts. You can't stop them.

From the limited information you've shared, a few additional considerations:

(A) You haven't mentioned your country of residence, but since this is the US outland thread, let me assume you are a US resident. Keep in mind that as a resident of the US there are specific rules to keep the US residency and you'll lose it if you don't abide by the rules (e.g. if you have a student visa but aren't studying you lose your status so you wouldn't be legally admitted for a year currently anymore unless you have OPT approval, if you have a Green Card but don't pay taxes as a US resident you'll lose your PR status, you'll also lose PR status if you aren't in the US sufficient days, etc). So, depending on how long you've been in Canada you may no longer even be a resident of the US.

(B) If you are wondering why the Accra Office is slower than others, reading the Audit of the Accra Office may help you understand the challenges they are facing, for example:
"1.1.2 Environmental Context

The following is an overview of the environmental context within which the mission conducts and manages its operations. The information is provided as part of the background to the audit and is not listed in any particular order. Mission management has identified the following challenges and opportunities related to its operating environment.

The presence of fraud in the operating environment - Application fraud in the permanent and temporary resident programs is widespread and targets all categories with most fraud related to issues of identity, relationship and age. The lack of reliable identity and civil registration processes remains at the root of the challenges in the delivery of visa services in the region.
...
Communications challenges - Mail service in the region is extremely unreliable, courier charges are very expensive and e-mail is not as widespread as in many other parts of the world. In addition, many sponsored clients use a Canadian address for all correspondence, creating processing delays for time-critical categories, such as Family Class priority cases. One alternative that may offer opportunities to improve communication within the region is the prevalence of cell phones. It will, however, require some effort to explore whether information technology products can be implemented to exploit this technology."
Source: http://www.cic.gc.ca/english/resources/audit/accra.asp


(C) This is the US outland applicant's thread for family class sponsorship. If you aren't a US resident or aren't a family class applicant, let us know so we can point you to better places for the conversation so the right people see your thread and can help you (e.g., there is a separate London thread where they can guide you with the London intricacies, if you have questions on Accra you really want to have canadianwoman see your thread since she's an expert in the Accra Office).

(D) Some advice (and a warning): Don't try to play games with CIC. I realize it may just be miscommunication because you are trying to maintain your privacy and that the facts may be very complicated in your case so the contradictions that seem to be emerging in what you are saying are explainable. HOWEVER, if you are fishing for information and trying to fudge the facts to avoid the Accra Office because you are concerned with the timing element be VERY careful. If you misrepresent the facts to CIC your wait can be much longer that the 24 months ... you can even be permanently excluded from Canada. There are perfectly legal solutions that could make more sense, like inland applications.
 

parker24

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I'll see if I can sort this out.

You are not a citizen of UK, but you have lived there for some years. You CAN apply though there.

However, do you need a visa from your country where you were born and raised to visit Canada? If so, it will be VERY difficult to applying outland inside of Canada, unless you apply inland. If not, then you can apply outland, while in Canada.

Like OhCanadiana said, don't play games with CIC, they can and will find out anything about you easily. And if you lie or leave something out that is important, you can and will be banned, possibly forever. It's not fun, the waiting process, but we all have to go through it. My sister has a friend who married a Mexican man, they waited two years before he finally got his PR...

So all in all, be careful what you do on those forms. If you have lived in the UK, you can apply via outland from Canada. But that's if you were living there legally.
 

humble01

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I ain't trying to play games with CIC. I just want to know if I can apply out-land via the London office, that's was why I asked. sincerely speaking, I am considering the options available to me IF My application could be processed by another faster visa office instead of the Accra office when applying out-land since I legally reside in the region that the London visa office serves.

@ohcanadiana

I don't reside in the USA. I know this is not a London thread. But i decided to post it here, maybe someone with a reasonable idea could help out

but thank guys, you are all helpful
 

Kiri

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It would seem my post got taken wrong by some but thank you ohcan and parker.. your lines about fishing for ways to avoid the timing, etc were my biggest points. The fairness is an after thought. But you express it better than I when it comes to stating that if its only about avoiding timing then it won't work and isn't fair. Thanks and sorry if my post was taken bad. I was merely stating the truth.

Good luck humbles in whatever you do.
 

OhCanadiana

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humble01 said:
I ain't trying to play games with CIC. I just want to know if I can apply out-land via the London office, that's was why I asked. sincerely speaking, I am considering the options available to me IF My application could be processed by another faster visa office instead of the Accra office when applying out-land since I legally reside in the region that the London visa office serves.

@ ohcanadiana

I don't reside in the USA. I know this is not a London thread. But i decided to post it here, maybe someone with a reasonable idea could help out

but thank guys, you are all helpful
Humble01 - I found this January post of yours:

humble01 said:
hello,

I am a foreign national with a schengen resident permit for studies in Finland, i want to visit my friend in Canada during summer 2012 and to see how the country look like, I am a first year student studying in the university here, our summer vacation start from mid may and school resumes back in September, I am going to send my application probably during april to the london office in other to give chance for enough processing time, I started my studies here in sept 2011 I have been reading several thread on these forum and noticed that many people are denied based on ties to their home country or the country where the application is made from of which they are legally admitted to.

I don't know whether for the fact that I am a student here is considered as tie enough for the visa officer to issue me a visa, I will be staying with my friend and also, I will be sponsoring myself throughout my trip and I will be having about CAD $4000 on the bank statement but otherwise if these is not enough, is it accepted if I am being sponsor throughout the trip by my parent ? my parent don't live here, they live in my home country.

i don't have a good travel history i think, i have never being denied a visa before and I have been to only two countries, Ghana and Finland,of which I am currently in now.


PLS GUY, TELL ME WHAT YOU THINK IF I CAN BE ISSUED THE VISA BASED ON MY CIRCUMSTANCES AS MENTION
The points in my post regarding OP-1 are still valid. The US examples wouldn't apply to you. I don't know how Finnish student visas work to know if you are considered a resident during the Summer if you aren't in Finland studying. You also haven't shared if you are planning to go back to Finland to keep studying or not and I don't know what impact that has on your Finnish visa. Further, I don't know if whatever Finnish student visa you were on gives you one year entry permit and I don't know if it is cancelled upon exit.

The devil is in the details in an application which vary a lot depending on what stream you are applying under, and on the country (e.g., police certificate requirements can be very different). So, some of the info on this thread may not apply to your case at all even if it applies to US applicants. That's why it may make more sense to ask your question out in the main forum to avoid confusing you, avoid confusing future US applicants and have the best chance of getting you the info you need by having people familiar with Finland who would never step into the US forum help you. Many of us would also answer a post out there so you aren't losing our help ... you just stand to gain.

It may also help to post in the London thread (http://www.canadavisa.com/canada-immigration-discussion-board/-t49436.0.html) since folks there can tell you how London handles similar applications before (e.g., Buffalo used to forward files on to countries of nationality for specific cases) if you are looking at family sponsorship. If you aren't getting married or aren't in a common law or conjugal partnership, take a look at the other streams (FSW, CEC, PNP) to see what you are eligible for and ask questions in those forums or the general immigration forum. Because, as I mentioned in my post at the top of the page, the requirements can be very different.

Good luck :)

ETA: Also, based on your post:
humble01 said:
thank you but lastly, can a non canadian (an international student) invite me to visit him in canada ? he started his studies last year september
thought I should mention you can only be sponsored as a family class applicant by a Canadian citizen or PR.
 

humble01

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kiri

No worries pal. I understand the point you are trying to make perfectly

ohcanadiana

you really tried. I know that only a Canadian or PR holder can sponsor. and yes, I have been in a common-law relationship with a Canadian citizen for at least one year. my Finnish residence visa is not a single entry and its issued one year at a time. I can as well go in and come in as much as i want, that was why I was thinking of applying out-land when i would be in Canada because i would be able to return back to Finland to continue my studies while my application is being processed. I was also thinking that telling my GF to invite me to Canada might raised a red flag for the VO to issue a visa, that was why my friend would send the invitation letter to me.

thanks very much
 

Kiri

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19-02-2013
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Med's Done....
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Interview........
Waived
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Decision Made 03-09-2013 without PPR
VISA ISSUED...
27-09-2013
LANDED..........
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humble01 said:
kiri

No worries pal. I understand the point you are trying to make perfectly
Good ^^; I'm glad you understand me. I wish you all the best of luck with however you have to go about it!
 

OhCanadiana

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humble01 said:
I was also thinking that telling my GF to invite me to Canada might raised a red flag for the VO to issue a visa, that was why my friend would send the invitation letter to me.

thanks very much
The flip side is that, as a result, for your family class application, this approach will raise questions (e.g., on the proof of relationship and on reputation/upfront-edness). So, make sure your evidence is very strong to address these concerns and you address the questions head-on if you can. If you decide to pop in to the London or Accra VO threads they will be able to help you understand the history of the specific VO relevant to your case.

I wish you all the best of luck, however you decide to proceed :)
 

LovingMyCanuck

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Hey guys it's me again. I need an opinion on my plan here. Originally my hubby and I were going to fly up to Canada together, but decided it would be too expensive. So I was wondering how about the both of us driving up to Canada with MY car (American). Is this a no no? Thanks.
 

OhCanadiana

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LovingMyCanuck said:
Hey guys it's me again. I need an opinion on my plan here. Originally my hubby and I were going to fly up to Canada together, but decided it would be too expensive. So I was wondering how about the both of us driving up to Canada with MY car (American). Is this a no no? Thanks.
If your husband is not a resident of Canada, then driving should be fine. (If he is a resident of Canada, then there are limitations on him driving a car that hasn't been imported into Canada yet). Is this a vacation trip or planning for when you land? If he is moving up on this trip, what is the estimate of your car's value (more or less than 10k)? And, do you/he own the car outright or is it financed/leased?
 

humble01

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OhCanadiana said:
The flip side is that, as a result, for your family class application, this approach will raise questions (e.g., on the proof of relationship and on reputation/upfront-edness). So, make sure your evidence is very strong to address these concerns and you address the questions head-on if you can. If you decide to pop in to the London or Accra VO threads they will be able to help you understand the history of the specific VO relevant to your case.

I wish you all the best of luck, however you decide to proceed :)
thank you very much. do you have any idea about this?

If an applicant file for an inland application, and include an extension based on a study permit instead of working permit, if the spousal PR application was turn down (God forbid), will the applicant qualify for CEC ? based on studies in canada?

secondly, are there any statistics on success rate for inland applications?
 

LovingMyCanuck

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OhCanadiana said:
If your husband is not a resident of Canada, then driving should be fine. (If he is a resident of Canada, then there are limitations on him driving a car that hasn't been imported into Canada yet). Is this a vacation trip or planning for when you land? If he is moving up on this trip, what is the estimate of your car's value (more or less than 10k)? And, do you/he own the car outright or is it financed/leased?
Sorry, I will clarify. I am (american) the sponsored spouse and my husband (canadian) is the sponsor. My husband is planning to visit me in the US by plane and I we thought we'd save money and drive up to Canada with my American car to visit. Would this be a problem? Also my husband was going to tell the officer that he wanted me to work on our spousal application and wait out our application. Any opinion / tips on this?
 

OhCanadiana

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LovingMyCanuck said:
Sorry, I will clarify. I am (american) the sponsored spouse and my husband (canadian) is the sponsor. My husband is planning to visit me in the US by plane and I we thought we'd save money and drive up to Canada with my American car to visit. Would this be a problem? Also my husband was going to tell the officer that he wanted me to work on our spousal application and wait out our application. Any opinion / tips on this?
In that case, you'll just need to be familiar with regulations regarding possible restrictions on Canadians driving foreign-plated cars in Canada. Let me see if I can find them on CBSA's site ... I'll be back :)

ETA:

The fact that you, as a tourist, can temporarily import your car is established in D19-12-1 clause 49:
"RIV Program Exemptions
49. Vehicles are exempt from complying with the CMVSS
at the point of entry into Canada if they are imported under
one of the following conditions:
(a) the vehicles are 15 years old or older, or are buses
manufactured before January 1, 1971; the importer
must be able to demonstrate the age of the vehicle;
(b) the vehicles are entering temporarily with:
(1) visitors, for a period not exceeding 12 months;
temporary residents such as students studying at an
institution of learning, for the duration of their
studies in Canada; or individuals with valid work
permits/authorizations for employment for a period
not exceeding 36 months;"

There is much debate on the forum and the internet about what D2-4-1's impact is on Canadians on a car they didn't import, but FWIW:
"GUIDELINES AND
GENERAL INFORMATION

Residents of Canada
1. Residents of Canada may operate conveyances on
which duties have not been paid in Canada only in
accordance with the terms and conditions of tariff item
No. 9802.00.00 and the regulations made pursuant thereto.
Purpose of Importation
2. Conveyances imported temporarily under these
Regulations are admissible for personal transportation only
from the point of arrival to a specified destination in Canada
and return within 30 days, when the purpose of importation
is to transport personally owned goods into or out of
Canada.
3. Similarly, customs inspectors may permit importation
in instances where a resident is required, due to unforeseen
circumstances or emergency reasons, to utilize a
conveyance on which duties have not been paid for personal
transportation to reach a specified destination in Canada and
return.
4. Under no circumstances are conveyances admissible
under these Regulations for touring purposes or for other
leisure activities in Canada, nor is any local use permitted
(e.g., point to point movement in Canada).
5. Customs inspectors will grant free importation of a
conveyance under these Regulations only when satisfied
that the applicable conditions have been met."

I would call CBSA to get their perspective/interpretation directly since you would be importing the car and not your husband.
 

OhCanadiana

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LovingMyCanuck said:
Thank you so much and yes my husband resides in Canada.
You're welcome - found it and added it to the post above :) As I mentioned in that post, if you want him to drive the car while it's in Canada, give CBSA a call and ask them for an interpretation based on your specifcs. I've seen folks give opinions on both sides on the internet but nothing from an authority or that seems conclusive.

Good luck!