What do you think of these options?

[ginsengsamurai]

Hello everyone...

SCENARIO:

I am a Canadian citizen. My fiance is German. She will be coming here in March 2013 and we plan to get married in April or May 2013. She and I have no criminal history, we're both in good health, she and I are not in debt, she and I have jobs and we've been together for over two years. I am currently living in Richmond, B.C. and she is living in Kiel, Germany. For immigration interviews, I have videos and photos of us being together with friends and family, as well as together, as well as expenses when I was visiting her in her hometown.

OPTIONS:

Which route do you think is best?

Option A. Apply for her Conditional Permanent Residence permit inside Canada, while she tries to get her visitor status extended before her 6 month visit here ends, on the chance that she doesn't get an extension, cancelling the application automatically in the process without chance of appeal. Then go through the application process again outside of Canada.

Option B. Apply for her CPR permit outside of Canada, while she is here for the six months. Then try to get her visitor status extended before her 6 month visit ends. If she gets it, then she stays. If she doesn't get it, then she'll have to leave, then come back when she is granted her CPR permit.

Option C. Suggestion?

QUESTIONS:

1. For both options, what is the chance she won't be granted an extension?

2. For Option B, if she is granted her Conditional Permanent Residence permit, will she need to leave Canada and come back or can she stay in Canada to receive it?

3. For both options, how would I book the plane tickets for her stay here on the notion of trying to extend her stay here in Canada? In other words, since she can only stay up to 6 months, I would normally book her return flight 6 months later. However, if I apply to have her visitor stay status extended, should I book that return plane ticket for later or would I be able to call up the airline and have them re-schedule that flight again?

Thanks for your time.

 

[R151NG5UN]

Hello everyone...

SCENARIO:

I am a Canadian citizen. My fiance is German. She will be coming here in March 2013 and we plan to get married in April or May 2013. She and I have no criminal history, we're both in good health, she and I are not in debt, she and I have jobs and we've been together for over two years. I am currently living in Richmond, B.C. and she is living in Kiel, Germany. For immigration interviews, I have videos and photos of us being together with friends and family, as well as together, as well as expenses when I was visiting her in her hometown.

OPTIONS:

Which route do you think is best?

Option A. Apply for her Conditional Permanent Residence permit inside Canada, while she tries to get her visitor status extended before her 6 month visit here ends, on the chance that she doesn't get an extension, cancelling the application automatically in the process without chance of appeal. Then go through the application process again outside of Canada.

Option B. Apply for her CPR permit outside of Canada, while she is here for the six months. Then try to get her visitor status extended before her 6 month visit ends. If she gets it, then she stays. If she doesn't get it, then she'll have to leave, then come back when she is granted her CPR permit.

Option C. Suggestion?

QUESTIONS:

1. For both options, what is the chance she won't be granted an extension?

2. For Option B, if she is granted her Conditional Permanent Residence permit, will she need to leave Canada and come back or can she stay in Canada to receive it?

3. For both options, how would I book the plane tickets for her stay here on the notion of trying to extend her stay here in Canada? In other words, since she can only stay up to 6 months, I would normally book her return flight 6 months later. However, if I apply to have her visitor stay status extended, should I book that return plane ticket for later or would I be able to call up the airline and have them re-schedule that flight again?

Thanks for your time.

Hey,

There are 2 schools of thought here when it comes to apply inland or outland. Applying inland has it's advantages and especially so in your case, after applying your fiance will gain implied status, therefore she will be free to stay with you during the duration of your application. Inland seems to be speeding up significantly in the last year and was almost level with outland applications recently. Expect total application to take between 10-14 months. A few downsides to inland are she will only have visitor status, so will have no healthcare and won't be able to work unless you are applying for some form of separate work permit. Probably the biggest issue with applying inland is she can't leave Canada once she applies, if she does leave Canada and CIC find out they will deem the application abandoned. Also there is no chance of appeal with an inland application as you mentioned.

Outland at first glance seems favourable, quicker processing times, able to appeal and continue doing things in home country that otherwise you could not do in Canada. For me personally depending on her VO (I assume it is Vienna) as you get to 5,6 months of waiting it becomes very hard and very difficult being apart and as I said personally now I am at the stage I wished I had applied inland but that is just me. It is a fine call to make but don't make the decision solely on the processing time is faster outland because as mentioned inland is really improving their time scales month on month.

As for your question regarding flights, you would book a ticket for a long time in the future with possibly the option to change it (Cant see this being very successful as cheaper airlines are not very flexible) or you can buy an open return but once again you may find that only the very expensive airlines will allow such a thing. You may well just have to swallow the price of the return flight. Speak to individual flight companies but in my experience not many/ if any are willing to change flight dates.

Good luck

 

[Godzilla9]

A quick note: Visitors that are spouse/children of an Albertan residents are eligible for healthcare.

 

[R151NG5UN]

A quick note: Visitors that are spouse/children of an Albertan residents are eligible for healthcare.

Really Godzilla?

Never knew that. This would help me a lot as I am thinking of waiting out the final part of my application in Edmonton

Thanks

 

[Godzilla9]

Really Godzilla?

Never knew that. This would help me a lot as I am thinking of waiting out the final part of my application in Edmonton

Thanks

Yeah, this is on their AHSIP application, and the officer at Licensing Company told me that card is issued to visiting spouse for a period of validity of visitor permit or six months from the date of entrance to Canada.

 

[ginsengsamurai]

Thanks for the response.

Applying inland has it's advantages and especially so in your case, after applying your fiance will gain implied status, therefore she will be free to stay with you during the duration of your application.

1) Does "Implied Status" automatically go into effect once I submit the Conditional Permanent Residence application or how would I know she receives that "Implied Status"?

2) If "Implied Status" means she can stay here during the duration of the application, does this mean she wouldn't need to apply for an extended visitation in Canada?

3) If we did the application outside of Canada, would she need to leave Canada and come back before her CPR goes into effect or can she receive it while visiting inside Canada?

 

[couteausnob]

Just to clarify a few things about inland:

The implied status comes from submitting an application to change conditions or extend her stay, which most people recommend submitting with the inland PR app. It's the same form she was already planning to submit just before her 6 months are up, only she'd be using it to apply to switch her visitor status for an open work permit (OWP). If she doesn't submit this form, either as an OWP app with the PR app or simply to extend her visitor status in 6 months, then she does NOT have implied status in Canada. The PR app itself doesn't grant that, whether inland or outland. That said, one of the advantages of inland is that if she did overstay (by failing to extend or change her status), then the overstay would not be used as a reason to deny her PR application.

Another advantage is the ability to apply for an OWP, as mentioned above. Once you receive first stage approval (AIP), she's eligible to work in Canada with that OWP. Some people wait until AIP to apply for the OWP, but it's faster if you send both applications together. Depending on the rules in your province, AIP may also allow her to receive provincial health care. I know that most provinces at least allow the sponsored spouse to receive it after AIP, though in some she would be eligible earlier as your dependent. Others would know more about the specifics in BC.

One last clarification: Leaving Canada while an inland application is in process does NOT automatically cancel the application, nor will CIC cancel it if they find out she's out of the country. This is a common misconception. The rule is that the applicant must be in Canada in order to complete in process. So if the applicant has to leave temporarily, tries to return to Canada, and is denied entry, THEN the inland application is forfeited. This is very rare for applicants from visa-exempt countries, and I've heard from one of the senior members here that it is specifically discouraged in the BO handbook. Basically, she could be turned away if she's done something to make herself inadmissible, but otherwise, she'd have to get a BO who hates the world and wants everyone to suffer in order to be denied re-entry. Of course, this is a risk, however slight, so it's safer for her to plan to remain in Canada for the duration. Just know that if she has a family emergency come up, she isn't chained to Canada until the app is complete.

 

[ginsengsamurai]

Thanks for your response Couteausnob. I hope I am not too much of a bother, but just to clarify a bit of what you said:

1) If I apply the Conditional PR "inside of Canada", she can leave any time until the point she receives her Conditional PR, in which case she will need to remain in Canada until she gets her regular PR?

2) When applying for the Conditional PR, I should also submit the application of Extended Stay. I am guessing these two applications goes to two different places and not one place?

3) Once I send out the applications for CPR and the extension, she then gains "Implied Status"? This "Implied Status" lasts until she gets her CPR or do I need to keep re-applying every 6 months?

4) Lastly, when I submit the Conditional PR, should I also include evidence of our relationship? Eg: photos, videos, letters, bills, etc?

 

[couteausnob]

1) If I apply the Conditional PR "inside of Canada", she can leave any time until the point she receives her Conditional PR, in which case she will need to remain in Canada until she gets her regular PR?

The new conditional PR doesn't require the sponsored partner to stay in Canada for the next two years; it simply requires that the relationship continue for two years after landing in order to keep PR status. She could visit family back home, you could take a vacation together, or whatever, just as long as she spends enough time in Canada to meet the normal PR requirements and you stay married.

As for leaving during processing, as I said, it's a risk, but it is possible. It's usually recommended that she wait until obtaining her OWP, as that permit makes her less likely to be denied entry.

2) When applying for the Conditional PR, I should also submit the application of Extended Stay. I am guessing these two applications goes to two different places and not one place?

If you're applying inland, then they go to the same place, which is Vegreville. If you were to apply outland, then the PR app would go to Mississauga instead. (And if you applied outland, then she wouldn't be able to apply for the OWP, of course, but could still send that same form to Vegreville before her visitor status expires in order to extend it.)

3) Once I send out the applications for CPR and the extension, she then gains "Implied Status"? This "Implied Status" lasts until she gets her CPR or do I need to keep re-applying every 6 months?

Her implied status would last until a decision is made on her OWP application. I'm not actually to that point in my process yet, so I'm not sure how long the OWP is good for, but I believe it should give her an expiration date somewhere on the permit. (Someone please correct me if I'm wrong.) I've never read about anyone needing to extend it before receiving PR, so I believe it should last long enough for your application to be completed.

4) Lastly, when I submit the Conditional PR, should I also include evidence of our relationship? Eg: photos, videos, letters, bills, etc?

Conditional PR is not some new application package. It's the same thing as normal PR. The new conditions simply require that any sponsored spouse who has been in a qualifying relationship with the sponsor for less than 2 years and who has no children with the sponsor must remain in the relationship for 2 years after becoming a permanent resident. If the relationship ends before those 2 years are up, the sponsored spouse's PR status may be revoked. That's the only difference. The application package you submit hasn't changed one bit, so yes, you'll still need to include all of the relationship evidence.

 

[ginsengsamurai]

Okay that was informative and thanks for all your help. This eases some of my worries. It's definitely vastly different than when my dad sponsored my mom to Canada in the mid 1970's. I can't afford to hire an accredited immigration consultant, so I need all the help I can get.

Now I just need to read through all the government web site jargon and figure out where to start.

 

[Franzi]

Hi ginsengsamurai,

I'm also German and my Canadian husband is sponsoring me!

I have another idea for you: Could your girlfriend apply for a Working Holiday Visa? That would give her an open work permit for one year, and in that time you can still get married and send your application. The timing would be great too, because in November you can start applying for 2013. Here's some more info http://www.canadainternational.gc.ca/germany-allemagne/experience_canada_experience/index.aspx?view=d

I came to Canada with a WHV in April 2011, we got married in March 2012 and I changed my status to visitor in April 2012.

You can send me a PM as well if you would like some more info about the WHV.

Franzi

 

[ginsengsamurai]

That's a fantastic idea. I'll read that link and give it some thought and I might PM you as well.

Can she pick the place to look for work or do they place her at some random location? Also, what happens if she can't find work when she gets here?

Thank you.

 

[Franzi]

It an open work permit, so she can pretty much do any job, so she can pick the place and if she doesn't like it, she can look for another place. It's meant to work and travel around the country, but she can also just stay at the same place for the year. I came to Canada on April 10, 2011, had a job for 3 weeks in April/May and then had my next job from August 2011 to April 2012. So it's not a problem if she doesn't find a job right away.

Just making sure - she is under 35?

Let me know if you have any questions - happy to help!