Which office to apply to? Are there always interviews?

[DBHC]

I'm a Brit living in the US for the next two years. If I apply for Family Class Sponsorship by my Canadian wife (who lives with me in the US), do I apply through the US offices or the UK offices? I'd prefer to apply to the UK office simply due to wait times: 11 months in London compared to 28 or 33 months in LA and New York. By the time my application will have been processed by the US offices, I'll no longer be able to live in the US, as my US visa will have expired. Nevertheless, if we're called for an interview at the London office, we'll have to fly over 4,000 miles for the interview. Are interviews always performed? Alternatively, if we just head back to Canada and apply from inland, do I tell the border guard that I plan on applying for permanent residency while on a tourist visa or would he/she decline me entry?

 

[Rob_TO]

I'm a Brit living in the US for the next two years. If I apply for Family Class Sponsorship by my Canadian wife (who lives with me in the US), do I apply through the US offices or the UK offices? I'd prefer to apply to the UK office simply due to wait times: 11 months in London compared to 28 or 33 months in LA and New York. By the time my application will have been processed by the US offices, I'll no longer be able to live in the US, as my US visa will have expired. Nevertheless, if we're called for an interview at the London office, we'll have to fly over 4,000 miles for the interview. Are interviews always performed? Alternatively, if we just head back to Canada and apply from inland, do I tell the border guard that I plan on applying for permanent residency while on a tourist visa or would he/she decline me entry?

If you read the outland guide on CIC site, it will link you to this page: http://www.cic.gc.ca/english/information/offices/apply-where.asp
You can see that all US applications are processed at CPC-Ottawa, NOT LA or NY. And current times these days from Ottawa is in the 6-8 month range for processing.

So apply OUTLAND and select CPC-Ottawa as processing office. Then any potential interview (though needing an interview is very rare) would be done in the US. Just know that CIC may decide to process your app based on your citizenship instead of current residency in the US, so could send it to London anyways. End choice is really up to them.

And don't even consider an inland application, as they take forever and restrict your travel.

 

[lellen]

Applications from the US are actually processed in Ottawa, and currently the processing times in Ottawa, based on this forum, are around 4-8 months. US applications are only transferred to LA when there's an interview, but you'll only get an interview if CIC doubts the genuineness of your relationship. So if you send solid proof, you'll probably be good.

You'll only be able to apply through Ottawa if you have legally lived in the States for a year. If you haven't, you'll apply through London, which could also be faster than 11 months (who knows though). Some London applicants have been sent to Mississauga or Ottawa when they're believed to be straight forward cases, whatever that means.

You can also apply outland to London while in Canada, so whatever you do, DO NOT apply inland. Inland is by far the worst option for you. It's currently taking 14 months to reach the stage 1, and then another 8 months for stage 2. During processing, you're not advised to leave the country, and you won't be able to work at all until you finish stage 1. So that's 14 months for you, trapped in Canada without being able to work. SUCKS.


Edit: Somebody had already replied while I was typing my answer. Didn't mean to be repetitive, oops.

 

[Kayaker]

Inland application is strongly not recommended. It means you will be obliged to stay in Canada without working or studying (and possibly without healthcare) for over 13 months (until you get stage 1 approval - currently taking 13 months and counting. There's a huge backlog.). You risk losing your application if you leave Canada, so people can't go home even for emergencies.

If you are a UK citizen living in the U.S., you can apply through London. You can also apply through the U.S. visa offices; the majority of those cases (except some red flag ones) get sent to Ottawa for processing and are completed in a few months. London is a quick office too, so I've seen people who applied earlier this year through both UK and US get PR already.

One problem you could have is if you Have to stay in the U.S. for the next 2 years. When your PR is approved, you get a document called COPR, and on it there's a date by which you must "land" (enter Canada and have that paper stamped/signed.) If you don't do it by the date indicated on the COPR (usually a year from the date you took your medicals) you lose your PR and have to apply all over again from scratch.

Also, if your wife is with you in the U.S., she has to prove her intent to return to Canada. (such as a job offer, lease for apartment/house, plans to enroll in university, etc.) If she says she is not planning to return for the next two years, there is a chance they will not be satisfied with that and reject the application.

Interviews are not frequent for U.S.-Canada couples. If you've been married for a while and have strong evidence of your relationship (joint finances, children together, wedding, etc.) it's unlikely they will call you up for an interview. Unless you have major red flags, I wouldn't make a decision based on the possibility of getting called for an interview.

 

[Rob_TO]

You'll only be able to apply through Ottawa if you have legally lived in the States for a year.

Not quite, you just need to have a visa valid for at least 1 year. So if someone entered the US with a 2-year visa or permit, they could qualify to apply through CPC-Ottawa even if they had just been in the US a couple months at the time.

 

[Rob_TO]

Also, if your wife is with you in the U.S., she has to prove her intent to return to Canada. (such as a job offer, lease for apartment/house, plans to enroll in university, etc.) If she says she is not planning to return for the next two years, there is a chance they will not be satisfied with that and reject the application.

Yes and this is very important. You should give yourself a maximum 1 year time frame. So don't even submit your PR application until you and your wife are certain you will move to Canada within the next 1 year.

 

[keesio]

Applications from the US are actually processed in Ottawa, and currently the processing times in Ottawa, based on this forum, are around 4-8 months.

Note that the fast-tracking of applications in Ottawa seem to be for US citizens. Not to say that the OP will not have a good timeline if applying via CPP-Otawa but the ones with the crazy 3-5 months timelines have so far been US citizens.

 

[DBHC]

Thanks for all of the replies! Very informative stuff. We have a child together, joint bank accounts, have filed taxes together in Canada in the past, got married in Canada, etc., so I think we should avoid the interview. On your advice, we'll hold off the application until close to the end of my contract then. I was just trying to get this figured out early because of the crazy wait times in the US, but it sounds like this isn't really an issue if it all goes via Ottawa anyway. And given the strong reactions against inland applications, I'll definitely avoid that! Thanks again.

PS Does the US visa have to be valid for 1+ year in the future or just 1+ year total?

 

[Rob_TO]

PS Does the US visa have to be valid for 1+ year in the future or just 1+ year total?

Rules state just a 1-year visa in total. From the link I posted above:
Applicants for Permanent Residence
You must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year.

As I said though, prepare that even if you choose CPC-Ottawa, CIC may still decide to send to London. Either way though it should not make much of a difference as 99.9% chance you won't need an interview.