Apply from outside the country but be in the country?

[djc101]

Hi there guys,

I am hoping someone can answer a few questions that i have.

I am from the UK, my girlfriend is Canadian.  We have been living together for just over a year.  She is going to sponsor me for my PR under the common law program.  I know that it is quicker if i make the application outside the country then inside the country, i have read that several times on this site.  But I am currently in Canada having come in on a 6 month tourist visa.  I want to know if I can make the application outside the country, in London I guess, but remain physically in Canada living with my girlfriend for the moment on my tourist visa?  Or do you have to be physically present at any time in the application in London?  I want to remain with my girlfriend for as long as possible, she can support me so it is not a problem in that way.  I think that you have to attend some sort of interview and I guess that would be in London am i right? 

The next question would be, if I were to remain in Canada past the end of my current visa would this effect my application at all?

My other option I think would be to apply from within Canada (as I am here at the moment), and whilst i know that this would take longer ( i think about a year? looking at current times on the CIC website) I could at least then apply for an extension of stay and remain in the country with her while the application is being processed.  Again, the fact that i would not be able to work for that time is not an issue as she is happy to support me.  At least we could remain together for that time and just sit it out and wait.

Your thoughts would be gratefully appreciated.

[thaiguy]

You should do an in-country sponsorship if you don't intend to reside in the UK.

Don't play games just to save a few months.

[Gdaymate]

There isn't much in it really - if you do out-land the whole process might be finished in 5-6 months (London is pretty quick) but you may well have to go back for an interview and at the very least you will have to go out of the country so that you can come back in and "land".

If you apply in-land you will probably have Approval in Principle (AIP) in 6-7 months but you have the option of applying for an Open Work Permit (OWP) at the same time.  This would mean that when AIP is granted you could be able to work here - I realise you say money isn't an issue but boredom might be!

Either way you should remain in status while you are here - it is possible to extend your visitor visa from within Canada, the information you need is here http://www.cic.gc.ca/english/visit/extend-stay.asp.

Thaiguy is right though, if money isn't an issue you should probably go ahead and do in-land if your main goal is to stay together.

I'd suggest you go to the CIC website and read through the forms and guides to see what's required.  There's a lot to do (obtain police checks, medical exam, gather all your evidence, complete the forms) to see how long it might take you to get it all done and if you have everything you need with you.

[tamee]

just remember if you DO move and do an inland that you can not appeal if you get turned down. But dont lie or be dishonest about where you live, that will get you banned for 2 years.

[djc101]

Thanks for your help guys, I really appreciate that. 

Gdaymate, I understand what you are saying.  The thought of sitting around for a year without working is not one that I relish.  I was not aware that I could apply for an open work permit though.  I had assumed i would have to wait until after my residence was granted.  When you say that "you have the option of applying for an Open Work Permit (OWP) at the same time" , do you mean applying for it at the same time as I send in my residence application , or do you mean at the same time as when the AIP gets returned?

How would I go about that? Is there a special application for people applying for residence too?

thanks!

[tamee]

you send it and the fee in at the same time you send your PR application in (for inland apps only) and ask that they save it or approve it at time of AIP. then when you get AIP you will also get the OWP. its a seperate form and sorry someone else will have to post the link for that.

[djc101]

Thanks Tamee,

If someone does have the link to the right form that would be useful.  I was looking for it on the CIC website but couldn't quite find the right one.  Sure enough , under the working section and eligibility to apply from within Canada i found it says this:

"you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit."

Sounds right but then after that it says:

"You must also have the following documents:

    * a job offer from a Canadian employer
    * a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and etc etc
   

Now i was under the opinion that I wouldn't need those things if i was getting an OWP at the time my AIP is sent through so it makes me think I am looking at the wrong section of the website?

[hypnotic8]

The Open Work Permit is different from a regular work permit because you don't need to have a job offer and it's available only for PR inland applicants.
You have to send it in with your PR application and mention in a cover letter that you don't want it to be processed until AIP is reached. The OWP also gives you implied status until they make a decision on your case, so you don't have to extend your visitor visa too. You just use the Application to Change Condition, Extend My Stay, or Remain in Canada :
http://www.cic.gc.ca/english/information/applications/extend-worker.asp
Just tick the C box, for initial work permit.
Hope this helps.