Applying Outland from Inland?

[cdarroch]

Hi everyone,
  Is it possible to apply for an outland commonlaw/spousal sponsorship from within Canada, if we're both already here (her on a TRV)? Are there any benefits in going this route?
Average processing time in Mississauga: 43 days sponsorship plus 6-7 months AIP plus 6-12 months final
Average processing time, Guatemala: 43 days sponsorship plus 12-17 months final

  The way I see it, we're not going to save any time either way... but that's OK, as long as we're together. My one concern, though, is if one of her family members passed away, or something comparable - if we apply inland, she'll lose her application if she leaves.

  What if we applied outland from inland, would she be free to travel? If we included her OWP application in the sponsorship/residency package, would she be able to freely visit home and return in an emergency, and without losing her application in progress?

Last but not least - if we did apply outland from inland, and included the TRV extension (work permit app) with the package, would it be granted in the usual 6-7 months?

Thanks very much for any help you can provide!!

[RobsLuv]

Hold on - first inland vs outland is about where the application is processed, not where the applicant is . . . except that with inland the applicant has to remain in Canada because the process happens entirely within Canada and if they're not in Canada, they can't attend their landing interview to be given PR - so the ap is forfeited.  The inland application process happens at the Case Processing Centre in Vegreville, AB.  First stage approval for inland aps takes 6-7 months, and then it takes another 6-12 months to finalize the application.   

The outland process happens mostly overseas - but the applicant can be in Canada as long as they maintain their valid temporary status for as long as they're here.  The outland application is first sent to the Case Processing Centre in Mississauga where they assess the sponsor - that takes 30-45 days.  Then, if the sponsor is approved, the application is transferred overseas and you go with the processing timeline for the overseas office.  Outland, after the 30-45 days for sponsorship approval, depends on the overseas office timeline.  If she's from Guatemala, her application would be processed through the embassy in Guatemala City and, unfortunately, I think they have the longest processing timeline for all overseas offices . . . 9-20 months. 

So - timeline is probably not as big an issue for you because they're comparable.  The big issue is the travel, and the right of appeal.  She has status now, so you could file inland and include an application to change her conditions to a work permit, and then she'd be granted an OWP as soon as the application reaches first stage approval.  This only works if you get that application in to them BEFORE her current TRV expires, though.  That's imperative.  Then you'd have another 6-12 months to wait to finalize her ap - but she'd be able to work and probably have healthcare, too.  She would risk losing the application, though, if she leaves because it's highly unlikely she'd be able to get another TRV to come back to Canada.

If you file outland so that she can leave - she still isn't guaranteed to be able to come back - and it will take anywhere from 10 months to probably two years to get her outland ap finalized through Guatemala City, but you'd preserve your right of appeal and she could go home if there was an emergency.  She just probably wouldn't get back to Canada until after her PR was granted.  So, for you guys it's kind of a toss up - whichever of the pros and cons is more important to you will probably determine your choice. 

[cdarroch]

Thanks very much for your advice - this forum is a life saver! I hope you don't mind - I've sent you a PM.