Australian in canada attempting spousal immigration

[anemicshoe]

Hello! I am a young (20yr) aussie attempting to immigrate to canada to live and finally be with my Canadian husband (an online relationship of 6 years, an in person relationship of 2yrs)

After we moved back to canada from aussie, nearly 1 year ago to this date we have been experiencing living together in canada (since we tried the same in aussie and wanted to compare which was best for our lifestyle) at about 6mths of staying in canada we applied to extend my stay because we decided that living in canada would be more preferable than aussie, however I won't go into the details.

I admit we are cutting it fine with how late we are applying. Soon I am going back down to Australia again to visit and renew my passport stamp. Immigration canada advised us to still send away for an open work permit and launch the spousal visa before I leave... however I am not sure that my status would be legal in canada for much longer (hence the visit home for 3weeks).

I do not wish to launch this visa from out of canada because I know they are backlogged and really slow. It would be torment for me to have to live without my husband for more than 3 months after we can finally be together. However while I am in australia I will be picking up my police checks (though I thought I read something on the forms that said I didn't need it because I was Australian???) can't hurt to be cautious. As everyone knows back and forthing on planes especially at such a distance away is EXPENSIVE and hard on the body. I would prefer to limit that as much as possible...

Can anyone give me any advice? tell me if im doing anything wrong? It is just me, no defendants and my husband was born canadian, we were married SEPT'07 which is legally binding in both countries ofcourse.

I just want to do this right because I would never forgive myself if I screwed it up.

[RobsLuv]

You've been given some conflicting information.  Basically you have two options for filing a spousal sponsorship application: 1) inland - which means the application will be processed entirely within Canada, and 2) outland, which means, for you, the application will be processed in Sydney, Australia.  Simple - but that's where the simplicity stops.

If you file inland you can also submit an open work permit application WITH your PR application (as long as you submit both applications before your current status in Canada expires), and that will give you "implied status" to remain in Canada until first stage approval - when they issue your work permit.  You don't have to leave Canada to re-establish your temporary status - so I don't know why someone at CIC would tell you to launch an inland application with a work permit and then leave Canada.  That's just bogus.  If you leave, like you're proposing to do, and you're not allowed to re-enter Canada, you forfeit your application because it requires that you be present in Canada, with your sponsor, to receive final approval.  So, during the inland process, you are strongly advised to remain in Canada.     First stage approval, or Approval in Principle is currently taking 6-7 months from the date the Case Processing Centre in Vegreville receives your application.  The second stage of approval takes another 6-12 months before your PR will be finalized.  Also, inland applications have no right of appeal for a refusal.
 
An outland application is processed at the visa office that represents the country of the applicant's birth (or permanent residence).  There is no residency requirement for the applicant of an outland ap - they can be staying anywhere in the world during processing and it will not affect the application.  You can file an application and have it processed through the visa office in Sydney and still stay in Canada with your husband, as long as you keep your temporary status current by filing extension applications.  If you are in a relationship that qualifies you to apply for permanent status, and you have a PR ap in process, there should be no reason that they wouldn't approve your extensions.  The advantages to filing an outland application are that there is a right of appeal, and the processing is faster.  The application first goes to the Case Processing Centre in Mississauga where they assess the sponsor's eligibility.  This is currently taking 24-30 days.  Then CPC-M transfers the file overseas.  Not sure where you got the idea that "they are backlogged and really slow" because Sydney is currently finalizing PR applications in 3-7 months.  So you could be finalized outland in the same amount of time that it would take just to get to first stage approval with an inland ap - and that's only if you have a straight-forward inland ap and proper temporary status when you file it.  Otherwise it goes to a local CIC office before first stage approval and some offices are backlogged in excess of two years.  The drawbacks to filing an outland ap when you're in Canada: if an interview is required, you have to attend it at the overseas visa office . . . but spousal interviews are frequently waived when you submit sufficient evidence of your genuine relationship.  The only other thing is that when your application is finalized, you have to get your passport to the overseas visa office to receive your Confirmation of Permanent Residence - and then they have to get your passport and COPR back to you.  If it's possible to courier your passport back and forth between Canada and Australia, that's a non-issue. 

So, now you know what you need to know to make an informed decision about which type of application to file.  Be aware that if you file outland, you don't have the option of a work permit . . . but, like I said earlier, it's likely your outland ap would be finalized and you'd be a PR after approximately the same amount of time it would take just to get a work permit on an inland ap - if all is straight-forward.  The most important thing is that your plan to file an inland ap (which I'm assuming you're intending to do because you're talking about an OWP) and then leave to go home, in order to come back and get a new passport stamp (or new temporary status) is risky and unnecessary.  IF you're going to file inland, file the OWP with your inland ap and that eliminates the need to leave Canada and come back to get new status.  But be prepared to wait for your PR.  If you want this over and done with, and going back to Aussie is something you need/want to do during processing, for whatever reason, file outland.  There is always the chance that you won't be allowed re-entry if you leave and try to come back too soon, but at least it doesn't invalidate your application.

One other thing - you do need to submit criminal clearance with your application, even though you're from Australia.  You have to submit a criminal clearance for each country you've lived in for more than 6 months since the age of 18 - except Canada.  The processing office will do an RCMP name check on you first, and if there's a "hit", then they'll ask you to get a fingerprint clearance.

[anemicshoe]

Sorry for the late reply :}

thankyou for the very swift and thorough response! that really clears up alot of stuff for me but now I am Torn, Inland and overseas have their benefits...
Thing is I HAVE to make the trip back to Aussie as my parents have booked it and are looking forward to seeing me... I will be spending 3 weeks away approximately as I said before.

I am currently tempted to go back and file my immigration whilst in Australia for those three weeks, but I would have to go immediately back to canada and hope they wave the interview, Unless I cancelled my return flight which I really don't want to do because I am needed here with my family. Currently the OWP is not desperately needed as my husband can provide well enough for us it would just be nice. Am I allowed to apply for a work permit after the aussie immigration finalizes my PR?

More than anything I am concerned about my legal status here. I have been given the run around by immigration and the temporary residence issues. I don't see any reason why they would refuse me and I would need to appeal but you never know.. Now im scared whether I should even leave at all or if I won't be allowed back in! OK.
QUESTION. Can you file multiple apps of the temporary status sheet? (I believe its the same one used for the OWP and costs something like $75) we launched one of those back when my visitor status was up and they only got back to me AS IT WAS EXPIRING which confused the heck out of me and wondered if that means the time I stayed was legal or not...

I will however check in to see if I can courier my passport on not (im not sure if they'd need me in person for that or if it would cause a whole bunch of problems) however I am leaning towards launching outland from your advice. I will also go get the police check while I am in australia to be safe. Though they won't have anything on me hehe.