Family Class in Canada Sponsorship questions.

[URIFiggy]

Hello all.  First I wanted to wish everyone good luck who are trying to immigrate to Canada, or congratulate everyone who's made it already.  I was hoping there are those out there who can help me to answer a few questions that I couldn't get answers to on the CIC website.

First some background information.  My fiancé and I are looking to marry in Canada (BC) in June when we drive up there from Rhode Island (US).  He's Canadian and I'm a US citizen.  We are a same-sex couple, and I'm moving there primarily because he can't move to the state under a spouse visa.  I have no additional dependants coming with.

So here are my questions.

1)  Do I need to submit the Additional Dependants/Declaration form (IMM 0008DEP) when I submit my immigration package, even though I don't have any dependants traveling with me?

2)  I'd like to apply for a work permit while I wait for the immigration to go through.  Is it something that I can apply for?  Should I submit it with my immigration package along with the fees?

3) I'm curious about the move that I'll be making.  We will be driving over the Washington state boarder into British Columbia.  Should I inform them that I'm crossing with the intent to marry and apply for "In Canada Family Sponsorship"?  I read that you can enter the country with dual intent so long as you have a "return ticket".  Since I'm driving to Canada, I don't have a return ticket.  Will this be a problem?

4) In the "General Application Form for Canada" (IMM 008), it asks for the "Immigration Office requested for processing this application".  Should I put Buffalo, NY since I'm from the US and that's where US applicants apply, or should I put a Canadian office, since I'll be living in British Columbia during the application process.

I hope there are those that can help me with my concerns.  Thanks for all the help and good luck everyone!  

[Kazakhstan]

1) No.

If you have more than five (5) family members, you must complete the Additional Dependants/Declaration (IMM 0008DEP) form for each additional family member in order to include everyone in your application.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

3) Probably NOT a very good idea to tell them you're planning to apply for residency and stay permanently, when entering Canada as a temporary visitor..... A return ticket or any other proof of your intent to return to the US won't mean much if you TELL them about your real plans....

4) Buffalo, it's faster - 13 months on average... If you apply in Canada, it's around 20 months... The only downside of applying through Buffalo is they might call you for a personal interview there (if for any reason they have doubts based on the documentation you guys provide)...

http://www.cic.gc.ca/english/information/times/perm-fc.asp

[URIFiggy]

Thanks for the response.  I still need some clarification though.

When I cross the border, I'll be driving with most of my belonging including my car and my fiance.  Should I just inform them that I'm visiting, even though I'll have lots of personal belongings with me including my computer.

Also, in regards to which immigration office I should put down, I know that Buffalo is faster.  Should I still put that even though I will be doing an In Canada immigration?  If they call me to go there for an interview, there's no way I can do that cause that would require me leaving the country which violates the "In Canada" immigration laws.  Will they set up an interview with a location close to me in Canada?

[Kazakhstan]

Sorry, I was wrong on Question 2. You can apply for an Open Work Permit after 1st stage approval of your PR application if you applied inland. But my niece who applied inland received both approvals at the same time last December, and got her PR in Jan, so there wasn't much use in that, she still had to wait on a visitor visa for 20 months........

[Kazakhstan]

Thanks for the response.  I still need some clarification though.

When I cross the border, I'll be driving with most of my belonging including my car and my fiance.  Should I just inform them that I'm visiting, even though I'll have lots of personal belongings with me including my computer.

I don't know if there would be any complications with immigration, but what about customs and import duties? Have no experience like that, we flew by air, and immigration didn't see our baggage.

Also, in regards to which immigration office I should put down, I know that Buffalo is faster.  Should I still put that even though I will be doing an In Canada immigration?  If they call me to go there for an interview, there's no way I can do that cause that would require me leaving the country which violates the "In Canada" immigration laws.  Will they set up an interview with a location close to me in Canada?

If you request your app processed in the US, then it's an outland application, so the rule you mention doesn't apply.

More info: http://www.canadavisa.com/canada-immigration-discussion-board/-t46995.0.html

[URIFiggy]

Thank you for the clarification.  We will be doing an inland application, so I need to know the local CIC office in British Columbia.

Has anyone ever driven over the border to apply for inland family sponsorship?

[scylla]

Driving across the border with all of your belongings is quite risky. You are allowed to visit Canada but not move here. If you look like you're moving, you could have trouble. Americans visiting Canada are typically allowed to visit for six months. However the decision on how long you're allowed in is entirely up to the border official. You could be allowed in for the default six months, allowed in but only for a shorter period of time or denied entry all together. Once in a while, Americans are even slapped with exclusion order where you are banned from entering Canada for a year (this happened to a poster on this forum a while back who attempted to cross with her kids, vehicle and personal belonging). Go ahead and cross as a visitor - but don't bring a car full of belonging. Pack like you're visiting (i.e. a suitcase or two). And leave behind stuff that says "I'm moving" like microwaves, desktop computers (laptop is fine), pets, etc.

If you're American - it's also extremely advisable to apply outland. (My husband's application was approved in just four months via Buffalo outland.) But that's obviously your decision.

[scylla]

Thank you for the clarification.  We will be doing an inland application, so I need to know the local CIC office in British Columbia.

If you are applying inland, your application will be sent to Vegreville, Alberta.

[URIFiggy]

Driving across the border with all of your belongings is quite risky. You are allowed to visit Canada but not move here. If you look like you're moving, you could have trouble. Americans visiting Canada are typically allowed to visit for six months. However the decision on how long you're allowed in is entirely up to the border official. You could be allowed in for the default six months, allowed in but only for a shorter period of time or denied entry all together. Once in a while, Americans are even slapped with exclusion order where you are banned from entering Canada for a year (this happened to a poster on this forum a while back who attempted to cross with her kids, vehicle and personal belonging). Go ahead and cross as a visitor - but don't bring a car full of belonging. Pack like you're visiting (i.e. a suitcase or two). And leave behind stuff that says "I'm moving" like microwaves, desktop computers (laptop is fine), pets, etc.

If you're American - it's also extremely advisable to apply outland. (My husband's application was approved in just four months via Buffalo outland.) But that's obviously your decision.

I definatly don't want this to happen    Does it make any difference that I'd be traveling with my fiance who's a Canadian citizen?

[CharlieD10]

No.  If they think you are moving in without going through proper procedures first, it doesn't matter who is with you.  Take scylla's advice seriously.  Another poster found herself in the position where she is excluded from Canada and her husband is excluded from the US because neither of them took care to convince border officials on either side they would be doing things properly.

[URIFiggy]

Alright, if I go with just a couple of suitcases then and with out any of my personal belongings, would they still deny me entry even if I travel by car (my car which is registered in Rhode Island)?

[CharlieD10]

Probably not.  Ensure you have things like proof of funds (bank statement) available, to show you can provide for yourself and will not become a public charge.  If your intended is with you, let him do the talking.  The word is "visit" not "move"!  You are visiting to spend time with each other in Canada. 

[URIFiggy]

Thanks for all the advice!  My fiance and I are gonna talk about it.

One final question.  If we apply outland (to US offices) Scylla said hers took only 5 months to process.  The CIC website says almost a year for both stages 1 and 2.  Should we expect a years time for an outland process, or do most people find it's less than that?

[scylla]

The outland processing times are how long it took them to get through 80% of the applications. It's not an average. And right now Buffalo is showing 11 months. That means lots of people get through faster (although some don't).

For inland, first stage is shown as 11-12 months and it will take this long at a minimum. Stage two shows 8 months (this stage could take anywhere from a few weeks to many months).

[Kazakhstan]

The outland processing times are how long it took them to get through 80% of the applications. It's not an average.

Good correction. Average is plus or minus a range, in this case we should say, 'up to' or 'a maximum of'.

If you word it differently, there's an 80% probability that your case processing won't take longer than 20 months...

And right now Buffalo is showing 11 months. That means lots of people get through faster (although some don't).

+ 2 months for 1st stage approval. Same idea, 80% probability that it'll be quicker than 13 months...

This statistics is updated dynamically as new applications aren't submitted at a regular pace, so it's not unusual to see sudden improvement (or slowing down) in processing times. Any new rules being implemented mess up these ups and downs even more. Most cases won't be too much faster than the 80% cutoff statistics.