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Author Topic: Faster if outside Canada?  (Read 786 times)
acer925
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« on: August 10, 2011, 11:18:39 am »

Is it faster for sponsorship if the foreign spouse lives outside of Canada? I've been in Canada as a US citizen for almost a year (visitor's extension), and also why would I have to stay in Canada for 2 years without being able to travel? Thanks
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canadianwoman
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« Reply #1 on: August 10, 2011, 11:24:34 am »

Outland applications are almost always faster than inland applications. For Americans, there is no reason (usually) to apply inland, since Americans can easily come to Canada to visit while the application is being processed. But the applicant can stay in Canada while the application is being processed, no matter if the app is outland or inland. For inland, the applicant has to stay in Canada; for outland, the applicant can be a resident of some other country, or he/she can be in Canada as a visitor. So you can stay in Canada as a visitor, and still apply outland.
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Aneyshar
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« Reply #2 on: August 10, 2011, 11:26:05 am »

Read Leon's first post on the Family Class section's first page, it contains lots of valuable information and advice on how to get started with your PR application.

Since you are from a visa-exempt country bordering Canada you're better off applying outland, you can still visit your spouse and even spend some of the application process time with him/her.

This excerpt from Leon's post:
"If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland.  Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed.  Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone.  If an interview is required for inland, you may also have to wait a long time for it.  The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months.  The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res  Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment.  Getting the PR with inland usually takes 12-18 months.  If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview.  In some cases that can take a year or two.  If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit.  It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.

Which method to pick depends on your situation.  If your spouses country of nationality has a long processing time or your spouse does not want to have to travel there for a possible interview, then inland is the way to go.  For faster processing and freedom of travel during the processing time, outland would be better.
"
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enna00
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« Reply #3 on: August 10, 2011, 10:25:45 pm »

thank for the info i wanted to inquiry about this before
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Aneyshar
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« Reply #4 on: August 10, 2011, 10:43:29 pm »

I would like to know in reponse for the applicant waiting for outland app its okay to travel to other countries and even work during a sponsorship or does this pose issues

As I wrote in my previous post, you can read Leon's post that covers that point and many others in detail. Here's the relevant excerpt: "For faster processing and freedom of travel during the processing time, outland would be better."

In general, an outland applicant is free to travel, even to Canada (provided a temporary visitor's permit is issued), while the application is being processed. The applicant needs to keep in mind, though, that he may be called to an interview at the visa office handling the application.
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acer925
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« Reply #5 on: August 11, 2011, 12:54:07 am »

All great answers, but my visitor's status expires in november and I've already used the extension because I needed to be here for a year in order to prove that..so how can I still go back and forth freely if I apply outland if my status will expire in november? thanks guys
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Baloo
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« Reply #6 on: August 11, 2011, 04:44:06 am »

All great answers, but my visitor's status expires in november and I've already used the extension because I needed to be here for a year in order to prove that..so how can I still go back and forth freely if I apply outland if my status will expire in november? thanks guys

Free to travel does not mean guaranteed entry.

I assume you are staying currently so you can apply common law?

You can apply for another extension of stay, using the implied status to good effect.
Or as a US citizen, you can take your chances at the border.
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acer925
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« Reply #7 on: August 11, 2011, 01:32:56 pm »

Free to travel does not mean guaranteed entry.

I assume you are staying currently so you can apply common law?

You can apply for another extension of stay, using the implied status to good effect.
Or as a US citizen, you can take your chances at the border.

Yes I got the extension so we could apply for common law, so I guess the outland applicaton has nothing to do with my status and doesn't effect it all? I hate that Canada doesn't have guaranteed entry, I've been worried they wont let me back in Canada even though my extension is until november. If I got another extension, I still would not feel secure going back and forth.
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Baloo
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« Reply #8 on: August 11, 2011, 01:35:36 pm »

When will you apply for PR?
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acer925
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« Reply #9 on: August 13, 2011, 12:46:02 pm »

does anyone know or have experience about traveling back and forth with an extension but you've already been in canada for more than a year and have applied for outland sponsorship? Can the border really not let you do this even though you have an extension? So everyone that applies outland basically has to stay in Canada just like inland or risk being denied entry? Unless they are living seperate.
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Baloo
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« Reply #10 on: August 13, 2011, 01:02:54 pm »

does anyone know or have experience about traveling back and forth with an extension but you've already been in canada for more than a year and have applied for outland sponsorship? Can the border really not let you do this even though you have an extension? So everyone that applies outland basically has to stay in Canada just like inland or risk being denied entry? Unless they are living seperate.

Yes I did this.

Anyone (other than citizens and PR's) who wants to enter Canada, takes the risk of being refused entry.
An extension (VR visitor record) does not usually permit re-entry.

Carrying the right proof, following the rules (exactly) and being visa exempt all minimize the risk of refusal.
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acer925
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« Reply #11 on: August 16, 2011, 12:16:21 pm »

I have another question, would she be able to sponsor me for common law if we were living in the US? She would be there as a visitor..but she would not have an address or house in canada.
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scylla
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« Reply #12 on: August 16, 2011, 12:19:47 pm »

I have another question, would she be able to sponsor me for common law if we were living in the US? She would be there as a visitor..but she would not have an address or house in canada.

If she is a Canadian citizen - yes.

If she is a PR - then no. She must be living in Canada to sponsor.
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acer925
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« Reply #13 on: August 16, 2011, 02:09:04 pm »

your awesome, thanks for the quick reply.
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acer925
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« Reply #14 on: August 21, 2011, 12:34:14 am »

Free to travel does not mean guaranteed entry.

I assume you are staying currently so you can apply common law?

You can apply for another extension of stay, using the implied status to good effect.
Or as a US citizen, you can take your chances at the border.


What is an extension using the implied status to good effect? I tried googling it, but nothing came up. Or is that just what to write as the reason? I didn't think there was a way I could get another extension since I would have been here a year.
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