inland or outland?

[abedelia]

Hi,
I apologize in advance if this has been covered a lot here--I'm a little overwhelmed by this process!

I am a US citizen in Canada with my husband (a dual US/Canadian citizen) on a 6 month visitor record which I had issued in August. I work for a US company on a remote basis and I can do this indefinitely so I'm not TOO anxious to have a status where I can legally work in Canada but I am getting my health benefits from my US job, so essentially I only have emergency coverage while I'm in Canada which is fine for a while but not ideal long-term.

I am trying to start the application for permanent resident and I'm not sure if I should apply inland or outland. It seems like applying outland can often get you through the entire process in the same time that the inland application gets you to the work permit stage (and then you wait many more months for the card). But my only REAL motivation for getting it done quickly is just to have it done with and move on with life. I should also say that I travel back to the US for my job or to visit family or friends (sometimes with my husband, sometimes alone) approximately once a month, and I haven't had trouble crossing the border yet, but I'm wondering about restrictions while I'm waiting for my application.

It seems like outland might be the way to go, but I'm wondering, when I am filling out the forms for that, what do I list as my address? I rent an apartment in Canada with my husband, and I could use my parents' address in the US, but I don't want to get in trouble--I don't actually live there. But wouldn't putting down my address in Canada be a red flag if I'm applying outland?

Thanks!

[rjessome]

Outland is better for you.  If you got stopped at the border when applying inland (doubtful as you can prove ties but you never know) and are unable to attend for an interview, etc. your application will be refused.  You don't have that issue with outland as it is processed in the US.  You can use your apartment in Canada as your mailing address and your parents address as your residential address.  You won't get into trouble.

[Leon]

No, you can put your address in Canada and then it asks you, what is your status in Canada in which case since you don't have at least a 1 year visa to Canada as a worker or student, your application will be sent to your country of nationality which is the US.

[abedelia]

Thank you both--

So I will use my Canadian address as my mailing address. And then my parents' address as my residence address? Does it matter that my parents live 2000 miles away from where my US job is located? And I'm still worried because I do not actually live there..... Aren't they going to care about that?

I don't mean to second guess you, I just don't want to screw up!!
Thanks

[rjessome]

LOL!  Of course you are worried and this is an internet forum.  You SHOULD second guess everybody!

They aren't going to care.  You should explain in your submission/covering letter that you work remotely and that this is the address of the company you work for.

[abedelia]

Thanks everyone,
So, I just got off the phone with the CIC and she said that you write for your residential address "where you live currently", ie, my Canadian address. I said, that won't be contradictory because I don't have a "resident" status in Canada, I'm just here temporarily on a visitor record? And she said, there are no right or wrong answers, we just need accurate information from you. And I said, well, the question is confusing, because I'm not a "resident" of Canada, so I'm not sure whether it is possible for my "residential address" to be here and she basically gave me the same line over again.

A little frustrating, because I also just read on this forum's archives that you can't use a Canadian address as a residential address unless you've been in Canada legally for at least a year (although I am not sure where that information came from). And I don't see why they can't just tell me that yes, it's OK to use a Canadian address even if you're on a visitor record, or, no, that wouldn't be a good idea, rather than just saying "tell us your version of the truth" essentially. This is an infuriating process, and I'm fully aware that my situation is about as straightforward and painless as they come!!!! OK, rant over, thanks for your help everyone. I think what I'll probably do is put my Canadian address for both my resident and mailing addresses and write in a cover letter my exact situation and hope for the best. Definitely doing the outland route.

[Leon]

Well, it does basically tell you that if you are living in Canada, you should apply inland, see:

    *  If your spouse, partner or accompanying dependent child lives with you in Canada, use the Application for Permanent Residence in Canada—Spouse or Common-law Partner.
    * If your spouse, partner or dependent child lives abroad, use the Application to Sponsor a Member of the Family Class.

So that's probably what they mean when they say it would be contradictory to give a Canadian address as your residence.

I have however heard that it's always your right to have your application processed in your country of nationality so even temporary foreign workers and students who are living in Canada for years can still apply outland and many do.

On the sponsorship form where it asks you your address of residence, it also asks if you have legal status for a year in that country and it's very easy to just put the Canadian address and answer the next question with a no and put a letter of explanation if you want.

[abedelia]

Thanks Leon!
She didn't say it would be contradictory, I asked if it would be a contradiction and she said "just tell us where you live". I wanted to scream "I don't know where I live!!!!!".
Good advice on your last point though, I think I'll just be as honest as possible and write a letter explaining everything. From all the research I've done and all the conversations with border guards I have had, I have no reason to believe I'm doing anything wrong, so I think I should just write the truth, as accurately as I know it.
Thanks