Living in Canada but applying outland - Which form?

[wert]

while looking at all the different forms and application kits I got confused...
I would like to sponsor my common law spouse who has been living with me in Canada.
Meaning the 12 month period we have lived together has been here in Canada and only here.

From what I gather it is possible to apply outland while she remains in Canada?

If so which forms/kit is used in that case? "Sponsorship of a....common-law partner....living outside Canada"(IMM 0008 Generic) or the "Applying for Permanent Residence from Within Canada.....Spouse or Common-Law Partner In Canada Class" (IMM 5002)

I am guessing the form for living outside Canada but wouldn't that be a contradiction?

[Asta]

use the one saying outside canada.
is ur gf staying as a visitor? when her visa will expire theres no guarantee they will give her extension since shes applying outland. so she might need to go home.

[wert]

Thanks for the quick response.

That's what I was thinking....but on the other hand she doesn't live outside Canada as she has been here in Canada on a study permit for almost a year...

Can the "....living outside Canada" form be the correct one?

[Asta]

if u wanna apply outland, use outland application kit.
if u apply inland, ur gf wont be able to leave Canada till the process will be over and it might take years in worse case.
most important is HOW u wanna apply - inland or outland. then use that kind of forms.

[Leon]

Use the form for living outside Canada even though she is not.  The forms here: http://www.cic.gc.ca/english/information/applications/fc.asp  You can give an address in Canada but on the sponsorship form, IMM1344A, there is a box to check for wanting her application to be processed in her country of nationality.  This is in section C on page 3, question 6.  In a) you give an address and it tells you that if you are sponsoring inland, you do not complete b) and c).  Since you are sponsoring outland, you go to b) where it asks you about her status in Canada.  Since she is legally admitted to Canada as a student on a 1 or more year visa, you can say yes there.  Then you go to c) where it asks where you want your processing.  If you say yes, the processing will be done in Buffalo as they are responsible for outland applications from people with legal status in Canada.  If you say no, it will go to her country of nationality.

[RobsLuv]

OK - you have a few things to consider.  It's always possible for an applicant who is staying/living in Canada to apply via the outland process.  It is not a contradiction because everybody has the right to have their application processed through the country of their birth.  But you always have to know the advantages/disadvantages of both processes and choose the one that best fits your own situation.

That said, it might not be in your partner's best interest to apply outland being that she is currently in Canada with a study permit.  With an outland application in process, she'd have to apply and qualify separately for an extension to her study permit.  Although she'd likely be approved with status as a visitor, there is no guarantee that she'd be able to continue her studies.  If you apply via the inland process before her study permit expires, and you include an extension/change of conditions application WITH the inland PR application, she can continue her studies under her current permit - even after it expires - until she receives notification of first stage approval (Approval in Principle).  This is currently taking 6 months AND, if she elects to apply for an open work permit (instead of another study permit) as part of the extension/change application, she will be issued an open work permit automatically when she reaches AIP.

Non-visa-exempt applicants who already have status in Canada (especially work or study permits) can really benefit from the inland process because it allows them to continue with life-as-usual while awaiting permanent status.  For them, applying via the outland process might actually put them at a disadvantage if they have to leave Canada for an interview.  Besides the travel, they might not be approved for another temporary visa and then they can't come back until they get PR.  There are some disadvantages to inland - most notably the fact that you cannot appeal a refusal, and the fact that an inland applicant is required to be resident in Canada with their sponsor in order to be approved - which sort of precludes any travel home to see family or friends while awaiting finalization.  And finalization can take up to 18 months for straight-forward cases - longer if you have "issues".  So you have to weigh the possible advantages to the disadvantages when making a decision.

As I mentioned before, there are no residency requirements for outland applicants, and you preserve your right of appeal.  Outland is typically faster, although some countries do not process outland aps any faster than inland aps can be finalized.  If you need more details, just let me know.  

[Eddy070]

I have already fill out inland application but
i will like to know if i can send it to outland
office. Because am confused if they will
process it since me and my spouse are
already in canada. Thanks

[QCSunshine]

Eddy070,
If you want to apply outland, you will need to fill out the outland application, which is different than the inland one you already filled out. Like you, I first filled out the inland application, but then I decided before I submitted it that applying outland would be better for me. So I had to start over the forms required for the outland application. Filling it out took some time, though it wasn't too bad though since many of the questions were similar. There were some differences though, like the amount of years for listing organizations and addresses,  etc. And with outland, the sponsored person can't apply for an open work permit while waiting on PR.