Sponsoring german wife (married in Las Vegas)

[frantastic]

Hello all,

i recently got married to a german girl. She has a visitor status in Canada, she is living with me and we got married 2 months ago in Las Vegas. I am Canadian and we were looking into permanent residence papers/ application kits online. 
They all seem confusing, we found two ways to apply but they are totally separate from each other.

Anyone a suggestion on what the proper application has to look like? 

Please help with proper instructions. Thanks

[scylla]

Start by reading the very first post by Leon in the following thread. This post will give you an excellent overview of your options:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

[sidkrose]

I sponsored my German partner, let me know if I can help

We went the spousal sponsorship "Outside" of Canada route. It was very quick going through the Berlin office, they are  generally very good.

[frantastic]

We are applying from within Canada. We are also thinking to apply for an extension of her visitor visa due to long processing times. Her Visitor Visa expires end of April. We thought a one year extension should be fine, thoughts?

[sidkrose]

What are your reasons for going through the inland route? You know that she can still "visit" you in Canada the whole time the application is being processed "Outland", right? The inland route takes much much longer, she can not leave the country while it is in process and there is no right to appeal. Berlin is generally extremely quick, and she can visit you on visitor record the whole time it is being processed, she is allowed to leave the country, and you can appeal if refused. I would very strongly advise outland.

EDIT: Just to clarify, there is pretty much NO reason that a German citizen should apply the inland route except in very unusual circumstances.

[CharlieD10]

Sidkrose is correct.  Berlin is extremely efficient in processing applications and she could be a PR long before your application was even assessed Inland, by going the Outland route.  She does NOT need to be outside Canada to apply through Berlin, she can stay with you the entire time as a visitor.  Ask sidkrose any questions on his application, his experience will be very useful.

[Indigo]

I also would strongly advice an outland application. Since your wife is German, it will go through Berlin, which is a pretty fast Visa Office.
It is not clearly written on the CIC website, but you do not have to in fact be outside of canada to apply from outside of Canada, confusing as it may sound.

Just in case you were wondering, here are the most important things you have to keep in mind when you have to choose between inland and outland:

Outland:
* you may visit Canada while you wait, but you may not work or study
* you are free to leave Canada if you want/have to
*  right of appeal
* Most likely considerably shorter processing time. It currently takes Mississauga 2 to 3 months to assess sponsorship approval (1st step), then it takes Berlin (2nd step) 4 months to finalize 50% of applications and 8 months to finalize 80%.
* If an interview is required (usually not for Berlin family class) you have to fly to Berlin to attend it

Inland:
* you are advised to not leave Canada while you wait, but you will not be automatically allowed to stay, you have to arrange that seperately through visitor extensions.
* no right of appeal
* most likely considerably longer processing time. Stage 1 takes currently about 11 months. Stage 2 takes currently about 8 months.
* after stage 1 is done, you may apply for a temporary work permit
* a landing interview is usually required and will take place within Canada.

Since I am dutch, my outland case, like hers, is processed in Berlin. I applied outland, but am already in Canada as a "visitor" while we wait for me to become a PR. Meanwhile I volunteer and do all these things that I usually had no time to do, like scan and organize my complete photo collection.
My visitor status ran out on December 26, but I applied for an extension in late November. It will take 4 or 5 months to process, meanwhile I'm legally here on "implied status". This means that while I wait, it is assumed that I am supposed to be here. It is very possible that Berlin will be done with me before I even get an answer on that extension. :-)

I would definitely apply outland in her case. Her chances of an interview for Family Class through Berlin are extremely low, especially if your case is straight forward and you include ample proof of your relationship. She will most likely be done in less than a year, probably even less than 9 months. If she applies inland, she will probably take 1½ years. If you ask me, inland is only advisable for people from countries with long processing times. Berlin is not one of those.

[Franzi]

Hi guys,

I just found this forum and hope I can get some answers! I am German, came to Canada in April 2011 with a Working Holiday Visa and I'm getting married to my Canadian in March.

I found out that there are 2 options for me to be able to stay here (we have an apartment together and I have a job here), which is
1) extending my work visa   or
2) going through the sponsorship application process in the family class.

My employer has applied for the LMO in November but there are no news yet and I'm just getting really anxious that time is running out. I actually didn't know that we could apply from outside of Canada even though I live and work here. I also just found out that I should have the medical exams done before submitting the application, is that right? I just don't know if I should do that now or if I should wait for the LMO.. I just don't want to be too late for everything.

Thank you for your help!!

Franzi

[hopetoland]

I went through Berlin too and it went pretty fast, 5 weeks!
Do the family class sponsorship.
My husband and I lived in Germany and we thought it'll be somehow harder.

Let CharlieD explain you everything, pretty good!!


Bye

[Elizabeth Joe]

Hi guys,

I just found this forum and hope I can get some answers! I am German, came to Canada in April 2011 with a Working Holiday Visa and I'm getting married to my Canadian in March.

I found out that there are 2 options for me to be able to stay here (we have an apartment together and I have a job here), which is
1) extending my work visa   or
2) going through the sponsorship application process in the family class.

My employer has applied for the LMO in November but there are no news yet and I'm just getting really anxious that time is running out. I actually didn't know that we could apply from outside of Canada even though I live and work here. I also just found out that I should have the medical exams done before submitting the application, is that right? I just don't know if I should do that now or if I should wait for the LMO.. I just don't want to be too late for everything.

Thank you for your help!!

Franzi

Hey Franzi,

to apply for PR through spousal sponsorship, you have to wait until you are married before you can apply. Then if you go the outland route (which is generally faster)  it will be probably around 2 months for sponsorship approval  and than between 1 - 9 months (usually) to get finalized in Berlin. So no matter what, you'll not get your PR  before your working-holiday visa expires. But you could change your status into a visitor status, only you couldn't work while waiting.
I would go that way, because even if you can get another work visa through your employer while waiting, your PR application would still go on and when you have PR status, you don't have to worry about work visas anymore.

[Franzi]

Hi Elizabeth,

thank you for your advice! I know that if we apply from Canada, I could send an application for an open work permit with the application, so that I could start working after the first step is completed. Would that be the same with applications from outside? If yes, and they're really that fast, I wouldn't be without a job for a very long time.

We're getting married on March 24 and my visa expires on April 9, and as long as I change my status until my visa expires, I would be allowed to stay, right?! Can we submit the application after my visa expires or do we have to send it before April 9 and include the application for changing my status? And do I have to complete the medical examinations before submitting the sponsorship application?

Another question, out if curiousity: How is it possible yo apply "from outside of Canada" even though I'm already here and won't leave before submitting the sponsorship application?

Thank you so much for your help, you're giving me hope that everything might be a bit easier than I thought.

Franzi

[CharlieD10]

1. You don't get an OWP until after the 10-11 months it takes for first stage approval if you apply Inland.  If you apply through Berlin, you could be landed and a PR long before that, with the right to work.

2. Apply for your change of status at least 30 days before your current status expires.  You will be able to stay under "implied status" until such time as your application for change of status is completed.  You can submit your spousal application afterwards.  In any case, they go to two different offices.  Yes, you must do the medical and submit it with the sponsorship application.

3. It is possible because regardless of your physical location you retain the right to have your application processed by the visa office responsible for persons of your nationality.  That is not affected by your being in Canada and remaining under visitor or other status.