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Is it better to apply to sponsor husband from inside or outside Canada?

aprilz

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Sep 7, 2010
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Hi all,

I'm new here and my husband and I are want to go back to Canada in the spring. We've seen that applying from Germany has an average processing time of 6 to 9 months and calls for more documents and more translations.

Applying from within Canada takes 30 to 60 days on average and is definatly less paperwork.

Is there any disadvantage (besides him not being able to look for work immediately) to applying from within Canada? It would give us so much more planning security as we have to give 3 months notice on our jobs and apartment in order to leave Germany. I am worried that if it takes 9 months to get a visa applying from Germany, the medical exam and hence visa would expire before we could give notice and leave our employers!

He is English. It is a very straightforward case. We have a two-year-old with Canadian citizenship, a decent amount of savings and a rental income from the UK. I can't see any reason why they could refuse us or delay the processing. . .

What are your thoughts?

Thanks! April, Wayne & Rory
 

scylla

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I think you're looking at the wrong time lines. First stage approval alone for the inland (within Canada) route is currently 8-9 months.

See time lines for Vegreville - spouse or common law partner class:

http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship

I believe the 30-60 days you're referring to is the sponsor approval (first stage) of the outland (outside of Canada) route that is handled through the Mississauga office (before the file is transferred to the country specific office).
 

HoneyBird

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I copied this from another poster which i thought would be helpful to you..
Married, common law or conjugal partners

First you need to pick an application class. There are three of them: married, common-law and conjugal. For all of them, you need to prove the genuineity of your relationship. For common-law, you need to prove that you have lived together for 12 months or longer. For conjugal, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal is the hardest to prove. For example, if your partner could get a visit visa to come to Canada for 6 months and then apply for an extension to get the full year, even though they will not be allowed to work, that is not considered an immigration barrier. An immigration barrier is if your partner tries to get a visit visa to come to Canada and is repeatedly refused. Some people have had luck with the conjugal class but try to avoid it if possible.

Outland or inland?

Now you need to decide if to apply outland or inland. If your spouse is not in Canada and can not get a visa to go to Canada, you must apply outland. That means that you will send your application to Mississauga and they will approve you as a sponsor. The time that takes is usually 1-2 months to but current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship After that, the application is forwarded to your local visa office. If your spouse is residing in a country other than the country of their nationality, you can pick which of the two visa offices you want. Otherwise it will be processed in their country of nationality. You can see the processing times here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

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. You can find the application forms for inland at http://www.cic.gc.ca/english/information/applications/spouse.asp and the application forms for outland at http://www.cic.gc.ca/english/information/applications/fc.asp

Avoiding potential problems with your application

The most common reason for people to be called for an interview is that the visa officer has doubts about the relationship being genuine. It is up to you to send immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Other reasons you might have problems with is eligibility of the sponsor. The sponsor can not be on social assistance, can not be bankrupt and can not have a record of violent crimes or crimes against family members. If that is the case, better talk to a lawyer and get that cleared up before attempting to apply.

Dependent children

If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada. They will need to have medicals as well to keep the option open to sponsor them later. The only way that immigration will accept the application without those medicals is if the children are no longer minors and refuse to have it or if the children are in the full custody of their other parent who refuses to make them available for medicals. In that case, your spouse needs to sign a statement stating that they know that they will never be able to sponsor these children to Canada in the future.

Dependent children are classified as single and either under 22 years of age or if they are older, they must have been full time students since before age 22 or dependent on their parent due to a disability or medical problem.

Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Sponsoring your spouse while living in another country

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

If you are a PR, you must reside in Canada in order to sponsor your spouse. You can chance short vacations (remember that a Canadian vacation is generally no longer than 2 weeks) but if immigration finds out that you are not in Canada, you risk getting your application refused.
 

Leon

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aprilz said:
I'm new here and my husband and I are want to go back to Canada in the spring. We've seen that applying from Germany has an average processing time of 6 to 9 months and calls for more documents and more translations.

Applying from within Canada takes 30 to 60 days on average and is definatly less paperwork.

Is there any disadvantage (besides him not being able to look for work immediately) to applying from within Canada? It would give us so much more planning security as we have to give 3 months notice on our jobs and apartment in order to leave Germany. I am worried that if it takes 9 months to get a visa applying from Germany, the medical exam and hence visa would expire before we could give notice and leave our employers!

He is English. It is a very straightforward case. We have a two-year-old with Canadian citizenship, a decent amount of savings and a rental income from the UK. I can't see any reason why they could refuse us or delay the processing. . .
If your husband in English, you do not need to apply through Germany where you live, you could also apply through the UK as it is his country of nationality. London is faster than Berlin. You could expect a processing time of 42 days in Mississauga, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship and after that the file goes to the visa office. If you look at http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp#europe you will see that London takes on average 3 months and Berlin takes on average 5. The only problem with applying while you are still both outside Canada is that you have to show proof of plans of moving to Canada when your husband gets his PR.

If you apply inland Canada, he has to be in Canada first. That means you up and move to Canada with him on a visit visa. He can not work until his first stage approval which will take 8-9 months, see http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res and he will also not have health care.
 

Chester

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Jan 25, 2011
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It is probably quicker outland. We have been applying from inside Canada and so far it has been a year. My wife is Canadian and I am Australian. Together we have 2 children and and have been married for 10 years. Accoirding to my file they are only now looking at the sponsorship. You cannot get a response when you ring them and no answer on a timeline. I purchased a couple of properties in Canada before immigrating to show how serious we were.
In retrospect we should have immigrated to Australia nad spent this money used so far for yearly visits. Canada seems to go against family unification despite all it's publicity proposing the opposite.
If you apply outside you can at least maintain some semblence of a life. You can also continue to earn income rather keep spending money sitting around. The system here goes against all they signed in nemerous treaties. EWhilst sitting here waiting I was informed recently my father in Australia was dying, I contacted an immigration worker and told them my story and I was politly informed that if I left the country for any reason my application would be void. This is a humanitarian country for sure.
I came with all the good intentions of investing here and making a permanent life for our children here, we even have our children in an Acadian school so they are bilingual for better future opportunities. We are now considering selling the 4 properties we have and taking it and investing it in Australia. The system there in much more humane and conso a long story short, from iside Canada is not quicker!
 

rjessome

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Feb 24, 2009
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Chester said:
It is probably quicker outland. We have been applying from inside Canada and so far it has been a year. My wife is Canadian and I am Australian. Together we have 2 children and and have been married for 10 years. Accoirding to my file they are only now looking at the sponsorship. You cannot get a response when you ring them and no answer on a timeline. I purchased a couple of properties in Canada before immigrating to show how serious we were.
In retrospect we should have immigrated to Australia nad spent this money used so far for yearly visits. Canada seems to go against family unification despite all it's publicity proposing the opposite.
If you apply outside you can at least maintain some semblence of a life. You can also continue to earn income rather keep spending money sitting around. The system here goes against all they signed in nemerous treaties. EWhilst sitting here waiting I was informed recently my father in Australia was dying, I contacted an immigration worker and told them my story and I was politly informed that if I left the country for any reason my application would be void. This is a humanitarian country for sure.
I came with all the good intentions of investing here and making a permanent life for our children here, we even have our children in an Acadian school so they are bilingual for better future opportunities. We are now considering selling the 4 properties we have and taking it and investing it in Australia. The system there in much more humane and conso a long story short, from iside Canada is not quicker!
Something is either wrong with this story or you really mucked up your application. First of all, AIP for inland is taking 8 to 9 months. You say it's been a year and they are only looking at the sponsorship portion now. Secondly, if you are from a visa exempt country and have H&C grounds for travel AND have an application in process with a Canadian wife and two Canadian children in Canada, it is very unlikely you would be denied re-entry at the border. If you spoke to someone at CIC, they should have told you that inland applicants who leave Canada and are UNABLE to re-enter will have their applications refused. And why would you apply inland at all? Why didn't you apply outland through Sydney?

To the OP, follow Leon's advice and apply through the UK.
 

sogwap

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Chester said:
In retrospect we should have immigrated to Australia nad spent this money used so far for yearly visits. Canada seems to go against family unification despite all it's publicity proposing the opposite.
I completely agree. Although they say they give families priority. The stress of trying to start a new family is unbelievable. The happiest year of your life turns to a undue stress and hardship.
 

rjessome

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sogwap said:
I completely agree. Although they say they give families priority. The stress of trying to start a new family is unbelievable. The happiest year of your life turns to a undue stress and hardship.
I read about your situation and sympathize. But in your case, you haven't even applied for sponsorship or PR yet. How can that be Canada's fault?
 

sogwap

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rjessome said:
I read about your situation and sympathize. But in your case, you haven't even applied for sponsorship or PR yet. How can that be Canada's fault?
I didn't say it was "Canada's Fault", other than that they deny new families the means to support themselves or force them to live apart.

The fact is that it has been illegal for me to work in Canada. After being in Canada for one year I finally got my FBI report so that I could file for PR, because of that my wife has been hesitant sponsor me.

Sadly most Canadian do NOT understand their own immigration system. As a Canadian they have the inherent right to live and work in Canada where ever they are qualified. Most Canadian's don't understand that it is not that you can not work, but that it is illegal.
 

canadianwoman

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aprilz said:
I'm new here and my husband and I are want to go back to Canada in the spring. We've seen that applying from Germany has an average processing time of 6 to 9 months and calls for more documents and more translations.

Applying from within Canada takes 30 to 60 days on average and is definatly less paperwork.
You looked at the wrong processing time list.
Outland is much faster than inland. The '30 to 60 days' you quote is probably the time it takes Mississauga to process the sponsorship part of the application. The application, if the sponsor is approved, is then sent to the overseas visa office.
In your case, outland is definitely better. Apply through London or Berlln - London is faster. Use the outland forms, and send everything to Mississauga.
 

patiently_waiting

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aprilz said:
Hi all,

I'm new here and my husband and I are want to go back to Canada in the spring. We've seen that applying from Germany has an average processing time of 6 to 9 months and calls for more documents and more translations.

Applying from within Canada takes 30 to 60 days on average and is definatly less paperwork.

Is there any disadvantage (besides him not being able to look for work immediately) to applying from within Canada? It would give us so much more planning security as we have to give 3 months notice on our jobs and apartment in order to leave Germany. I am worried that if it takes 9 months to get a visa applying from Germany, the medical exam and hence visa would expire before we could give notice and leave our employers!

He is English. It is a very straightforward case. We have a two-year-old with Canadian citizenship, a decent amount of savings and a rental income from the UK. I can't see any reason why they could refuse us or delay the processing. . .

What are your thoughts?

Thanks! April, Wayne & Rory
Just a thought and it may not be something you are interested in however - what if you apply out land through the UK, you and your childrend (who should have Canadian citizenship by default no?) could go to Canada then your husband could follow on a visitor visa and the timeline would be shorter. The only drawback is if he has to go for an interview you would have to be prepared for him to fly to London however the timeline would be shorter and you could be together. Just an idea but it gives you another option :D