Outland or Inland

[aj355]

I am confused whether I should choose outland or inland category (to sponsor my wife for spousal sponsorship). As I understand, I can choose either one.

I am a Canadian PR. I got PR in 2015 and got married in 2016. Me and my wife were living in U.S. since then. We just moved from U.S. to Canada recently (in May 2018). My wife is with me in Canada on tourist visa.

The main concern is that me and my wife are planning to visit India in Nov-dec for 1-2 months. I might visit for few weeks, but my wife might visit for ~2 months. It seems like there is some risk of my wife getting entry denied to Canada when she returns from India.

For Inland, she can apply for OWP, and hopefully should get it by November (current timeline indicate 3-4 months waiting for OWP).

Few questions:

1) In case of inland, what is the risk of entry being denied on OWP (with valid multi-entry TRV)?
2) In case of outland, what is the risk of entry being denied on TRV?
Background: she has multi-entry TRV valid till 2027 (indian passport). She visited Canada for 3-day trip in Dec 2017, and now is living in Canada on TRV since May 2018.
3) Is there significant difference in processing time for inland and outland (NDVO)?
4) Would she require a new PCC if she travels to India after receiving AOR?



Seniors, what would you suggest? Should we go inland or outland route?

 

[aj355]

Tagging few seniors.
@canuck_in_uk @scylla @Bryanna @Jalex23

 

[mrs_december]

1. If your wife plans to be out of Canada for 2 months, she needs to apply outland. Inland is intended that the person not leave Canada during the processing. I know that some people get away with very short trips, but when she tries to re-enter and they see a 2 month absence on an inland app, they're likely to reject the application.
2. In terms of re-entering on her TRV, she shouldn't have any more difficulties than normal.
3. Outland is usually faster.
4. She would not need any new certificates after the application is already submitted, unless she left something out of the initial application that they requested later.

 

[zardoz]

I am confused whether I should choose outland or inland category (to sponsor my wife for spousal sponsorship). As I understand, I can choose either one.

I am a Canadian PR. I got PR in 2015 and got married in 2016. Me and my wife were living in U.S. since then. We just moved from U.S. to Canada recently (in May 2018). My wife is with me in Canada on tourist visa.

The main concern is that me and my wife are planning to visit India in Nov-dec for 1-2 months. I might visit for few weeks, but my wife might visit for ~2 months. It seems like there is some risk of my wife getting entry denied to Canada when she returns from India.

For Inland, she can apply for OWP, and hopefully should get it by November (current timeline indicate 3-4 months waiting for OWP).

Few questions:

1) In case of inland, what is the risk of entry being denied on OWP (with valid multi-entry TRV)?
2) In case of outland, what is the risk of entry being denied on TRV?
Background: she has multi-entry TRV valid till 2027 (indian passport). She visited Canada for 3-day trip in Dec 2017, and now is living in Canada on TRV since May 2018.
3) Is there significant difference in processing time for inland and outland (NDVO)?
4) Would she require a new PCC if she travels to India after receiving AOR?



Seniors, what would you suggest? Should we go inland or outland route?

Why don't you just "bite the bullet" and get her PR sorted out before taking all the extra risks?
Unless you absolutely need to travel, you could sponsor inland, with all the OWP advantages.

 

[Bryanna]

Hi,

1) In case of inland, what is the risk of entry being denied on OWP (with valid multi-entry TRV)?
2) In case of outland, what is the risk of entry being denied on TRV?
Background: she has multi-entry TRV valid till 2027 (indian passport). She visited Canada for 3-day trip in Dec 2017, and now is living in Canada on TRV since May 2018.
3) Is there significant difference in processing time for inland and outland (NDVO)?
4) Would she require a new PCC if she travels to India after receiving AOR?



Seniors, what would you suggest? Should we go inland or outland route?

Considering she intends to be in India for at least two months, IMO, it would be best if you apply outland. She won't be able to apply for an OWP if you apply outland. She already has a TRV which would allow her to re-enter, but she won't be able to work while her PR app is being processed.

It's a coin toss between:
1. An outland app + re-entry on the existing TRV + can leave the country if she would like to .... but not being able to work, and

2, An inland app + OWP + can work.... but shouldn't risk leaving in November.


Processing times are the same for an inland app and a NDVO outland app i.e. 12 months

 

[aj355]

Thanks @Bryanna , @zardoz and @mrs_december

We are more inclined towards outland because of our travel plans to India.

- In case of outland, what is the risk of entry being denied on TRV?
- Also, what should my wife tell the purpose of visit at the border (at the time of re-entry)? Can she upfront tell them that she want to stay with me while her spouse PR application is being processed. Will that be seen negatively by CBSA? Or she should mention that she is coming for short trip.

 

[aj355]

Just an update, we sent our file using outland.

 

[aj355]

Also, what should my wife tell the purpose of visit at the border (at the time of re-entry)? Can she upfront tell them that she want to stay with me while her spouse PR application is being processed. Will that be seen negatively by CBSA? Or she should mention that she is coming for short trip.

It seems like my wife can re-enter on TRV while her PR application is in process with a dual dual intent.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html
"Having two intents – one for temporary residence and one for permanent residence – is legitimate."

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dual-intent-entry-my-experience.535656/

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dual-intent-why-are-so-many-afraid-to-come-as-visitor-with-pr-in-process.72072/

@Bryanna does that seems correct? or does the risk at the re-entry seems high?

 

[Bryanna]

It seems like my wife can re-enter on TRV while her PR application is in process with a dual dual intent.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html
"Having two intents – one for temporary residence and one for permanent residence – is legitimate."

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dual-intent-entry-my-experience.535656/

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dual-intent-why-are-so-many-afraid-to-come-as-visitor-with-pr-in-process.72072/

@Bryanna does that seems correct? or does the risk at the re-entry seems high?

That's correct. Also, chances of being denied entry are slim because she did not violate any conditions on her previous visit(s)