Advice on applying for PR after marriage

[Pout85]

How long after you get married can you apply for PR?

If I apply in Canada for PR can I return to the uk during the application process or do I have to stay in Canada?

Likewise if I apply in the uk can I go to visit my wife in Canada during the application process?

 

[canuck_in_uk]

You can apply as soon as you have the marriage certificate.

Regardless of where you are, apply outland; there are no benefits to applying inland as a UK citizen. You can submit an outland app while you are in Canada. You can then return to the UK if you wish or remain in Canada as a visitor, extending your status as needed.

If you submit an outland app from the UK, you can come to Canada as a visitor during the process.

 

[STHT]

Hi,

I would also really appreciate some advice on this subject as I'm struggling to understand the difference between the outland/inland procedures.

I am currently in Canada as a visitor from Russia.
My fiance and I are getting married in November and we would like to apply for my PR once we have the marriage certificate.
And ideally I would like to stay in Canada throughout the process but my visitor stay expires in February 2015.

So what would be the best way to proceed? For him to start the application as a sponsor and me to apply to extend my stay in the meantime?
How can I submit an outland app if I'm in Canada? Or am I basically just submitting it as a foreigner who's official residence is in a different country which is why technically I can't submit an inland app (as I don't have a work or study permit), is that it? ???

Does his sponsorship part and my personal application part have to happen at the same time or not?
I'm asking as I would need time to acquire the extra documents (such as police records) and of course that takes quite a bit of time.

Many thanks in advance for any advice.

 

[mcbeth]

Hi STHT. Outland means your application goes through Moscow (Warsaw now), Inland means it goes through Canada. Inland can take longer depending on the visa office abroad. You will have to get all the documents for both sponsor (husband), and applicant (you) and send it all together to CIC.

From my understanding if you apply inland you will be obligated to stay in Canada for 100% of the processing time, no going home for any reason. I'm open to being corrected if this is wrong. But you can be with your husband while an inland application is being processed.

Now then, as someone who is sponsoring a Russian spouse I can tell you a little bit about applying outland. My application was sent in Jan 2014 and started processing at the end of Feb, I was approved as sponsor and my wife's file was sent to Moscow. The average Moscow wait time then was 18 months, it's come down to 17 months in the mean time. At the end of August she was sent an email from the Embassy telling her that her application has been sent to Warsaw for faster processing. Warsaw has an average wait time of 8 months. We've waited almost 2 months without so much as a whisper from the Polish Embassy. I am in semi regular contact with someone else waiting on Warsaw and the last message from him he was closing in on 8 months without hearing anything. I have since discovered that Moscow applications are going to Warsaw, I have no idea how this extra workload is going to affect their processing times.

In the end Poland may still be quicker than Moscow, or the extra applications will cause enough delays that the Inland time might be shorter, I beleive this is 13-15 months. Can you wait in Canada for over a year without working, without going home to see family, without travelling? Do you think Poland will be efficient enough that Outland would be preferable?

Feel free to message me privately if you want more information.

 

[davek1979]

I would add something else. Technically you are allowed to come and go as you please in and inland application, but if they call you for a reason and you can't get to the meeting then application will be considered abandoned and you will have to start over from the beginning. If you need a visa to enter Canada and do inland application and leave Canada for any reason, it will be extremely difficult to get back in.

The benefit with inland is after the stage 1 processing you will basically get the benefits of PR like health care and an open work permit if you apply for it when you submit your application. Outland you will not until everything is done.

Having said that if you are outland and need to go for an interview it will be at the processing visa office. You can also apply for a visa to come to Canada. It is up to you and your spouse.

 

[STHT]

mcbeth, davek1979

Thank you both for your replies, this is already very helpful.

I do still have a current multiple visit visa, so that's not really an issue at the moment.

However, I really do want to stay with my husband, therefore the inland application is my preferable choice.
I'm just trying to understand whether once we apply for the PR inland, do I have implied visitor status from that moment onwards or do I need to apply for an extension of my visitor status in parallel to the PR application?

I want to do is as properly as possible, even if it's more paperwork...

mcbeth, i sincerely think that moving the application services to Warsaw was probably for the best. I can only imagine how hard it must be to wait for you spouse, but it's still probably a much better chance than you would have with Moscow. I think that Eastern European countries are really trying to "prove" themselves in a sense and therefore perform at a slightly higher and more efficient level than Russia would. Just to give you an example, last year I applied for my new international passport and it took more approx. 3 months to get it instead of the "promised" maximum of 1 month. The reason for the wait? I had work experience outside of Russia. And they wouldn't accept anything from me that would have potentially accelerated the process (like original work permits and copies of my foreign ID cards during my time there), nope, just kept me hanging.

The thought of giving up travelling or family visits is, of course, a bit daunting, but at the same time I wouldn't even want to do that without my husband, so my priority is to stay with him.

davek1979, are there special separate applications for both the healthcare and open work permit, or just the work permit?

 

[PTJ]

You can apply as soon as you have the marriage certificate.

Regardless of where you are, apply outland; there are no benefits to applying inland as a UK citizen. You can submit an outland app while you are in Canada. You can then return to the UK if you wish or remain in Canada as a visitor, extending your status as needed.

If you submit an outland app from the UK, you can come to Canada as a visitor during the process.

So for a UK spouse with IN-LAND application it doesn't really matter and no restriction on going out and in Canada? What's the basis of this and any confirmation of this from CIC website please?

 

[PTJ]

How long after you get married can you apply for PR?

If I apply in Canada for PR can I return to the uk during the application process or do I have to stay in Canada?

Likewise if I apply in the uk can I go to visit my wife in Canada during the application process?

You might find this helpful:
http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Advantages_of_spousal_sponsorship

 

[canuck_in_uk]

However, I really do want to stay with my husband, therefore the inland application is my preferable choice.
I'm just trying to understand whether once we apply for the PR inland, do I have implied visitor status from that moment onwards or do I need to apply for an extension of my visitor status in parallel to the PR application?

The thought of giving up travelling or family visits is, of course, a bit daunting, but at the same time I wouldn't even want to do that without my husband, so my priority is to stay with him.

To be honest, outland is probably the better choice for you. davek1979's app was initially in Moscow and then transferred to Warsaw, which unfortunately does add some time. Your app will go straight to Warsaw. Warsaw processing times will probably increase in the next few months as they factor in the Russian apps but will still be faster than inland. Also, outland gives the 100% assurance that you can leave Canada to visit your family without risking your PR application, whereas inland doesn't. Though you have a multiple-entry TRV, entry to Canada is never guaranteed and your PR app would be cancelled if you were refused entry.

So for a UK spouse with IN-LAND application it doesn't really matter and no restriction on going out and in Canada? What's the basis of this and any confirmation of this from CIC website please?

A UK citizen should never apply inland; outland is always the better choice.

Understand that as I said above, entry into Canada is NEVER guaranteed, regardless of what passport you hold, what app you have processing etc. If a person leaves and is then refused entry back into Canada, their inland app is cancelled. Yes, the risk is low for a visa-exempt person but it's still a risk. Also, cohabiting together in Canada is a strict requirement of an inland app; if CIC believes that a couple stopped cohabiting, they will refuse the app.

 

[davek1979]

mcbeth, davek1979

Thank you both for your replies, this is already very helpful.

I do still have a current multiple visit visa, so that's not really an issue at the moment.

However, I really do want to stay with my husband, therefore the inland application is my preferable choice.
I'm just trying to understand whether once we apply for the PR inland, do I have implied visitor status from that moment onwards or do I need to apply for an extension of my visitor status in parallel to the PR application?

I want to do is as properly as possible, even if it's more paperwork...

mcbeth, i sincerely think that moving the application services to Warsaw was probably for the best. I can only imagine how hard it must be to wait for you spouse, but it's still probably a much better chance than you would have with Moscow. I think that Eastern European countries are really trying to "prove" themselves in a sense and therefore perform at a slightly higher and more efficient level than Russia would. Just to give you an example, last year I applied for my new international passport and it took more approx. 3 months to get it instead of the "promised" maximum of 1 month. The reason for the wait? I had work experience outside of Russia. And they wouldn't accept anything from me that would have potentially accelerated the process (like original work permits and copies of my foreign ID cards during my time there), nope, just kept me hanging.

The thought of giving up travelling or family visits is, of course, a bit daunting, but at the same time I wouldn't even want to do that without my husband, so my priority is to stay with him.

davek1979, are there special separate applications for both the healthcare and open work permit, or just the work permit?

If you do go the Inland route it usually takes longer. You will have implied status. You will have to apply for healthcare once you have your stage one approval. Last I recall that took 13 months. Then the processing at the local visa office starts. It is faster if you go outland processing. It is posted to be about 17 months complete in Canada with no hiccups.

 

[STHT]

If you do go the Inland route it usually takes longer. You will have implied status. You will have to apply for healthcare once you have your stage one approval. Last I recall that took 13 months. Then the processing at the local visa office starts. It is faster if you go outland processing. It is posted to be about 17 months complete in Canada with no hiccups.

The time difference between the app process inland and outland doesn't seem to be significant enough at the moment (4 Months??). Plus I don't really like that applying outland would force me to submit extra documents all of which I would have to get translated and notarized (diplomas, workbooks, etc) which is a time hassle and expensive!

Another aspect I'm still struggling to understand are the police certificates. The CIC website always refers to sending in complete app packages, which seems to include the police certificates.

However, I'm concerned that if I submit the police certificates from the very beginning, won't their validity expire while the CIC gets to the point of actually verifying them? They only seem to be valid for 1 year max.

Could I submit the package without the certificates, get them a bit later into the process and then just submit them when the CIC specifically asks (which I assume they would???...)

 

[Leon]

The time difference between the app process inland and outland doesn't seem to be significant enough at the moment (4 Months??). Plus I don't really like that applying outland would force me to submit extra documents all of which I would have to get translated and notarized (diplomas, workbooks, etc) which is a time hassle and expensive!

Another aspect I'm still struggling to understand are the police certificates. The CIC website always refers to sending in complete app packages, which seems to include the police certificates.

However, I'm concerned that if I submit the police certificates from the very beginning, won't their validity expire while the CIC gets to the point of actually verifying them? They only seem to be valid for 1 year max.

Could I submit the package without the certificates, get them a bit later into the process and then just submit them when the CIC specifically asks (which I assume they would???...)

The PCC's must be less than 3 months old when you apply but they are normally considered valid for the duration of your application even if it takes longer which is mostly the case. I would not advise sending an incomplete application as immigration could simply refuse it all together.