Advice on Inland V Outland applications

[chrisrowley]

Hello,

I was hoping to get a little bit of advice regarding my PR application.

I'm from the UK and have been living with my Canadian girlfriend for 2 years. I'm looking to apply through the spousal sponsorship stream, but am having trouble figuring out whether to apply as an Inland candidate or through the UK visa office. I know that the processing times are a lot shorter with the latter, so hopefully I can do that, as my current working visa expires in late August of this year.

Any help would be much appreciated.

Thanks, Chris

 

[MonikaR]

Overall the processing times are pretty similar, but the first stage approval for Outland is a lot faster. The thing with Inland is that it's 6 months for first stage approval, but then you can get an Open Work Permit. If you apply Outland then you won't be able to get that open work permit during the entire process. That was what made the decision easy for me- I want that OWP!!

 

[Rob_TO]

Hello,

I was hoping to get a little bit of advice regarding my PR application.

I'm from the UK and have been living with my Canadian girlfriend for 2 years. I'm looking to apply through the spousal sponsorship stream, but am having trouble figuring out whether to apply as an Inland candidate or through the UK visa office. I know that the processing times are a lot shorter with the latter, so hopefully I can do that, as my current working visa expires in late August of this year.

Any help would be much appreciated.

Thanks, Chris

If you apply inland, then you can stay in Canada during the entire processing with implied status. Actually you are not supposed to leave during processing, not even for vacations or visiting back to UK. With inland you can get an open work permit after stage 1 approval. According to the inland thread, many people these days are waiting 8-9 months for first stage approval.

With outland applying through London visa office, with s straightforward application you could probably have your full PR done within less than a year or possibly within the same time it would take for stage 1 approval inland (check the London thread for more current info and times). With outland you can come and go from Canada as you please, however you must keep renewing your visitor, study, work or other visas if you want to stay. There is no implied status with outland so if you can't get a valid visa to stay here, you have to return to UK to wait out processing (though it shouldn't be difficult for you as visa-exempt passport holder to get new visitor status here).

 

[Line.a]

I'd definitely choose Outland over inland.. Inland seems to take a long time. I'm 5 months into our inland process and we haven't heard nothing yet. But it depends on your own situation. With Outland you'd need to extend your stay as a visitor or leave Canada if you're unable to. With inland a pending OWP gives you implied status but you'd wait a fair amount of months before you are able to work again. Also if you choose Outland you may have to travel to England for an interview if you decide to stay in Canada as a visitor.

 

[canuck_in_uk]

With inland a pending OWP gives you implied status but you'd wait a fair amount of months before you are able to work again.

Not always. If the current work permit is extendable and the inland PR app and OWP app are submitted before it expires, the person CAN CONTINUE TO WORK under the same conditions of the previous work permit while on Implied Status.

 

[Line.a]

Not always. If the current work permit is extendable and the inland PR app and OWP app are submitted before it expires, the person CAN CONTINUE TO WORK under the same conditions of the previous work permit while on Implied Status.

I guess you're right!

 

[An.drea]

I have a related question.

I am a Canadian sponsoring my German husband. He graduated from a Master's program here and obtained a three year work permit. He will have 14 months left on the permit when we plan on submitting the application.

We are planning to go to Germany for Christmas, can we do this if we apply inland? His work permit is still valid when we plan to travel.

 

[Sweden]

I have a related question.

I am a Canadian sponsoring my German husband. He graduated from a Master's program here and obtained a three year work permit. He will have 14 months left on the permit when we plan on submitting the application.

We are planning to go to Germany for Christmas, can we do this if we apply inland? His work permit is still valid when we plan to travel.

if you apply inland, you're supposed to stay in Canada. You can always take a chance, go out of Canada, and try to come back. If he comes back into Canada, good. If you any reason he is denied entry (for example: the border officer sees that he has an inland application and decides that your husband didn't follow the rules etc.), then the application is deemed abandoned and you would have to start all over again. Of course - nobody can tell you in advance if he will be denied entry at the border or not. Most people say that with a valid work permit, and a visa-exempt passport, he should be fine - but there is no guarantee, and you should really consider if it's worth the risk.
If you apply outland, then no issue- he is allowed to travel, and in the (unlikely) case he gets denied re-entry, then his PR application will go on as normal.

Sweden

 

[chrisrowley]

Thanks for all your replies. My work permit was granted through the IEC, and is actually my second year-long visa. So if I apply through the inland stream, and I attach a separate request for an OWP - before my current one expires - I can work under implied status? And in that case would my submission receipt or something of that nature be sufficient proof for an employer?

 

[Sweden]

Thanks for all your replies. My work permit was granted through the IEC, and is actually my second year-long visa. So if I apply through the inland stream, and I attach a separate request for an OWP - before my current one expires - I can work under implied status? And in that case would my submission receipt or something of that nature be sufficient proof for an employer?

No. IEC visa are not extendable. They are renewable for some countries (once usually, other countries have different rules), but they are not extendable. You can only continue working under implied status if your current work permit was extendable.

In that case, outland is probably a better option. If you go with an inland application, you won't be able to work, but you won't be able to leave the country either, but you will be under implied status for staying in Canada (meaning you don't have to have a valid tourist visa etc.) If you apply outland, you will have to maintain your status - when your IEC visa runs out, apply for a "change of permit", and ask for a visitor status. (or go to the nearest border, exit and re-enter if you're from a visa-exempt country ).
Sweden

 

[chrisrowley]

Thanks Sweden, I think Outland may be the best option too given the processing times - and the fact I can't get the OWP anyway.

One last thing if I may - is the application process the same? Do I just send it to a different location?

 

[Sweden]

Thanks Sweden, I think Outland may be the best option too given the processing times - and the fact I can't get the OWP anyway.

One last thing if I may - is the application process the same? Do I just send it to a different location?

the process is a little different. For inland: it goes to Vegreville, and stage one is about 6 months ( well listed as 6 months but currently taking about 8 months). After that, you get an "approval in principle", and there is an additional 8 months before PR.

Outland applications go to Mississauga (make sure you fill out the right application, as the 2 packages are different) for stage 1, currently about 30 days. The sponsor part is looked at, and for most people it's a pretty straightforward thing - the "real assessment" starts only at stage 2. Everybody goes through the same at stage 1, stage 2 is handled by the different Visa Offices outland - CIC will send your application to a VO, then the process varies a bit. Since you're from the UK, your file will be sent to London.

You can see in my signature the spreadsheet for London applicants, it will give you an idea. There is also a thread for London VO applicants, so you're welcome to join and hang out while you wait out the process! quite a few people are waiting in Canada as well, so you'll get support whenever you get depressed/frustrated/angry about not being able to work etc. - If you send your application now (provided you have filled out everything, gotten the police certificates etc.), you most likely have the first stage done when your IEC runs out. Then - you're on a tourist status, and you wait... depending on your case, it can be somewhere between 4 months (straightforward case, no documents missing, and quite a bit of luck!) to 11 months... in general your best bet is to make sure that your application is as complete as possible, because any additional request for documents delays the processing...

Good luck,
Sweden

 

[Rob_TO]

I have a related question.

I am a Canadian sponsoring my German husband. He graduated from a Master's program here and obtained a three year work permit. He will have 14 months left on the permit when we plan on submitting the application.

We are planning to go to Germany for Christmas, can we do this if we apply inland? His work permit is still valid when we plan to travel.

If you have 14 months left on a valid work permit at time of application, there is absolutely no reason why you should apply inland. If you do an outland app your husband can come and go out of Canada as he pleases during the processing, and continue to work with his valid permit. His PR would almost certainly be done well before the work visa was up... probably within 12 months or less (check the Vienna thread for more up-to-date info on current processing times).

There is simply no good reason at all to choose an inland application.

 

[An.drea]

If you have 14 months left on a valid work permit at time of application, there is absolutely no reason why you should apply inland. If you do an outland app your husband can come and go out of Canada as he pleases during the processing, and continue to work with his valid permit. His PR would almost certainly be done well before the work visa was up... probably within 12 months or less (check the Vienna thread for more up-to-date info on current processing times).

There is simply no good reason at all to choose an inland application.

Thanks Rob_TO. I have a follow up question, we have decided to do an outland application. Which application package should we use?
From the CIC website:

If your spouse, partner or accompanying dependent child lives with you in Canada, use the Application for Permanent Residence in Canada—Spouse or Common-law Partner.
If your spouse, partner or dependent child lives outside Canada, use the Application to Sponsor a Member of the Family Class (FC).
If you are approved as a sponsor, the CPC will forward your family member’s application for permanent residence to the appropriate Canadian visa office to continue its processing.

Thanks for your help!

 

[An.drea]

I should add that he has been living here for more than 5 years.