American deciding between inward vs. outward spouse application

[akimont88]

Hello all,

I've tried to look all over the forums for inward vs. outward processes, but I have some special circumstances, so I thought I might write down my ideas and insights thus far and see if people who have done either process agree or disagree.

I am an American, married to a Canadian, back in 2009. Before I could start my immigration process, I got a job touring as a musician in Europe, and subsequently was offered a long contract in Singapore. That contract has now finished, and we are back in Canada, and we came back with a son, who is now 19 months old. I am here as a visitor, and my wife has started working so I can begin my immigration process. Complicating matters, my wife is again pregnant (oops! We're excited though!) and expecting in April, so we initially decided that using the inward process would be best as I can begin working sooner than the outward.

In researching both processes on the forums, I have not found much support for the inward process, as it is difficult to leave the country, and we risk losing our case if we do. I have recently found out my uncle has cancer, and I would like to see him, whether it's serious or not, especially since he has not met his great nephew yet.

Also, since my line of work is as a musician, I move from contract to contract. My wife and I would like to settle here in Canada eventually, possibly even now if I can find adequate work, but my profession has been built around performing for big theater shows, and jobs like these come up at random times, and are often in other parts of the world. I would like the flexibility to take these contracts, as some are short term, and still be able to see the PR process through and maintain my status. The biggest concern here is that if we keep accepting contracts to work around the world, it would be nice to have a place that we as a family can call "home" if we are inbetween contracts. It's very stressful sometimes knowing that an immigration problem could lead to us being separated as a family.

Please understand that it is our intention to settle here right now, but at the same time, if an amazing opportunity comes up, we just want the flexibility to be able to accept it and not jeapordize my PR status.

It is my understanding that once I am approved, I need to reside in Canada for 2 out of 5 years to retain my status, but also, if I am living with my Canadian spouse overseas while I am working, I can count that as time towards those 2 years.

It is also my understanding that if approved for a PR, I would only need to enter Canada within the time frame stated either on the approval letter, or from the 1 year date of my medical, whichever is sooner. After that I could leave the country and still have my PR status.

Based on all of this, it seems as though I should pursue the outward process. Does anyone have any thought on my situation? If I were to apply inward, is there a process to request permission to leave Canada to visit family?

Thanks all in advance!

 

[Sweden]

Hey, and welcome to the forum!

If you are from the US - apply outland. The process is faster, and the first stage inland takes currently 11 months, which should be by the time you have your PR, as very few US Can couples are denied, especially if you have a son together, etc.

- you need to stay in Canada 3 out of 5 years to maintain your residency status, not 2, so you should take that into consideration...

the years abroad only counts if you are following your canadian spouse - meaning she has a contract abroad and you are following her, not the contrary - so maybe see if it fits your situation.

About inland and special permit - no. There is no special permission for family etc, so it's best to apply outland, and be in Canada with your family on a visitor visa.

If your family is not living yet in Canada, then you would need to prove that you intend to move there. BUt if you are already in Canada ( which is the case I understand from your post), you should be fine - otherwise explain your plan, what you would have as a home, where, etc.. make it as detailed as possible, and maybe don't insist too much on the fact that you might leave the country just after being given PR...

In my opinion you should apply outland but - in the end, it's your choice. But in your case I don't see what you would gain from the inland process - you can not travel, and not work for the first 11 months, where in outland you can travel ( essential for your job and for family matters) and still remain in Canada ( no health insurance and work permit, but still you can be with your family...).

Good luck,
Sweden

 

[akimont88]

Thanks for the response Sweden. Luckily, with some of these overseas contracts I get offered, I am able to negotiate work for my wife, meaning I technically could be following her as she worked abroad. For my contract in Europe in 2009, I was able to. If I went back to work in Singapore for the same company, I would also try to do the same.

I have decided to use the outward process and have started filling out the paperwork. I do have some questions though.

I still have a residence (in the foreclosure process though) in Florida. (FYI, I bought at the WRONG time, and got a normal loan with a fixed rate, put 10% down, so only see my home become worth less than half of what I bought it for). I am currently living in Canada with my wife. I entered into Canada 01AUG2012, and of course I am visa exempt, but am required to leave after 6 months. Should I use my address in FL because it is an outward application, or can I say I reside now with my wife in Canada, but as a visitor? I know I would need to apply for an extension of my visitor status towards the end of my 6 months.

Also, a basic question...when the forms ask for start and end dates for certain things (employment, for example), what date to I put into the end column if my wife is still employed by that company? The date of the application submission?

 

[Sweden]

if you can "follow" your wife then you should be fine. I am not sure how it work for citizenship - i don't think the years abroad can count ( because once you have the citizenship you won't have to worry again about getting a PR and losing it etc - so that's the easiest!).

you can put your address in Canada, but just make sure you don't use the word "reside" - as you are a visitor, you are only staying with your wife - it may seem a bit strange but it can make a difference. Just make sure that throughout your application you mention your ties to the US ( and the house in that sense is a good thing!), so that CIC can see that you have not moved permanently to Canada without a status. BUt you can put your canadian address and explain your situation, as long as you are careful with the wording, it's no problem. A lot of other couples have done the same, and for visa-exempt, CIC recommends to do outland process even if you are staying in Canada ( it's somewhere on the website). So it's not a problem.
You can apply online for your extension if you don't want to leave Canada, and if your application is ready, or you have paid the fees, enclose the receipt as well, so they can see that you have an application going on. You will probably be given then the maximum amount of time... but as soon as you leave Canada of course when you enter you start from 0 again....

for end date - you can put either the date of the application ( when you think you will send it) or the date you fill out the form - and just add an explanation that she is still employed there. AS a sponsor she will have to prove her employment and get a certificate from her employer, so it will add up - and it's a common situation, so no worries.

Good luck, and keep asking questions if anything is unclear!
Sweden

 

[amikety]

Hi Akimont,

If you have a family member you trust, ask to use their home address for residental purposes. I use my father's address. (I also lived there for most of my life before "visiting" Canada.) However, I bought a private mail box with the UPS store nearby, then set up my mail forwarding with USPS and the UPS store. My mailing address with Immigration is in Canada and that's never been a problem.

This way, you have a residental address in the USA where you can/do get mail to list on your application. Plus, if you had to leave Canada for any reason you would be able to "go home." I'm a little on the paranoid side, but better safe than sorry?