Both in Canada - Can we apply to Mississauga - she plans on going back to Korea

[eeyew]

Hi All,

I have a question. My wife is currently visiting me here in Canada. We plan on submitting the application form and we are debating whether to do it in Canada or outside Canada. Even though she's in Canada with me, can I still send the application to Mississauga? She's planning on returning to Korea before her 6 months is up.

Thanks

 

[Jasmine Hoover]

If she is just visiting and is going ot be outside of Canada during the process then I would send it to Mississauga.

 

[Leon]

She always has the right to get her file processed in her native country and like Jasmine said, if she is leaving Canada again, you should go for Mississauga (outland)

 

[jaundice_p]

My advice will be that u send it to Missisuaga(i.e Outland application)...being that Outland will only take 5-7 months(if ur wife is korean).. inland can take u between 1-2 yeares depending and she may not obtain a work permit until the first approval stage is determine(maybe upto 6 months).
Good luck.

 

[RobsLuv]

Keep in mind that if she returns to Korea and you file to sponsor her for permanent status, she will be refused another visitor visa to come back to Canada.

There are advantages and disadvantages to both processes. Your wife's situation is one reason that people sometimes choose the inland process - it keeps them together and gives the applicant legal temporary status in Canada while waiting for PR to be approved. But the inland process does take longer (12-18 months total), a work permit is not available for at least six months, you still have to maintain legal temporary status or the application is significantly delayed, and there is no right of appeal with an inland ap.

If a temporary separation is okay with you, and if it's important to your wife to be able to go back to Korea freely, don't file inland as she will not be able to leave Canada (or she risks the PR application) until after PR is approved. In that case the outland process is much better, and you can expect her to have her PR visa in about 3 - 6 months (whether through Beijing or Seoul).

 

[AMB]

Re: Both in Canada - Can we apply to Mississauga - she plans on going back to Ko

RobsLuv,

I'm wondering what makes you think she will be refused another permit when she tries to return to Canada? She's from a non-visa country, and should be able to receive another visitor record when she returns, but of course, it would be up to the officer at the airport to make the decision.

When submitting from outside Canada, and spouse is in Canada, keep in mind that if she receives notification from the visa office abroad that they need an interview, she'll have to make arrangements to get there, otherwise application could be cancelled by IO.

 

[med]

i would opt for outland one since she is going back to korea its better for ya and easier in matter of time .

 

[RobsLuv]

RobsLuv,

I'm wondering what makes you think she will be refused another permit when she tries to return to Canada? She's from a non-visa country, and should be able to receive another visitor record when she returns, but of course, it would be up to the officer at the airport to make the decision.

When submitting from outside Canada, and spouse is in Canada, keep in mind that if she receives notification from the visa office abroad that they need an interview, she'll have to make arrangements to get there, otherwise application could be cancelled by IO.

I know, it's a bit convoluted and I was trying to cover both bases as the OP didn't mention whether his wife is from North Korea, or the Republic of Korea, which makes the replies more confusing.

The Republic of Korea is visa-exempt, but North Korea is not. If she requires a visitor visa to come to Canada, it will be denied if she has a PR application in process. If she is from the Republic of Korea she could attempt to enter Canada with a PR ap in process, but without her husband accompanying her and/or without proof of significant ties to home, she could be turned back.

Basically though, the deciding factor would be her desire to be able to return to Korea (as mentioned by the OP) before she becomes a PR. If she files inland she will risk the PR ap if she leaves Canada during processing - which means a couple of years before she can return to Korea. The OP mentioned that she intends to return to Korea, and asked whether they could file through Mississauga even while she is in Canada now, and if she intends to return to Korea, the outland process is the only option.

Whether she is visa-exempt or not, she can still apply outland while visiting in Canada - it's just important that she maintain her temporary status as long as she stays and, if applying outland, be aware (as you said) that if an interview is required she will have to attend it at the overseas visa office . . . and she might not be allowed to re-enter Canada afterwards - visa exempt or not. Which takes us back around to considering an inland application, especially if she is not visa-exempt.