FILING AN OUTLAND WHILE LIVING IN CANADA

[zainy]

Hi all,

I am already living in Canada with my husband who I got married to in June 2014. I came to Canada on a visitor visa and have been on one ever since. I have extended it once since I was putting together my inland paperwork and I have received an extension until January 2015.

I have recently been advised to file an outland since my country's (Kenya) VO is processing PR applications fasted than the inland application. My concern is that if I file an outland application, would I still be able to live in Canada with my husband while the paperwork is being processed?

Would I be able to apply for an extension on my TRV if I have filed for an outland application? I know CIC typically extends your TRV if you are filing an inland application. I would like to know my chances of receiving an extension if I filed for an outland? I would hate to be separated from my husband so I'm struggling with the decision on whether to file for an inland and suck up the long processing time or file an outland and risk having to leave Canada.

Any and all advice/suggestions are greatly appreciated. Thank you so much!!!

 

[MilesAway]

Lots of people have applied outland while living in Canada, and CIC's site and guide even encourage people to do so.

The odds of you being granted an extension after applying for PR are quite good.

 

[ACS]

I am not a pro on here, so maybe wait for a more reliable answer to be 100% sure, but I believe you can do this. However if you are called for an interview, you will have to travel back to your home country for the interview.

 

[zainy]

Thank you guys!

MilesAway - could you please provide the link where it mentions this on the CIC website? I can't seem to locate it.

ACS - Yes, that's what I assumed if I was called for an interview although, most people who are applying through the Nairobi VO are saying that an interview is rare unless your application has some red flags. Hopefully, more people can provide some further insight on the situation.

 

[Kayaker]

Yes, many people stay in Canada and file an Outland application. I haven't heard of anyone failing to extend their current visitor status - what I've heard of is that sometimes they give you less time than you ask. For example, I've heard of people who tried to extend their visitor status for 2 years, but they got only 1. But that's not a problem - you can always extend it again (and again) if necessary. There isn't a limit on how long you can extend your visitor's status. So next time you apply for an extension, ask for more than you think you need. In order to be approved, you do have to show how you will pay for your stay. Bank statements showing plenty of money is good, also your husband can write a letter that he will support you, his wife, while you are here, and include his bank statements and/or pay stubs.

I think the chances of an interview are small, if your case has no "red flags". If you are not sure if your case might have red flags or not, you could post a quick summary of your situation (such as how long you've known each other, what your ages are, has either of you been married before or have children, etc.) and ask people if they think you have red flags or not.

When I applied, I described my situation and people helped me identify "red flags". In our case, we met and were engaged in a short time and planned to marry quickly. People on this forum told us that CIC considers one year of dating before marriage is "normal". Therefore, we gathered lots of evidence to prove that our relationship is genuine, and we each wrote a detailed personal statement describing why we decided to get married so soon, why we think this is a good idea, and how we are prepared to handle the changes in our lives.

As long as your application is strong, the chances of an interview are small, I believe. Yes, you do hear cases of people with no apparent red flag being requested interviews, but that does not happen very often and it seems like bad luck.

 

[Kayaker]

Thank you guys!

MilesAway - could you please provide the link where it mentions this on the CIC website? I can't seem to locate it.

This is the guide for INLAND applications:
Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Scroll down a little to Before You Apply:

Processing times for spouses or common‑law partners in Canada are generally longer.

The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site.

 

[zainy]

Kayaker: Thank you so much for your prompt and detailed response. It has really helped to clarify a lot of questions I had. I will take your suggestion and post a brief synopsis of my situation so other members can help me identify any red flags.

Like yourself, my husband and I met and got engaged/married in fairly short amount of time (less than a year) however, we have tons of wedding pictures with both our families/friends as well as a detailed accumulation of our communication history so I really hope that's going to eliminate any relationship doubts.

Thanks for again for your help. Much appreciated!