How to apply Inland

[HoneyBird]

I am an out land application Due to the increased processing times at my office (15 months), my friend who is also married to a Canadian has now decided that he is going to do inland application.

They have been married for 2-3 years and don't want to wait an additional 15 months apart. He thinks he should just go up and at least be with her until the inland process is through.


So how does inland work?

Who is it primarily targeted for? criteria?

Can he go up on a visitor visa and then like apply right after for the spousal?

Or does he have to wait for a year to qualify for inland processing?

How long during this process can he then work?

What are the pitfalls of the inland process?

Whats the best advice to give to him now that he wants to go through the inland process?

 

[RobsLuv]

I am an out land application Due to the increased processing times at my office (15 months), my friend who is also married to a Canadian has now decided that he is going to do inland application.

They have been married for 2-3 years and don't want to wait an additional 15 months apart. He thinks he should just go up and at least be with her until the inland process is through. So how does inland work? Who is it primarily targeted for? criteria?

The inland PR application process is for spousal and common-law applicants who are in Canada with their sponsors, however it's important to understand that just because someone wants to stay in Canada with their partner, they don't have to apply via the inland application process. Their ability to stay in Canada is dependent on the temporary status they're given on entry - and extending that status to keep it valid while they are in Canada.

Can he go up on a visitor visa and then like apply right after for the spousal? Or does he have to wait for a year to qualify for inland processing?

No, there is no qualifying period before they can apply - he's been eligible to be sponsored since the day they married. The issue is that there's no guarantee that he will be admitted to Canada in the first place. Because he's married to a Canadian, it will depend a lot on where he's from - spouses from non-visa-exempt countries are typically not issued TRVs to come to Canada because, by virtue of the relationship, they can't prove they intend to leave again. If he's visa-exempt, he should seriously consider options for applying outland even while he stays with her in Canada during processing. That is a possibility but, again, it depends on where he's from.

How long during this process can he then work?[

It will be at least 8-9 months after they receive the application before he's assessed for first stage approval. If he's granted Approval in Principle after the first stage of assessment is completed, he'll be issued a new temporary status document. If he sends documented proof of his still valid temporary status WITH the inland PR ap, and an extension application asking for a change of conditions to a work permit, then he'd be issued an open work permit once AIP is given. If he submits inland and can't prove when he entered Canada (and that he's still in Canada legally), his application will be transferred to a local office for processing and that can increase the timeline by years. So it's important that the inland PR ap AND the extension application are submitted before his original status expires.

What are the pitfalls of the inland process?

Longer timeline to finalization, no right of appeal, risk of forfeiture of the application if he has to leave Canada for any reason during processing. If someone applies inland, they have to remain in Canada for the duration of the application process (12-18 months). If they leave during processing, for any reason, and they are not readmitted, they forfeit the application because it is required that they be living in Canada with their sponsor in order to be eligible for approval.

Whats the best advice to give to him now that he wants to go through the inland process?

Again, so much of it depends on where he's from. There are pros and cons to both processes. We'd have to know more of the specifics to make an honest recommendation about which process would probably work best for him.

 

[HoneyBird]

Thank you!
He is from Trinidad. But has a TRV. Has visited Canada on numerous occasions.

If he applies for out land and stays with her during the process, it means he still will not be eligible to work? Thats a major issue for him.

Does out land mean that he can leave the country (Canada) and so forth without any dramas at immigration?

He is thinking of also doing his masters in the meantime while awaiting. i am wondering if when they are submitting the spousal paperwork if he should include an application for a student visa or whether this is something to be done totally separately or maybe even before he comes to Canada. e.g. get student visa, go Canada, then apply for sponsorship?

I think having seen me in process outland, he feels its best rather to just wait out the process there with her. Which is understandable because on a second chance back, i would of probably done the same thing as i am now separated from my husband for the last 6 months.

 

[HoneyBird]

bump

 

[scylla]

He won't be able to work unless he's able to obtain a work permit. To obtain a work permit he'll need to find an employer who is willing to hire him and go through the LMO process.

He will be able to leave the country. Whether he will be able to get back in is anyone's guess (assuming he has a single entry TRV). However his outland application won't be deemed abandoned if he leaves the country and isn't allowed back.

If he is planning to study, he should submit the student visa separately. Keep in mind that he will have to pay non-resident tuition rates which are significantly higher than resident rates.

Hope this helps.

 

[scylla]

HoneyBird -

Just to make sure there's no confusion - my answers were in response to your "what if he applies outland" question.

 

[kiwikris]

Applying inland- currently first stage approval is 9 months and during this time he would not be able to work or leave Canada as they may not lety him back in. But apply for PR and also OWP(open work permit) at the same time and then you will receive OWP after the 9 months (as long as medical is also sent in with main application) and with this he would be able to work. If he does have a student visa then yes the rates would be at international student rates....a lot of money! Having to get a TVR can make things a bit more difficult as they may deny entry if you apply outland as they may think you are not going to leave. Total time for inland varies between 9 months- 3 years or more- depending where you come from and how the background checks go. If you are here waiting for 9 months not being able to work you can volunteer, maybe study online through a school in your home country??? It can be very frustrating.

 

[boasorte]

Applying inland- currently first stage approval is 9 months and during this time he would not be able to work or leave Canada as they may not lety him back in. But apply for PR and also OWP(open work permit) at the same time and then you will receive OWP after the 9 months (as long as medical is also sent in with main application) and with this he would be able to work. If he does have a student visa then yes the rates would be at international student rates....a lot of money! Having to get a TVR can make things a bit more difficult as they may deny entry if you apply outland as they may think you are not going to leave. Total time for inland varies between 9 months- 3 years or more- depending where you come from and how the background checks go. If you are here waiting for 9 months not being able to work you can volunteer, maybe study online through a school in your home country??? It can be very frustrating.

Emphasis on "It can be very frustrating!"

 

[kiwikris]

Yes you are right boasorte VERY FRUSTRATING!!!!