How To Get Into Canada For Inland Application

[cory.areyouin]

We currently live in Idaho. My wife is a Canadian citizen and I am an American citizen. We are looking to move up to Canada now. I have read through several posts and have read through pros and cons of both inland and outland applications. Seeing that inland applications are being processed faster (18 months and it was about 10 months only a couple of weeks ago vs 23 months for outland) and the open work permit would happen sooner I am thinking that would be a better way to go. My wife can easily have work and make money and we will have some cash from the sale of our home here. We have been married for 8 years, have 4 children and have plenty of evidence of having a real lasting marriage. I am ok with not being able to leave Canada while its being processed. We just want to be up there and get the next phase of our lives going.

My main question is how do I go about getting into Canada? Do I just drive up as a visitor and then apply inland? Also, since I can be in Canada for 6 months would I have to leave Canada for a bit to "reset the clock" since my application would take longer than 6 months to process? On the CIC's website it does say that being in or out of status will not affect approval. I just want to do this right. Are the processing times fairly accurate? I understand the strike is happening and getting that settled will affect time frames.

I know if I do outland I can come and go all I want. She can make more there than I can here. So it makes financial sense to have her working. But we don't want to be apart (example: her working there and me here working). And doing inland gives me an OWP faster.

Anyways, thoughts? If there are other threads all ready please let me know. There are a lot of threads and I haven't found what I'm looking for. Thank you so much!

 

[Alurra71]

We currently live in Idaho. My wife is a Canadian citizen and I am an American citizen. We are looking to move up to Canada now. I have read through several posts and have read through pros and cons of both inland and outland applications. Seeing that inland applications are being processed faster (18 months and it was about 10 months only a couple of weeks ago vs 23 months for outland) and the open work permit would happen sooner I am thinking that would be a better way to go. My wife can easily have work and make money and we will have some cash from the sale of our home here. We have been married for 8 years, have 4 children and have plenty of evidence of having a real lasting marriage. I am ok with not being able to leave Canada while its being processed. We just want to be up there and get the next phase of our lives going.

My main question is how do I go about getting into Canada? Do I just drive up as a visitor and then apply inland? Also, since I can be in Canada for 6 months would I have to leave Canada for a bit to "reset the clock" since my application would take longer than 6 months to process? On the CIC's website it does say that being in or out of status will not affect approval. I just want to do this right. Are the processing times fairly accurate? I understand the strike is happening and getting that settled will affect time frames.

I know if I do outland I can come and go all I want. She can make more there than I can here. So it makes financial sense to have her working. But we don't want to be apart (example: her working there and me here working). And doing inland gives me an OWP faster.

Anyways, thoughts? If there are other threads all ready please let me know. There are a lot of threads and I haven't found what I'm looking for. Thank you so much!

Just a couple questions. Assuming the children were born in the US. Have they had their Canadian Citizenship granted to them yet?

Do you folks know WHERE you will be going when you get to Canada? If you have 4 children in tow, I am assuming you have some sort of plan since school is starting soon (assumption is that at least one of them might be school age).

Based on your answers to those questions, the information you are given will be more helpful to you, if that makes sense at all.

 

[frege]

We currently live in Idaho. My wife is a Canadian citizen and I am an American citizen. We are looking to move up to Canada now. I have read through several posts and have read through pros and cons of both inland and outland applications. Seeing that inland applications are being processed faster (18 months and it was about 10 months only a couple of weeks ago vs 23 months for outland) and the open work permit would happen sooner I am thinking that would be a better way to go. My wife can easily have work and make money and we will have some cash from the sale of our home here. We have been married for 8 years, have 4 children and have plenty of evidence of having a real lasting marriage. I am ok with not being able to leave Canada while its being processed. We just want to be up there and get the next phase of our lives going.

My main question is how do I go about getting into Canada? Do I just drive up as a visitor and then apply inland? Also, since I can be in Canada for 6 months would I have to leave Canada for a bit to "reset the clock" since my application would take longer than 6 months to process? On the CIC's website it does say that being in or out of status will not affect approval. I just want to do this right. Are the processing times fairly accurate? I understand the strike is happening and getting that settled will affect time frames.

I know if I do outland I can come and go all I want. She can make more there than I can here. So it makes financial sense to have her working. But we don't want to be apart (example: her working there and me here working). And doing inland gives me an OWP faster.

Anyways, thoughts? If there are other threads all ready please let me know. There are a lot of threads and I haven't found what I'm looking for. Thank you so much!

If you want to apply inland, you need to enter the country first as a visitor. You're allowed to do this even if your intention is to apply for PR. However, you need to make it clear that you'll leave if your time runs out and that you have no intention of working. The main point here is that you've always complied with Canadian immigration laws in the past and you and your wife have enough money to support yourselves during your stay. Even though admitting you intend to apply for PR may lead to additional questioning, I think it's best to be honest about this.

Regardless of what it says on the website, make sure you're in the country legally when you apply inland. Otherwise you'll have big headaches, even though it's possible in theory.

If you want to apply outland, it doesn't matter where you are when you apply. You can apply now if you like. Just make sure you're ready to move within a few months of whenever your PR is approved, because otherwise your time may run out and you'll need to apply again.

If, as a couple, you're in a good position financially, you'll have no trouble coming and going with an outland application. Probably if you do things inland, you'd be safest to wait until Stage 1 is over before travelling outside Canada.

Where did you hear 23 months? Are you sure that's applicable to Americans applying through the Ottawa office? The processing times for spouses through the Ottawa office from April 2012 to March 2013 are as follows:

20% processed within 7 months;
30% within 7 months;
50% within 8 months;
70% within 10 months;
80% within 12 months;

You need to add to this the one month for sponsor approval.

All in all, this time frame is fairly similar to Stage 1 for inland.

If you apply inland, you don't need to reset the clock. You can stay as long as the application is being processed. If outland, then you do need to reset the clock periodically. This can be done either by:

a) asking specifically for a longer period when you first enter;
b) applying for an extension when your six months expires; or
c) going to the border when your six months expires and crossing back into Canada.

It seems to me outland is probably the best option for you.

There could be some benefits to an inland application with respect to health coverage in some provinces. I know this is potentially the case in Alberta and BC. The reason is that to qualify for health coverage you need to demonstrate that you're permitted to remain in Canada for some length of time. With an inland application, you're on "implied status" until a decision is made on your application, so you can definitely stay long enough to qualify. Nonetheless, an outland application and a long enough enough visitor record (the paper they sometimes give you at the border saying how long you can stay) might also qualify you; you'd need to check with people who know about those provinces. Other provinces (including Ontario and Quebec) won't give you coverage until three months after Stage 1 inland, or three months after PR outland.

 

[sariss]

Outland is pretty quick. We were 7 months.

 

[cory.areyouin]

Thank you all so much.

Allura: The kids were born in the US. Our first steps are to finish my wife's US citizenship (so we don't have to go through immigration again if we want to move back later) and file with Canada to get the kid's Canadian citizenship granted. We homeschool our school aged kids (1st grade and kindergarten this year). We are probably a year out on our plan to move up. It would be nice to be sooner but it doesn't look like that will happen. We will be in the Calgary area.

Thank you frege for the tips on entering the country. We will have a decent amount of cash from the sale of our home. And my wife will be able to line up work before we come up so we will be able to support ourselves financially. I got 23 months fom the processing times website. I don't have enough posts to be allowed to post links. I assumed I would be sent to the LA visa office since its closer to me than New York. If it stayed in Ottawa that would cut it down to 15 months. 28 days for stage 1 and 14 months for stage 2. Going back to the States to reset the clock wouldn't be the end of the world. My parents and siblings would probably appreciate the visit!

sariss: how long ago did you go through the process?

 

[frege]

Thank you all so much.

Allura: The kids were born in the US. Our first steps are to finish my wife's US citizenship (so we don't have to go through immigration again if we want to move back later) and file with Canada to get the kid's Canadian citizenship granted. We homeschool our school aged kids (1st grade and kindergarten this year). We are probably a year out on our plan to move up. It would be nice to be sooner but it doesn't look like that will happen. We will be in the Calgary area.

Thank you frege for the tips on entering the country. We will have a decent amount of cash from the sale of our home. And my wife will be able to line up work before we come up so we will be able to support ourselves financially. I got 23 months fom the processing times website. I don't have enough posts to be allowed to post links. I assumed I would be sent to the LA visa office since its closer to me than New York. If it stayed in Ottawa that would cut it down to 15 months. 28 days for stage 1 and 14 months for stage 2. Going back to the States to reset the clock wouldn't be the end of the world. My parents and siblings would probably appreciate the visit!

sariss: how long ago did you go through the process?

Generally, I think US applications go to Ottawa now. I wonder if LA and New York are only for applications that have been transferred for an interview or something. People who applied from the US may be able to tell you.

Remember, you can apply outland in advance. You just need to be ready to go within a few months once it's approved. I suppose you'd need to be able to predict when your wife will be naturalized.

About your kids, they're already citizens (assuming your wife was born in Canada), and have been since birth. You'll just be applying for proof of that fact.

By the way, how long does the immigration process take in the other direction? I mean, if you wanted to move back to the US, and she wasn't naturalized.

 

[cory.areyouin]

That's good to know about Ottawa. That cuts down the processing time a bit. My wife's US naturalization is a 5-6 month process according to US immigration's website. She was born in Canada so the kids are citizens we just have to get a certificate of proof which is about a 6 month processing time last time I checked.

When we got married her US visa took about 7 months. Then her permanent residency took a few months to process and then she qualified for citizenship after three years. Not sure how different it would be this time. The first time she was my fiancé and this time would be spouse. But since she qualifies for citizenship now we figured just get it done and not have to worry about it.

So if I apply Outland, when would it be safe to go go up as a visitor? I am nervous about packing up the house and then having border problems. Have my wife and kids go up before me? Then wait until I have documentation from immigration?

 

[Spaghetti]

slightly offtopic

Frege, where did you get that information on Ottawa's processing times?

 

[canuck_in_uk]

That's good to know about Ottawa. That cuts down the processing time a bit.

So if I apply Outland, when would it be safe to go go up as a visitor? I am nervous about packing up the house and then having border problems. Have my wife and kids go up before me? Then wait until I have documentation from immigration?

Most straightforward apps go through Ottawa in way less than 15 months.

You can go up pretty much any time. As you are visa-exempt, you most likely won't have any problems. Explain that you want to visit your wife and kids while your app processes. Make sure you don't use the word "moving", as you would only be entering as a visitor. There was an American woman who was refused entry when she showed up at the border with ALL of her belongings, making it clear she intended to move to Canada. So send all of the household belongings with your wife. Just have a few bags, proof of funds (they don't usually ask to see it) and proof of your application, like the fee receipt or sponsor approval if you have it by then.

 

[frege]

That's good to know about Ottawa. That cuts down the processing time a bit. My wife's US naturalization is a 5-6 month process according to US immigration's website. She was born in Canada so the kids are citizens we just have to get a certificate of proof which is about a 6 month processing time last time I checked.

When we got married her US visa took about 7 months. Then her permanent residency took a few months to process and then she qualified for citizenship after three years. Not sure how different it would be this time. The first time she was my fiancé and this time would be spouse. But since she qualifies for citizenship now we figured just get it done and not have to worry about it.

So if I apply Outland, when would it be safe to go go up as a visitor? I am nervous about packing up the house and then having border problems. Have my wife and kids go up before me? Then wait until I have documentation from immigration?

That's useful information on US immigration. I'm a dual citizen of Canada and the US, so that gives me an idea of what it will be like if I ever move down there someday with my wife, who's British. Ironically, it might be simpler if I was only Canadian and had a job offer in the US. I hope it's simpler when you've been living together for a long time.

I wouldn't worry too much about the timing of the citizenship certificates. They'll let the kids in at the border regardless. Show your wife's passport and the kids' birth certificates and say you've applied for citizenship certificates. They may tell you off for not having proper proof, but they're not allowed to let them in as visitors, and they're also not allowed to prevent them from entering if they're convinced that they're citizens without documentation. Of course, if you have the certificates, that's one less headache.

About when you can go up, I agree with what Canuck said. The border officer needs to be convinced you'll leave if you have to and that you won't work illegally. There's a chance that if you've sold the house before you go and you're questioned about this, then you might have a problem, but this is unlikely.

Pay attention to customs formalities. If the theory is that your wife is moving back and you're visiting her, she'll need to prove she's been living in the States for at least a year, and bring a list of everything she owns that she's importing. That's called a B4.

 

[frege]

slightly offtopic

Frege, where did you get that information on Ottawa's processing times?

Here:

http://data.gc.ca/data/dataset/427337d0-7c36-4fed-8428-c6a63f8c19b3

 

[jeanmichel5678]

outland - 8 months man

 

[QuebecOkie]

Outland. You just never know when you'll want to go back, or travel, and you don't want to risk your app to do so. There's no real downside, except that you would have to travel to the U.S. if they choose to interview you. With four kids and a lot of history with your wife, unlikely. I'm an American stuck in Canada for now, and I miss my family (and particularly my nephew, who's about to turn 2 and doesn't know his Tauntie Meg anymore, as I haven't seen him since he was 10 months) terribly. If a parent, sibling, or dear friend gets sick or dies or whatever, you risk an inland app any time you travel.

 

[frege]

Outland. You just never know when you'll want to go back, or travel, and you don't want to risk your app to do so. There's no real downside, except that you would have to travel to the U.S. if they choose to interview you. With four kids and a lot of history with your wife, unlikely. I'm an American stuck in Canada for now, and I miss my family (and particularly my nephew, who's about to turn 2 and doesn't know his Tauntie Meg anymore, as I haven't seen him since he was 10 months) terribly. If a parent, sibling, or dear friend gets sick or dies or whatever, you risk an inland app any time you travel.

I think inland may be advantageous for:

- people from countries where outland processing times are long;
- people from non-visa-exempt countries who are already in Canada;
- people who already have worker or student status in Canada when they apply for PR; the status is extended automatically until a decision is made on the PR.

Also, I think it's probably reasonably safe to travel with an inland application after AIP if it's really necessary.

 

[cory.areyouin]

I was going to do inland because I was originally thinking I would be in the LA office. Inland would give me OWP sooner and the entire process would be quicker. But it sounds like the actual times are quicker than I thought. The advantages of Outland do seem to be better than going inland. Thank you everyone who has walked me through this! Please feel free to leave any further comments for me.

We are putting our extra money towards finishing our house remodel. When that's finished we can sell and move! So I am thinking I will be able to apply shortly before we move. This is subject to change of course. If this is the case, what would be the best way of going about moving? How much time should be in between my wife and kids moving and me going to visit? What should I have as evidence I am only visiting? Or should I apply for an extended visa when I drive across the border?

Thoughts?