INLAND APPLICATIONS 2013

[sunnynoon]

No there is no reason that I couldn't do an outland application - I just thought that meant I wouldn't be able to stay with him while the application is in process.

I am a social worker - I have a degree but no license. He is a heavy equipment operator working on the oilfields in SK. He isn't really in a position to hire me, but is trying to see if his company is in need of some office help etc.

If we were to get married, will CBSA still want proof that I am going to return to the states (because that would not be my intent once we got married). Would the fact that we have applied for sponsorship be enough for them to let me through the border to live with him while we wait out the process. Or am I going to be better off getting a job in ND, getting married in the future and waiting out the application living separately.

 

[computergeek]

No there is no reason that I couldn't do an outland application - I just thought that meant I wouldn't be able to stay with him while the application is in process.

Nope. Common misconception. Inland means "applicant must be living in Canada with spouse" but Outland means "applicant must be living somewhere on the planet". CIC is definitely a geographically confused (and confusing) organization. CPP-O is in Ottawa but is considered a "visa office abroad". Apparently Ottawa is no longer inside Canada. ;-)

I am a social worker - I have a degree but no license. He is a heavy equipment operator working on the oilfields in SK. He isn't really in a position to hire me, but is trying to see if his company is in need of some office help etc.

DING DING DING! You win the NAFTA lottery! If you can find a job that requires a degree in social work you can obtain a NAFTA professional work permit. Such a permit does not require an LMO. The need for a licence in Canada is a separate matter, but it's not a requirement for the work permit or to qualify under NAFTA - as long as you have a Baccalaureate or higher degree, you're NAFTA qualified.

NAFTA work permits require: a qualified job offer (e.g., the job listing must indicate that it requires a degree in social work or a "social worker"), evidence that you have the NAFTA qualification (e.g., proof that you have a degree in social work), $150 dollars (the application fee), the completed "application for a work permit outside Canada", two photographs (to Canadian immigration standards) and your passport and they will process you right there at the border. Normally such a permit will be issued for 1-3 years.

Now you'd just need to find a job that required such a degree. Maybe a case worker for a homeless shelter (do they have homeless in SK? We do here in Vancouver, but that's because it's warm enough here they don't freeze in the winter outside.) Or insurance work (e.g., claims reviewer for an insurance company or screening applicants for a large employer or ...) Note that the employer who wants to hire you CAN write the job description to fit you (e.g., so that it requires a degree in social work). As long as there's some plausible reason why it would be a requirement nobody is going to question it.

If we were to get married, will CBSA still want proof that I am going to return to the states (because that would not be my intent once we got married). Would the fact that we have applied for sponsorship be enough for them to let me through the border to live with him while we wait out the process. Or am I going to be better off getting a job in ND, getting married in the future and waiting out the application living separately.

Generally yes. Canada/US relationships are rather common and CBSA officers are really not all monsters. If you have evidence the application is in process (or about to be) they will generally exercise their discretion and allow you into Canada.

In addition, if they refuse you at the border because they don't think you are going to leave AND you have an application in process you can request a "temporary resident permit" asking for "early admission". The farther along the application, the more likely they are to grant this. It's discretionary but the operational manual encourages granting it in cases like yours (no issues for the application, just routine processing.) If you are admitted as a visitor you cannot work - but you can look for a job and if you GET a job go to the border and pick up the work permit.

I hope that helps!

 

[anticipation]

Everything you write is correct Computergeek. It just sounds Catch-22 nuts!
I would have gladly signed a paper agreeing to report monthly and not work while I waited for my inland application.
Instead of pretending not to want to live in Canada in order to live in Canada while awaiting the inland.
My logic may be wrong, but doesn't virutally everyone who applies inland, without a work permit, have to misrepresent their intentions when they are crossing the border?
In my case, we wanted to live together before finally deciding on marriage, but we were pretty much headed in that direction.
If our relationship had not worked out I would certainly have left, no doubt about it. But it is a pretty thin rationalization I have going there.
There has got to be a better way.

 

[computergeek]

Everything you write is correct Computergeek. It just sounds Catch-22 nuts!
I would have gladly signed a paper agreeing to report monthly and not work while I waited for my inland application.
Instead of pretending not to want to live in Canada in order to live in Canada while awaiting the inland.
My logic may be wrong, but doesn't virutally everyone who applies inland, without a work permit, have to misrepresent their intentions when they are crossing the border?
In my case, we wanted to live together before finally deciding on marriage, but we were pretty much headed in that direction.
If our relationship had not worked out I would certainly have left, no doubt about it. But it is a pretty thin rationalization I have going there.
There has got to be a better way.

It's a highly political process so it's unrealistic to expect it would be rational, sadly.

 

[AchankengCrawford]

My partner and I are in a common-law relationship and I'm planning on sponsoring him inland. Right now we're in his country and applying for a single entry TRV so that I can actually do the inland sponsorship. On the TRV application, we're indicating that we've established ourselves in his country. I have residency in his country and a job here, plus we have the lease and all that.

What I want to know is, should we sign the common-law declaration here for the TRV or will that make them think we want to stay in Canada? Also, where it asks for a commissioner of oaths, who do I get to sign in a country where no such thing exists.

I'm worried about his TRV not getting approved because he's Cameroonian. Although he previously had a TRv to Canada and we visited Canada together last year (he followed all the rules), I'm still concerned.

Thanks.

 

[wolanila]

My partner and I are in a common-law relationship and I'm planning on sponsoring him inland. Right now we're in his country and applying for a single entry TRV so that I can actually do the inland sponsorship. On the TRV application, we're indicating that we've established ourselves in his country. I have residency in his country and a job here, plus we have the lease and all that.

What I want to know is, should we sign the common-law declaration here for the TRV or will that make them think we want to stay in Canada? Also, where it asks for a commissioner of oaths, who do I get to sign in a country where no such thing exists.

I'm worried about his TRV not getting approved because he's Cameroonian. Although he previously had a TRv to Canada and we visited Canada together last year (he followed all the rules), I'm still concerned.

Thanks.

Im not sure what the best action would be here but just some personal experience for you if you like. My wife is from China and we got married in China and I also established ties to China like you have. I used to work there as a kindergarten teacher and we both had our signature on the apartment lease. When we applied for a visitor visa we were already married. The lady at the application center told us that because we were married that they would take a closer look at the application. In my eyes this was a good thing as it gave me some piece of mind that someone would actually look at it. Im not sure what made her eligible in the eyes of the VO but she also had alot of travel experience to europian countries and had enough money to support her self in Canada. I think that because your Husband has travelled to Canada before and complied with the rules that he as a much better chance at getting the visa.

When we sent in our Visitor visa application we also sent in a good amount of relationship proof like vacation tickets, apartment leases, Relationship Declaration letters from our parents and friends, Pictures. There was no question that we were Married. When we applied it was about 6 months after we got married and we ask for the visitor visa to visit and meet family in Canada and also to be able to take part in My brothers wedding. We also sent in Letters from our employers in China giving us permission to leave and saying what date we will be returning on and that our jobs will be waiting for us kind of thing. We had ticket itineraries from our travel agent and We also had invitations to my Brothers wedding as that was the original reason we were visiting Canada.

As for Commissioner of Oaths I think you can probably find one at the Canadian embassy if I am not mistaken. I needed to get a piece of paper saying that I don't have any other marriages in Canada and that I am free to marry before we could register our marriage in China. It required it to be notarized my a Commissioner of Oaths or notary in Canada if I can remember correctly.

 

[sunnynoon]

Ok computergeek- this one is a good one for you-

I found an employer willing to do LMO and this employer already has 1 employee with LMO -

My question is- given that I was denied entry once- how do I demonstrate that I will leave upon the expiration of my work permit to border patrol this time? I don't really know how someone can demonstrate this when when they are headin up to Canada with a temporary work permit- not like I can show a letter from my employer or something about me being expected back to work the end of October...

Also the CIC website says I have to demonstrate financial ability to care for myself and travel back to the US after the permit expires- what would be a reasonable amount to show this?

 

[computergeek]

Ok computergeek- this one is a good one for you-

I found an employer willing to do LMO and this employer already has 1 employee with LMO -

My question is- given that I was denied entry once- how do I demonstrate that I will leave upon the expiration of my work permit to border patrol this time? I don't really know how someone can demonstrate this when when they are headin up to Canada with a temporary work permit- not like I can show a letter from my employer or something about me being expected back to work the end of October...

Also the CIC website says I have to demonstrate financial ability to care for myself and travel back to the US after the permit expires- what would be a reasonable amount to show this?

I don't think you'll have much of a problem if you have an LMO and a job offer, but show that you have $2k or something in the bank - enough to get a new place to live and move your stuff back - but don't volunteer that, just show it if the officer asks you. Otherwise, I'd expect you'll hand the paperwork to the officer and she or he will look through it and then type in the information to the computer and print out your work permit.

Of course, it never hurts to be prepared for possible issues/objections. One thing it does is helps you be more relaxed which in turn means the officer won't be picking up your nervousness.

 

[Andym]

We have submitted an inland out of status app. for my partner and have received the AoR. We did not submit an OWP with the application. I am wondering if it is best to wait until we receive the AIP now before making the OWP app or should we just do it online now and that way it will be processed concurrently with the AIP? (way too many acronyms ) Any thoughts either way?

 

[Milena]

Hello everybody,

I love all the info here, really puts my mind at ease.

Me and my boyfriend applied for common-law sponsorship and here are my stats:

-App received on Feb 25
-Stage 1 in process - Mar 8

Now it's just waiting i guess. I sent application for open work permit too and I did medical and police check.

 

[UKZippy]

Hello everybody,

I love all the info here, really puts my mind at ease.

Me and my boyfriend applied for common-law sponsorship and here are my stats:

-App received on Feb 25
-Stage 1 in process - Mar 8

Now it's just waiting i guess. I sent application for open work permit too and I did medical and police check.

Welcome to the forum,
Best of swift luck with your application!

 

[hockeyfan]

Hello All,

I sent in my Inland Spouse app on the 6th of March and got my AOR Today March 15th! I just need to re-send some docs they asked for.

I sent in the medical, police and OWP with my inland application.

Thanks,

 

[Happywife08]

ok so I got this today
"This confirms that your application to Sponsor a Member of the Family Class has been received by Citizenship and Immigration Canada (CIC) on 2013/03/05 on behalf of the following member(s)"

This means AOR right?
I don't want to get over my head LOL...

If it does it means I can send them my Marriage Certificate now that I have a UCI Number correct?

Thank you

 

[Olah-lah]

Hi guys! I would appreciate if you could help to clarify.
My common-law partner and I applied for PR in March last year. I received an AIP letter (saying that I meet the eligibility to apply as a permanent residence..... blah-blah-blah, they have to check if i meet other requirements such as criminal/ background and medical, I can also apply for open work permit and study permit) at the end of September 2012. And I haven't heard from CIC after this. It's been over 5 months already. Do you know what the next stage (-s) is (are) (what will I have to expect: an interview, a requirement for some papers, can they still have some doubts about the genuity of my relationships with my common-law partnet?). And if you know how long does it to take to hear back from CIC after receiving AIP?
Thanks a lot for your attention!

 

[figtoria]

Their website states that 90% of cases are resolved within 8 months after AIP.

So you have a few months before panicking.