INLAND APPLICATIONS 2015

[Jamarns]

Ok thanks for clarifying Sophieee,

So just out of curiosity I'm still waiting on some police checks, which is all I'm still waiting on, would I be able to do the same thing or should I wait until I have all the paperwork together to send the application?

 

[stevenstunner]

Im only worried if they will return my application if the option C is missig..

 

[sophieee]

Im only worried if they will return my application if the option C is missig..

They didn't return mine and I know of others who did the same with no problem.



And yes, Jamarns, you can do the same with the police checks, just always send an explanation letter that you are waiting to receive them and you will send as soon as you can.

 

[vladanis]

I wondering about one thing , I am in Canada in McMurray but my future five living in Calgary , I am on work permit (TFW ) , if we are register in Calgary for a apartment , but i need to work for that time in McMurray ( until is process done for OWP ) can that cause some problem with application .

 

[sophieee]

I wondering about one thing , I am in Canada in McMurray but my future five living in Calgary , I am on work permit (TFW ) , if we are register in Calgary for a apartment , but i need to work for that time in McMurray ( until is process done for OWP ) can that cause some problem with application .

Actually it could. You said "future wife", so I assume you applied as common law, but in order to became and remain common law partners you shouldn't be separated for more than a couple weeks.

 

[vladanis]

Ok , I see but that means i need to quit a job and relocate immediately to live with her , that means I will be in the bad economical situation, i thought maybe i can stay at job before i can grab OWP and after that to relocate myself.

 

[sophieee]

Ok , I see but that means i need to quit a job and relocate immediately to live with her , that means I will be in the bad economical situation, i thought maybe i can stay at job before i can grab OWP and after that to relocate myself.

I don't want to scare you but if you already lived apart for months you might already screwed up your application. In order to apply as common law, you have to live together for at least one year before applying, during the application and for two years after you became a PR. If you interrup this and separate for even a couple months, you have to start all over again.
Many applicants haven't worked for years just to be able to live with our partners.

 

[Jamarns]

Are you sure that's right Sophiee? I was under the same impression, but I've learned that once you've cohabited for 12 months you can live apart as long as you're able to prove that the relationship is still ongoing and genuine, at least that is the case for an outland application, I don't see why the same conditions wouldn't apply for an inland application.

Read here for more: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation... Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year

 

[sophieee]

I'm not familiar with the outland process, so I'm not 100% sure. But an inland applicant recently got denied, and it looks like to me, that exactly because of this reason, he interrupted the cohabitation. He clarified in his other post that they are still together and looking for alternatives, so it wasn't because the relationship ended.

Bad news for me peeps. Ive been refused due to the fact that i work offshore and according to the immigration officer i do not cohabit with my spouse and therefore do not qualify as family class. So just as a general warning to all sailors on here, even if you lived in Canada previously uninterruptedly for 365 days with your spouse and thus qualify for common law, as soon as you start to sail again/ work..... You are no longer common law according to CIC. I feel discriminated because of my profession. Ciao ciao ciao

 

[Jamarns]

I guess it's a bit of a grey area, and seeing as with inland applications don't have right of appeal I guess it's just safer to stay with you common law partner.

 

[sophieee]

I guess it's a bit of a grey area, and seeing as with inland applications don't have right of appeal I guess it's just safer to stay with you common law partner.

I agree. Maybe someone could ask his/her MP to ask CIC to a make a stand on this issue, so we would have it in writing, but it still wouldn't be 100% sure, and as you pointed out, there is no right to appeal.

 

[kmopas90]

Hi,

I'm a new member here!
I just have a couple of questions, hopefully you guys can help me with my inquiries. Bare with the dumb down questions. :|

What is inland sponsorship? I want to know who can apply?
I have my permanent resident status here in Canada and currently residing in Alberta and my girlfriend is in the Philippines and we're both from there! I would like to know the best way for us to be together? and a lot of my friends have been telling me about the Inland Spousal Application. Just wanted to get the right facts from the right people.

Cheers!

 

[kaosezmu]

Hi sophieee, thanks for all your information. Reading through this thread has been helpful, but also raised some questions for me.
I'll try to make my situation as clear and detailed for you!

In Brief:

I'm a US citizen. On our last re-entry to Canada from vacation (March 21), I was given a visitor's record of 1 month (April 20). This is my fault because I said we were common-law and the IO at the airport said I needed to change my status to accurately reflect my intent. Anyhow, my common-law partner is a Canadian citizen. We have lived together for 1 year and 5 months (6 of those months were while living/traveling abroad and can be easily proved) and we'll have a 1 year rental lease with both our names by May 2015. My common-law partner has a stable job so sponsorship approval should be no problem.

Many people have recommended outland for faster processing times, esp. given that I'm a US citizen. And I'm aware there is no guarantee that an OWP permit would be issued in 4 months via inland.

Questions:

1a. Would my request to extend my stay as visitor be granted if I were to apply outland? If we travel (as we do plan to again after this summer ends), someone on this forum told me that every time I exit and re-enter, my visitor status is thrown out and reassessed at the border regardless of an extension expiry date. Would I need to be careful with what I say at the border (i.e. say I'm visiting, say I'm living in Canada and we're waiting for my outland app to be processed)? I mean, saying "living" last time at the border was what got the IO in a funk over my visitor status.

1b. So in that case, would it be safer to go the inland app route and then, travel after an OWP is issued, whenever that may be?

2. Can OWPs be requested when doing an outland app? Would it make sense to do that and if so, where can I find estimated processing times for that?

3. Should I apply to extend my stay as visitor separately (I'm in the midst of doing this online thru the CIC website with IMM5708E) and then also submit another request to change my status to worker (IMM5556) along with my OWP package (which will be submitted with my inland PR application/sponsorship approval)? This would help make sure I'm never out of status if something is rendered incomplete for some reason, right?

Basically, what it all boils down to is that I can't decide whether we should go inland or outland. First and formost, we want to reside together in Canada (and for common-law sponsorship to be valid, this seems to be high necessity anyways). Second, having an OWP would be great since I've been unable to work for over year (and we don't mind the long wait when there's an OWP). But then third, we still want to travel by the end of this year (and of course in the future), but obviously not at the risk of losing the PR application or my status. ....which I know, but can't a girl have it all?

Any advice will be helpful! And feel free to tell me if something is not a good idea!

 

[sophieee]

Hi,

I'm a new member here!
I just have a couple of questions, hopefully you guys can help me with my inquiries. Bare with the dumb down questions. :|

What is inland sponsorship? I want to know who can apply?
I have my permanent resident status here in Canada and currently residing in Alberta and my girlfriend is in the Philippines and we're both from there! I would like to know the best way for us to be together? and a lot of my friends have been telling me about the Inland Spousal Application. Just wanted to get the right facts from the right people.

Cheers!

Hi,

I recommend to start with the FAQ in my signature, and you can also start reading CIC's guide:
http://www.cic.gc.ca/english/information/applications/spouse.asp
You should also join the outland Philippine thread if you haven't done yet.
If you have a basic idea about the two different process we can help with the specific questions.

 

[sophieee]

Hi sophieee, thanks for all your information. Reading through this thread has been helpful, but also raised some questions for me.
I'll try to make my situation as clear and detailed for you!

In Brief:

I'm a US citizen. On our last re-entry to Canada from vacation (March 21), I was given a visitor's record of 1 month (April 20). This is my fault because I said we were common-law and the IO at the airport said I needed to change my status to accurately reflect my intent. Anyhow, my common-law partner is a Canadian citizen. We have lived together for 1 year and 5 months (6 of those months were while living/traveling abroad and can be easily proved) and we'll have a 1 year rental lease with both our names by May 2015. My common-law partner has a stable job so sponsorship approval should be no problem.

Many people have recommended outland for faster processing times, esp. given that I'm a US citizen. And I'm aware there is no guarantee that an OWP permit would be issued in 4 months via inland.

Questions:

1a. Would my request to extend my stay as visitor be granted if I were to apply outland? If we travel (as we do plan to again after this summer ends), someone on this forum told me that every time I exit and re-enter, my visitor status is thrown out and reassessed at the border regardless of an extension expiry date. Would I need to be careful with what I say at the border (i.e. say I'm visiting, say I'm living in Canada and we're waiting for my outland app to be processed)? I mean, saying "living" last time at the border was what got the IO in a funk over my visitor status.

1b. So in that case, would it be safer to go the inland app route and then, travel after an OWP is issued, whenever that may be?

2. Can OWPs be requested when doing an outland app? Would it make sense to do that and if so, where can I find estimated processing times for that?

3. Should I apply to extend my stay as visitor separately (I'm in the midst of doing this online thru the CIC website with IMM5708E) and then also submit another request to change my status to worker (IMM5556) along with my OWP package (which will be submitted with my inland PR application/sponsorship approval)? This would help make sure I'm never out of status if something is rendered incomplete for some reason, right?

Basically, what it all boils down to is that I can't decide whether we should go inland or outland. First and formost, we want to reside together in Canada (and for common-law sponsorship to be valid, this seems to be high necessity anyways). Second, having an OWP would be great since I've been unable to work for over year (and we don't mind the long wait when there's an OWP). But then third, we still want to travel by the end of this year (and of course in the future), but obviously not at the risk of losing the PR application or my status. ....which I know, but can't a girl have it all?

Any advice will be helpful! And feel free to tell me if something is not a good idea!

Hi there,

1a. As a US citizen your visitor extension will most likely be granted regardless of your PR app. AFAIK if you have a valid visitor visa it stays valid even if you leave the country. But if you are on implied status, that would be void the moment you leave. It's more important for those who can continue to work under implied status, if they leave the country, they can't continue to work when they come back. But when you leave and re-enter you usually have a brand new 6 months visitor period unless you piss off the officer... You have to watch the words you use, you can only visit Canada before you became a PR, you need to show that you are aware of the rules and obey them, you will leave Canada if you have to.

1b. If you would like to travel than it's safer to apply outland. It's very unlikely that you ever will be denied to entry Canada, but if it happens, than you have to cancel your inland application and start all over again with an outland one. There is no such risk if you apply outland, you can finish the process from the US.

2. OWP only for inland applicants, and no one knows how long will it take for new applicants to get one.

3. If you don't mind that $100 than yes, it's safer. But if you apply inland with an OWP and make sure that you use the most recent forms and send everything that is needed than it's not necessary. But if you apply outland, you have to apply for visitor extensions.


First: you can stay in Canada even if you have an outland app
Second: Take a look again at the outland processing times, and keep in mind, that it could take 4-6-who-knows-how-many months to get an OWP with an inland process
Third: again, if you want to travel, outland is safer