Inland or Outland in this situation?

[MissMiggy]

Hi everyone! I'm new to the forums, but I've received some helpful information here a few times, and I'm hoping for some insight. So my fiance and I have been together for 7 years. We are planning to get married fall of next year. We're figuring out exactly what we want to do as far as immigration. For a long time, we thought it would be easier to do outland, because it was faster, and I make more money, so I could continue to work in the states (US citizen) until I got PR. But recently, I saw that the time for some of the visa offices for the outland application could be up to 36 months! That is a ridiculously long amount of time to be apart from a spouse, especially after 7 years long distance already. I also know, that they know have an OWP for people who apply inland, and I'd be able to work while living with him in Canada, but you have to wait until he's approved to sponsor which could take up to a year, plus not being able to leave Canada and not being able to appeal ( I'm not too worried about that as we have a ton of evidence and family and friends to back up our 7 years together) just leaves me a little uneasy.I'm feeling a little defeated, as we were sure that if we applied outland it wouldn't be more than a year or so but now we're really not sure which is the better option. Advice?

 

[mikeymyke]

The 36 months for outland is not true at all. It's far shorter, somewhere in the 6 month range. A US citizen should never apply inland. Search these forums for other people's experiences as a US outland applicant.

 

[canuck_in_uk]

US apps are processed in Ottawa, which averages around 8-10 months. Don't apply inland.

 

[Ineffable]

Hey Miss Miggy,

Can I ask if there's a specific reason you want to wait to submit your application until next fall?

I ask only because you could submit your application in the coming months under common law, and include the fact that you'll be getting married in the fall. You'd have to prove that you've cohabited for only a year.

I'm assuming that after 7 years of being together—even long distance—you'd likely meet the qualifications and have more than enough evidence to have your application approved.

That being said, I absolutely would recommend outland. It truly doesn't take 36 months. Depending on what country you're from and would be applying, it can take 6-10 months total.

So, what would be ideal in my opinion would be: get your application together in the next few months, submit as common-law. Include that you'll be married (and provide any evidence to support that) in the fall, and get a jump on the process. Then, by the time you are actually married, you'll likely already have PR or be a month or two away from having it. Then you can just move up to Canada shortly after the wedding.

I've seen common-law couples with very little evidence who've been together for just a year have their PR approved. I'd suspect you'd have no problem at all.

Either way: I'm going to second doing it outland. It's by far the fastest, and if you're already in a position of long-distance, I think it makes the most sense.

Here's a brief summary between the two:

Outland: Can visit Canada for 6 months intervals with chance to renew visitor's visa. Processing time is usually cut in half. You are not able to work in Canada. Get PR under a year (roughly), which means access to healthcare, etc.

Inland: Recommended not to leave Canada while application is with the CIC. Can file for Open Work Permit and work once approved. Process is double the time of Outland. Get PR in 2 years (roughly), which will allow you access to healthcare, etc.

(What country are you from?)

Edit: I should have asked if you to are currently together or not.

 

[MissMiggy]

Thanks for the help guys!

And ineffable, I looked into common law because of the amount of time we've been together, but I was under the understanding that you had to have lived together for a whole year consecutively. We've never been able to do that. We've only been able to do a few months or a weeks at a time. Do you still think I could apply under common law as long as we can prove we're getting married, or should we wait? We were going to get all of the necessary paperwork done, except for our wedding certificate/ proof of wedding, then as soon as I had those, add those in and send in the application.

 

[canuck_in_uk]

Do you still think I could apply under common law as long as we can prove we're getting married, or should we wait? We were going to get all of the necessary paperwork done, except for our wedding certificate/ proof of wedding, then as soon as I had those, add those in and send in the application.

No, you are not common-law and it doesn't matter if you are planning to be married. You need to wait until you are actually married to apply.