Inland sponsor - American wife - Basic Questions

[burn_your_money]

I'm a bit confused by the process that my wife and I need to take to get her PR status in Canada.

Background Story
We were married in December of 2013 and presently have a 10 month old son and another baby on the way due in July. Our son was born in the USA but has dual citizenship. Initially the plan was to move to the USA which is why we haven't done anything regarding PR for my wife yet. We are looking at another 1-2 years for that process and have decided to give up on that idea. At the moment we are all in Canada and are planning on staying here until the end of December. At that time we are planning on going to the USA for 4 months and then return to Canada. We have been very careful to ensure that neither of us overstays the 6 month visa in each others country. We spent 2.5 and 3 months in Israel over the last 2 years to ensure that we didn't even come close to overstaying.

The Plan
Upon returning to Canada in April, we want to apply for an inland sponsorship. If it makes more sense to apply a month or two before returning to Canada we will do that.

Questions
1) Does it make sense to apply for PR once we are back in Canada or can we start the process a month or 2 early while in the USA?

2) Is it legal to enter Canada with the intent to start the immigration process once in Canada? It's not legal to do this in the USA and we got turned around at the border once for mentioning this.

3) While we are waiting for PR, we would like to visit the USA to visit my wife's family 3 times per year, for 10 days at a time. We would travel as a family. Will this be an issue?

4) Once we've applied for PR, when can my wife apply for OHIP?

5) Since our son is already a dual citizen, there is no need for us to apply for him to have any status change correct? He is able to come and go in Canada as freely as I am correct?

 

[Aquakitty]

Unless you are desperate for money, I highly suggest applying outland. For the majority of Americans the process takes a quarter of the time, could be as short as 4 months to 9 months.

1) You can apply early if you apply outland. This is actually a good idea as you can show proof to the border officers. If you apply inland, you have to be in Canada the whole time. You are not supposed to leave Canada at all during an inland process.

2) Yes, it's called dual intent. But, dual intent means you also have to show proof that she is visiting, so saying you are going to live in Canada is a bad idea. BUT, if you show proof of the PR application, they are usually much less concerned about it. Some Americans actually ask for a visitor record, so they can get a licence, health care (in some provinces) and cross the border easier. You can do this if you apply outland.

3) Apply outland. If you apply inland, and happen to get an a**hole officer that does not want to let your wife into Canada for some reason, her entire application is cancelled. In general you aren't supposed to leave during an inland application, though people have done it.

4) I think you are technically supposed to be able to get OHIP during a PR application, but I don't know much about it, but it's often asked here so someone will know.

5) Yes but get him a passport if you don't have one already.

 

[Rob_TO]

Agreed you should apply outland. Start the process immediately and no need to wait until you're back in Canada.

5 - for OHIP, the easy route that most people do is she will not be eligible for OHIP until officially landing as a PR and then an additional 3 months waiting period.

The harder way is that it is possible to qualify a bit earlier, but it's a bureaucratic process that involves getting rejected for OHIP at a service Ontario office and then appealing to the OERC (OHIP eligibility review committee) who will then contact the outland visa office, and you need to continually follow up with them during the process until they find you qualify.
Read this entire thread, where a few people have gone through this process. http://www.canadavisa.com/canada-immigration-discussion-board/important-ohip-eligibility-info-for-all-pr-applicants-residing-in-ontario-t56695.0.html;msg2518001#msg2518001

 

[burn_your_money]

Thank you for your response.

Part of the reason why we chose inland is because the waiting times seemed shorter.
17 Months plus:
10 Months

While outland is:
64 Days plus:
LA - 27 Months
NY - 39 Months

The other reason is because we've spent almost 2 years always worrying when we cross the border whether or not we will be separated. It happened once and we were apart for 2 weeks. I know that's very short compared to some people but regardless, it is not an experience we want to go through again.

If we do the Outland option, can my wife request to stay in Canada for longer than the normal 6 months? If she stays for say 9 months and then we go to the States, she technically has to stay out for 6 months before coming back to Canada right?

 

[Rob_TO]

Thank you for your response.

Part of the reason why we chose inland is because the waiting times seemed shorter.
17 Months plus:
10 Months

While outland is:
64 Days plus:
LA - 27 Months
NY - 39 Months

The other reason is because we've spent almost 2 years always worrying when we cross the border whether or not we will be separated. It happened once and we were apart for 2 weeks. I know that's very short compared to some people but regardless, it is not an experience we want to go through again.

If we do the Outland option, can my wife request to stay in Canada for longer than the normal 6 months? If she stays for say 9 months and then we go to the States, she technically has to stay out for 6 months before coming back to Canada right?

See here: http://www.cic.gc.ca/english/information/offices/apply-where.asp
US outland apps are processed at CPC-Ottawa, not LA or NY. And times posted for outland apps are NOT average times, they are worst case times and vast majority of apps are much quicker. Read the Ottawa thread for actual times people are seeing... but these days it's in the 8-12 months range total.
Compare that to 27 months inland (which is an actual time for inland times).

A US citizen will usually get 6 months status upon entering. Then if they are still in Canada they can apply to extend that and many people get additional 12 months status.
Others leave Canada and re-enter to get a brand new 6 months.
You don't need to stay outside Canada 6 months, you can re-enter any time you like.

With proof of an outland app in process, and stressing she is just visiting while PR app in process, CBSA usually doesn't give you any trouble.