Is there any reason why I should do inland application?

[princesultan]

Given my situation, is there any god reason to do an inland application?

My fiancee is from Indonesia (I heard processing is about 24 months). We will marry very soon and send in the PR application. We both live in Quebec. We will need to leave the country for our wedding reception which is next summer and then we will need to return to Canada. I understand that it could be difficult to re-enter the country.

My fiancee is currently looking for work in Quebec.

Given these facts, is there any reason at all to do an inland application? Is there anything I should be weary of for an outland application?

Thanks again everyone!

Edit: Oh ya, forgot to mention, we obviously want to stay together in Quebec. I'm pretty sure this is possible using an outland process, correct?

 

[Azsereth]

If you file outland, you have to wait for permanent residency (or be qualified to receive a work permit otherwise) to work inside Canada. If you file inland, you have to wait for Stage 1 approval (called AIP, and it takes approximately 11 months to receive), after which your fiancee would be eligible for an open work permit. There are a couple down sides to filing inland - the first being there is no right of appeal. Another big one is that if the applicant leaves the country while the application is in process and they are not allowed re-entry, their application will be closed. So in general, it's risky to travel if you have an inland application being processed.

Outland includes a right of appeal and for some countries' visa offices has a faster processing time, and there are no negative effects on your application if you leave Canada and cannot re-enter.

For more information, you can read the first post by Leon in http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[princesultan]

If you file outland, you have to wait for permanent residency (or be qualified to receive a work permit otherwise) to work inside Canada. If you file inland, you have to wait for Stage 1 approval (called AIP, and it takes approximately 11 months to receive), after which your fiancee would be eligible for an open work permit. There are a couple down sides to filing inland - the first being there is no right of appeal. Another big one is that if the applicant leaves the country while the application is in process and they are not allowed re-entry, their application will be closed. So in general, it's risky to travel if you have an inland application being processed.

Outland includes a right of appeal and for some countries' visa offices has a faster processing time, and there are no negative effects on your application if you leave Canada and cannot re-enter.

For more information, you can read the first post by Leon in http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

hmmmm, you say that she won't be able to work inside canada while the outland pr process is taking place. that's certainly different than what most people have been posting (i asked this question probably about 5 times on this board and everyone says the 2 processes are completely different).

that would be a major issue if true.

edit: see post #2: http://www.canadavisa.com/canada-immigration-discussion-board/how-does-a-work-permit-interact-with-an-ouland-pr-application-t115564.0.html;msg1690087#msg1690087

 

[Sweden]

you can not work if you are applying outland, UNLESS you already have a work permit for a different reason.
So if your fiancee is already looking for work in Quebec because she has a work permit etc, then you will be fine - you can do the outland process, and once her PR is granted, then she can "land" and become a PR. in that sense the 2 processes are different. She can keep her actual status until the PR is granted.

But if she is on a tourist visa, then she is not allowed to work unless an employer is willing to do the process for her (through a Labor Market Opinion - LMO, etc).

For inland: she can be granted a work permit after the first stage has been approved, which currently takes 11 months - so she would not be able to work before that.
hope it clarifies.
Sweden

 

[AnaMaria]

Azsereth gave you the same information you have been getting. Without proper work permit, she is not allowed to work, either inland or outland. For outland, she has to find an employer to get approved LMO and job offer, which may not be very easy, for inland stage 1 has to be approved.

I guess applications for Indonesian nationals would go through Singapore office. It seems very long. But it is not average time, 80% is done within that time frame. It means it could be much quicker or longer depending on probably your situation and evidence you provide. I think you will have to weigh what is most important. If you do inland and leave Canada for wedding, she may not be permitted to re-enter, not only that her whole application may be canceled. I think that is the biggest potential risk you may want to consider.

 

[princesultan]

ok, now i'm confused.

her situation is this: she currently has a work permit that will expire in summer 2013. however this work permit is tied to an employer that has laid her off end of 2011. now she is currently looking for work (ie. an employer that will go through the LMO process). it is possible that we send out the outland PR application BEFORE she finds an employer who agrees to this. it is also possible that she has an LMO in process while the PR application is sent out.

now given the above, and since she already has a work permit (although tied to a company she no longer works for), according to sweeden, she should be fine to look for work during her outland pr process or even have an LMO or new work permit in process while the PR application is sent out? does it matter that she has a work permit with a company she no longer works for?

i guess if her current work permit expires during the outland pr process then at that point she would not be able to look for work?

 

[AnaMaria]

I think you understand it right.

She can look for work while she is here on the current work permit. But, as you understand, she is not allowed to work with that permit. She is staying legally in Canada. You can submit the outland application while she is here. But before her permit expires, she will have to apply for extension, that would be temporary visitor status, no longer eligible for health benefit, and of course she cannot work BUT she can continue job search.

But this goes back to your original question. If she leaves Canada for wedding before PR or another work permit is granted (or LMO is approved), the chance of her getting back to Canada is less likely. Even while her current work permit is valid since she is no longer work for the employer permitted.

 

[princesultan]

i see.

so we will send the outland PR application shortly and hopefully she will find work with another employer sometime before her current work permit expires.