Moving from Outland to Inland - Common Law - 2020

[MSVM]

Dear Members!

I am looking for advice and real life experience on the situations similar to mine.

History:

Me and my Common Law partner (we also have a daughter - Canadian Citizen) applied Outland in August 2019.
After getting SA approval in October my partner got TRV (she is not from visa exempt country).
In February 2020 they joined me in Canada on TRV.
In March 2020 we got AoR2 from London VO.

Assuming the:
1. Terrible LVO processing time statistic
2. The need for my partner and our daughter (who is special needs child) to move back to her home country in July 2020 due to TRV requirements

We are considering cancelling out Outland application and applying Inland instead. This way I believe that our family will be able to live together in Canada for the duration of our new Inland application.

I also believe that TRV extension while waiting for Inland application processing should not be an issue?

Questions:

1. Is cancelling Outland application and submitting new Inland one possible while she is visiting on TRV?
2. Shall we wait for some kind of decision on cancellation request or we can submit new Inland application after sending CIC Webform cancellation request?
3. Are there any issues with extending TRV stay during Inland application processing?

Your response will be highly appreciated!

 

[canuck_in_uk]

Dear Members!

I am looking for advice and real life experience on the situations similar to mine.

History:

Me and my Common Law partner (we also have a daughter - Canadian Citizen) applied Outland in August 2019.
After getting SA approval in October my partner got TRV (she is not from visa exempt country).
In February 2020 they joined me in Canada on TRV.
In March 2020 we got AoR2 from London VO.

Assuming the:
1. Terrible LVO processing time statistic
2. The need for my partner and our daughter (who is special needs child) to move back to her home country in July 2020 due to TRV requirements

We are considering cancelling out Outland application and applying Inland instead. This way I believe that our family will be able to live together in Canada for the duration of our new Inland application.

I also believe that TRV extension while waiting for Inland application processing should not be an issue?

Questions:

1. Is cancelling Outland application and submitting new Inland one possible while she is visiting on TRV?
2. Shall we wait for some kind of decision on cancellation request or we can submit new Inland application after sending CIC Webform cancellation request?
3. Are there any issues with extending TRV stay during Inland application processing?

Your response will be highly appreciated!

Not much point in wasting a year of processing time to do this when your wife can simply apply to extend her visitor status to remain in Canada while the outland app processes.

 

[MSVM]

Not much point in wasting a year of processing time to do this when your wife can simply apply to extend her visitor status to remain in Canada while the outland app processes.

Can waiting for Outland application decision be a reason and justification for extension of visitor status?

 

[canuck_in_uk]

Can waiting for Outland application decision be a reason and justification for extension of visitor status?

Yes, it's a perfectly fine reason.

 

[MSVM]

Ok ... Here is the continuation of our saga ...
My Common-law-partner applied for Extension Of Stay for 6 month back in June 2020 - Her MyCIC status says:

• Your application is in progress. We will send you a message when we start reviewing your eligibility.

And current waiting time is 184 days - that is longer then 6 months extension that we applied for ;-)

On her PR Family Sponsorship application - not a single sign of movement. I also do not see any movement with other London VO applications (especially on the news of complete Lock-down in UK).

I am pretty much sure now that I should have cancelled our Outland Application back in March 2020 and re-applied as Inland.
At least we would have a piece of mind in terms of being able to stay in Canada as a family for as long as they process this new Inland application as well as had OWP (OHIP) etc.

Am I missing anything in my considerations?

 

[armoured]

I am pretty much sure now that I should have cancelled our Outland Application back in March 2020 and re-applied as Inland.
At least we would have a piece of mind in terms of being able to stay in Canada as a family for as long as they process this new Inland application as well as had OWP (OHIP) etc.

Am I missing anything in my considerations?

You're missing that when you first wrote, covid lockdowns had not yet occurred.

There's a reasonably high likelihood that due to covid your (hypothetical) inland application would not have made much progress either, i.e. that you wouldn't yet have received OWP. (And possibly that without covid your outland application would have progressed further).

I don't think there is any significant difference between extending TRV for inland vs outland but I don't know as much about inland status etc. And if you had applied inland, your spouse's ability to travel would have been more limited.

At any rate, that doesn't help you decide what to do now. I'd suggest contacting iRCC directly by phone/webform, and also try through your MP. Noone can say whether it will help but there is anecdotal evidence that 'shaking the tree' sometimes does get some results. Particularly now as it sometimes seems files have possibly been given less attention while limited staff focus on urgent issues.

And you can emphasize in your correspondence/requests that your spouse wants to stay in legal status and the TRV extension should be something they can do (you want them to treat your case by moving up the pile). Since it's over a year and your spouse has a TRV, at least some of the issues would appear not to be insurmountable. You may also want to order GCMS notes.

Worth a try for all of these anyway if you haven't done so already.

 

[canuck78]

Ok ... Here is the continuation of our saga ...
My Common-law-partner applied for Extension Of Stay for 6 month back in June 2020 - Her MyCIC status says:

• Your application is in progress. We will send you a message when we start reviewing your eligibility.

And current waiting time is 184 days - that is longer then 6 months extension that we applied for ;-)

On her PR Family Sponsorship application - not a single sign of movement. I also do not see any movement with other London VO applications (especially on the news of complete Lock-down in UK).

I am pretty much sure now that I should have cancelled our Outland Application back in March 2020 and re-applied as Inland.
At least we would have a piece of mind in terms of being able to stay in Canada as a family for as long as they process this new Inland application as well as had OWP (OHIP) etc.

Am I missing anything in my considerations?

OWP does not guarantee OHIP. You also need a full-time job that will last over 6 months.

 

[canuck78]

You're missing that when you first wrote, covid lockdowns had not yet occurred.

There's a reasonably high likelihood that due to covid your (hypothetical) inland application would not have made much progress either, i.e. that you wouldn't yet have received OWP. (And possibly that without covid your outland application would have progressed further).

I don't think there is any significant difference between extending TRV for inland vs outland but I don't know as much about inland status etc. And if you had applied inland, your spouse's ability to travel would have been more limited.

At any rate, that doesn't help you decide what to do now. I'd suggest contacting iRCC directly by phone/webform, and also try through your MP. Noone can say whether it will help but there is anecdotal evidence that 'shaking the tree' sometimes does get some results. Particularly now as it sometimes seems files have possibly been given less attention while limited staff focus on urgent issues.

And you can emphasize in your correspondence/requests that your spouse wants to stay in legal status and the TRV extension should be something they can do (you want them to treat your case by moving up the pile). Since it's over a year and your spouse has a TRV, at least some of the issues would appear not to be insurmountable. You may also want to order GCMS notes.

Worth a try for all of these anyway if you haven't done so already.

Not much point contacting IRCC. You can contact your MP but it doesn't seem like this family is experiencing abnormal wait times compared to others so I would anticipate the MP will just be able to say they need to wait. With a sponsorship application in process and a Canadian child with special needs more TRV extensions will likely be approved.

 

[canuck78]

Ok ... Here is the continuation of our saga ...
My Common-law-partner applied for Extension Of Stay for 6 month back in June 2020 - Her MyCIC status says:

• Your application is in progress. We will send you a message when we start reviewing your eligibility.

And current waiting time is 184 days - that is longer then 6 months extension that we applied for ;-)

On her PR Family Sponsorship application - not a single sign of movement. I also do not see any movement with other London VO applications (especially on the news of complete Lock-down in UK).

I am pretty much sure now that I should have cancelled our Outland Application back in March 2020 and re-applied as Inland.
At least we would have a piece of mind in terms of being able to stay in Canada as a family for as long as they process this new Inland application as well as had OWP (OHIP) etc.

Am I missing anything in my considerations?

If you haven't done so already I would update the address on the sponsorship application to your Canadian address.

 

[MSVM]

You're missing that when you first wrote, covid lockdowns had not yet occurred.

There's a reasonably high likelihood that due to covid your (hypothetical) inland application would not have made much progress either, i.e. that you wouldn't yet have received OWP. (And possibly that without covid your outland application would have progressed further).

I don't think there is any significant difference between extending TRV for inland vs outland but I don't know as much about inland status etc. And if you had applied inland, your spouse's ability to travel would have been more limited.

At any rate, that doesn't help you decide what to do now. I'd suggest contacting iRCC directly by phone/webform, and also try through your MP. Noone can say whether it will help but there is anecdotal evidence that 'shaking the tree' sometimes does get some results. Particularly now as it sometimes seems files have possibly been given less attention while limited staff focus on urgent issues.

And you can emphasize in your correspondence/requests that your spouse wants to stay in legal status and the TRV extension should be something they can do (you want them to treat your case by moving up the pile). Since it's over a year and your spouse has a TRV, at least some of the issues would appear not to be insurmountable. You may also want to order GCMS notes.

Worth a try for all of these anyway if you haven't done so already.

Hi Canuck78!

Thank you so much for taking your time to look into my posts and share your opinion!!!!

There was some movement in our case since I last wrote and we got a request to provide additional document:

1. Up to date Schedule A IMM 5669 - with original signature
2. IMM5562: Supplementary Information - Your Travels
3. Up to date Police Certificate - I guess due to expiration of the one we submitted initially

All were uploaded into on-line CIC account.

I also submitted GCMS notes as you suggested.

My challenge now is how to proceed with additional TRV Extension of stay?

1. We applied for first extension (visitor record) end of June 2020 (30 days before 6 month of stay period end)
2. We asked for extension till end of January 2021.
3. Status of this application is Submitted and has not changed since application day
4. Current processing time on IRCC site 191 days ... and growing ... and already falls beyond the end date of our initial extension application
5. I am supposed to apply for new extension 30 days before the end of current stay but ... it has not been approved yet.

What steps should I take?

 

[canuck78]

Hi Canuck78!

Thank you so much for taking your time to look into my posts and share your opinion!!!!

There was some movement in our case since I last wrote and we got a request to provide additional document:

1. Up to date Schedule A IMM 5669 - with original signature
2. IMM5562: Supplementary Information - Your Travels
3. Up to date Police Certificate - I guess due to expiration of the one we submitted initially

All were uploaded into on-line CIC account.

I also submitted GCMS notes as you suggested.

My challenge now is how to proceed with additional TRV Extension of stay?

1. We applied for first extension (visitor record) end of June 2020 (30 days before 6 month of stay period end)
2. We asked for extension till end of January 2021.
3. Status of this application is Submitted and has not changed since application day
4. Current processing time on IRCC site 191 days ... and growing ... and already falls beyond the end date of our initial extension application
5. I am supposed to apply for new extension 30 days before the end of current stay but ... it has not been approved yet.

What steps should I take?

You can't do anything until you receive the first extension.

 

[MSVM]

I started preparing Inland application and came across the following statement on IRCC site:

Multiple applications
A sponsor who has filed a sponsorship application on behalf of a foreign national cannot submit another sponsorship application on behalf of the same person if a final decision has not been made on the application for permanent residence submitted with the first sponsorship [R10(5)]. This also applies where a final decision on an appeal has not been made by the Immigration Appeal Division (IAD) on an application for permanent residence that had been refused.

A sponsor is allowed to submit more than one sponsorship application at the same time for different family class relatives, provided that, where applicable, minimum necessary income (MNI) requirements are met for the total number of persons involved. See Financial requirements for more information.


Does it mean that I am NOT allowed to cancel our current Outland application and submit new Inland application for my common law partner?

 

[scylla]

I started preparing Inland application and came across the following statement on IRCC site:

Multiple applications
A sponsor who has filed a sponsorship application on behalf of a foreign national cannot submit another sponsorship application on behalf of the same person if a final decision has not been made on the application for permanent residence submitted with the first sponsorship [R10(5)]. This also applies where a final decision on an appeal has not been made by the Immigration Appeal Division (IAD) on an application for permanent residence that had been refused.

A sponsor is allowed to submit more than one sponsorship application at the same time for different family class relatives, provided that, where applicable, minimum necessary income (MNI) requirements are met for the total number of persons involved. See Financial requirements for more information.


Does it mean that I am NOT allowed to cancel our current Outland application and submit new Inland application for my common law partner?

No. It means you cannot have an inland and outland application in progress in parallel.

You need to withdraw the outland application and receive confirmation from IRCC has processed the withdrawal. Then submit the new inland application.

 

[MSVM]

Thank you so much for your response!

What is the exact process to withdraw Outland application? Is there any specific form or wording that should be used for it?

 

[scylla]

Thank you so much for your response!

What is the exact process to withdraw Outland application? Is there any specific form or wording that should be used for it?

Sorry - I don't know how long a withdraw will take to process. All processing times are longer right now so hard to guess.

Withdraw instructions are here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/general-file-processing/procedure-withdrawal-applications.html

It looks like you submitted your outland application in August 2019. I would personally ride it out with the outland application vs. submitting the inland given waiting times will restart from scratch. But obviously your call. Good luck.