No right of appeal - what?

[pegasusyt]

So, trying to decide whether to go inland or outland (I know outland seems to be the best option, but I am horrified at the thought of my visitor status being denied the second time and having to be away from my boyfriend for .. god knows how long?!)

My question: I hear with outland you have right of appeal if your app is denied, whereas with inland you do not. What does this mean? If they send back your application, you can't apply again, ever? Could you, in that case, turn around and do an outland application? Or is that it for you, forever? I am confused. Sorry, I searched for this topic on the forums but couldn't find much that addressed this particular question..

 

[sbwv09]

If you are denied inland, that's right, your application is finished. You can reapply as outland, but that means starting the whole process over again, after possibly having waited years for your inland decision.

 

[pegasusyt]

Thank you, sb. So you CAN reapply outland if your inland is denied? Just want to make sure this is right. I"m having the hardest time trying to decide which route to go here..

 

[Swede]

Thank you, sb. So you CAN reapply outland if your inland is denied? Just want to make sure this is right. I"m having the hardest time trying to decide which route to go here..

Usually, outland is the way to go. What's your situation like?

 

[Staceybru]

So you CAN reapply outland if your inland is denied? Just want to make sure this is right. I"m having the hardest time trying to decide which route to go here

I just thought I would respond to your post because this very thing you are scared about is exactly what just happened to us... I originally applied inland to sponsor my boyfriend/commonlaw partner and because he has had so many extensions living here in Canada, we were actually refused any more visitor extensions and refused a work permit... SO.........I consulted an amazing lawyer and guess what.... YES, you can apply outland and guess what else.......It is WAY WAY quicker.. At the end of the day, that is what means alot to us because the sooner he can get his permanent residence here in Canada, the better.... So, I am currently doing the whole thing over again but this time, I am sponsoring him OUTSIDE of Canada..
HOPE this helps you in your decision and gives you a bit of a clearer light on things.
Take care...

 

[pegasusyt]

Hey Stacey! Good to hear you were able to go outland. Whereabouts are you, by the way? I'm interested in your amazing lawyer Is your boyfriend staying here with you while you wait, or did he have to go home?

Swede: Come September my boyfriend and I will be common law and hoping to apply for residency. I got a visitor extension until October. I would like to apply outland and ask for another extension at the same time and see if they would let me stay here while I wait so that I can be with him.. but I know that they could say no. So I'm also considering Inland, just so we can stay together.. even though I know inland is crappy! What do you suggest?

 

[RobsLuv]

So, trying to decide whether to go inland or outland (I know outland seems to be the best option, but I am horrified at the thought of my visitor status being denied the second time and having to be away from my boyfriend for .. god knows how long?!)

My question: I hear with outland you have right of appeal if your app is denied, whereas with inland you do not. What does this mean? If they send back your application, you can't apply again, ever? Could you, in that case, turn around and do an outland application? Or is that it for you, forever? I am confused. Sorry, I searched for this topic on the forums but couldn't find much that addressed this particular question..

I can't really add a lot to what's already been said in reply to your thread without knowing more about your situation. When deciding between inland and outland, the specifics of which country the foreign national is from and what status they have in Canada right now are VERY important. Deciding between inland and outland isn't just about whether or not you have the right of appeal, or whether you can re-apply outland if an inland ap is refused. There are very few advantages, actually, to the inland process . . . it's advantageous in pretty specific situations and (I don't think anyway) that it was ever intended to be an "either/or" type of decision. In addition, visitor status in Canada is a whole separate issue - applying inland does not mean that you automatically have the "right" to stay in Canada for the duration. It usually works out that way - because they typically don't pursue deportation of spousal/common-law PR applicants who don't have valid temporary status - BUT that comes with a price that normally involves REALLY long processing times to finalization of the PR ap AND the inability to leave Canada for any reason during that long process. Don't assume that "inland" is for applicants who are in Canada and "outland" is for applicants who are outside Canada. That is not how it works and you can unintentionally get yourself backed into a corner when you don't know the difference.

I sent you a PM - you can respond here, or there, and we'll see if we can't clarify which process would work best in your situation.

 

[pegasusyt]

Thank you Robs, just sent you a PM!