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Spouse Sponsorship - New Process Question

annihilat1on

Member
Mar 14, 2017
19
0
Hello,

I am Indian citizen. Prior to entering Canada as a tourist in December 2016 I was residing in the USA on the H1-B visa and I basically gave up my H1-B visa and my green card processing in the USA to move to Canada and get married to my (girlfriend at the time, now wife). My wife is a Canadian citizen and has been living here all her life.

I am still on a tourist visa that is valid and I got married earlier this month (May 2017).

Now, the following questions with respect to applying for my PR in Canada (my wife is going to sponsor me):

1) Since I no longer reside in the US would my application address need to be from my residence in India? (double checking my understanding of this)
2) Would I need to leave the country for any reason? (I hope not as I have a 3 year old stepson and don't want to spend time away from him)
3) How long would this process take? (I read that there is a new process, hence the question)

Any other things that I should know about?

Thanks!
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
1) Since I no longer reside in the US would my application address need to be from my residence in India? (double checking my understanding of this)
2) Would I need to leave the country for any reason? (I hope not as I have a 3 year old stepson and don't want to spend time away from him)
3) How long would this process take? (I read that there is a new process, hence the question)
Hi

1. You do not need to list a foreign address. Just use your address in Canada.

2. Provided you maintain your status, no, you don't need to leave.

3. Inland or outland?
 

viva-c

Star Member
Jan 6, 2016
183
32
Toronto, ON
The process changed. There is no longer inland or outland division any more.

See this link with all the changes in the process

http://www.cic.gc.ca/english/immigrate/sponsor/spouse/comparison.asp
No - there is no longer a difference between the APPLICATION PACKAGE used for inland and outland applicants. Both categories now use the same package. However, you still indicate whether you are inland or outland on the forms when you apply. There are a couple of differences between the two categories. One is that you can only apply for a open work permit if you apply inland. There is also a difference between the processing time for inland and outland. CIC gives priority to outland applications because it is assumed that the families are separated. With inland applications, the processing takes longer because they assume you are already together. Additionally, inland applications cannot be appealed if they are rejected (you would just have to re-apply and do the whole process again) whereas outland applications can be appealed.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
The process changed. There is no longer inland or outland division any more.

See this link with all the changes in the process

http://www.cic.gc.ca/english/immigrate/sponsor/spouse/comparison.asp
Incorrect. You must still choose inland or outland and there is most definitely a division between the two, with the biggest being where the app is processed. Inland apps are processed entirely in Mississauga while outland apps are sent to the VO of the applicant's country, which would be New Delhi for you. Processing times can be VERY different depending on which way you apply.
 
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annihilat1on

Member
Mar 14, 2017
19
0
Thank you both. You both are absolutely right. I misunderstood this.

It is an inland application in that case. I was on a H1-B visa in the US and then gave up everything (in the middle of a green card process) to live in Canada permanently. Playing ice hockey became my latest obsession since December :)

In any case, I will need an open work permit and will need to be with with stepson so inland is the way to go I guess.

Couple more questions:

1) Do you know how long it takes to get the open work permit?
2) On the PR form, does my residence address need to be the one in Canada where I am currently staying at on a visitor visa? (in my wife's apartment)

Thanks a ton!
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
In any case, I will need an open work permit and will need to be with with stepson so inland is the way to go I guess.

Couple more questions:

1) Do you know how long it takes to get the open work permit?
2) On the PR form, does my residence address need to be the one in Canada where I am currently staying at on a visitor visa? (in my wife's apartment)
You can still apply outland while maintaining your status in Canada as a visitor.

1. Generally, it takes about 4 months. Recently, people have been receiving them in as little as a month.

2. Use your current address in Canada.
 
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annihilat1on

Member
Mar 14, 2017
19
0
Thanks again. Last one (I sincerely hope):

I will be applying inland as I need a work permit in Canada. I saw this link on the documents checklist which asks for additional forms if you are from a different country.

http://www.cic.gc.ca/english/information/applications/spouse.asp#country

For India (me), it says I need to provide this:

India – Instruction(s) for documents
  • Birth certificates issued in this country: If a birth is registered late, include the original baptism certificate and other original documents establishing identity such as:
    • Old school records (Fifth class, Middle standard and Matriculation/secondary school certificate), and
    • Voter's ID card
I was wondering what my country of residence is (Canada or India)? Can one "reside" in a country while being on a visitor visa? I haven't been to India in years and never really considered it as my residence since I moved out to the USA over 7 years ago.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
I was wondering what my country of residence is (Canada or India)? Can one "reside" in a country while being on a visitor visa? I haven't been to India in years and never really considered it as my residence since I moved out to the USA over 7 years ago.
Your country of residence is Canada but you are still required to put India in the "another country" section and submit all of the country-specific documents listed.
 
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Novel

Star Member
Feb 20, 2017
67
25
Visa Office......
Hong Kong
App. Filed.......
06-02-2017
Doc's Request.
23-03-2017
AOR Received.
22-02-2017
Med's Request
28-03-2017
Med's Done....
03-04-2017
Passport Req..
Awaiting
One more question regarding photos in the PR application. Does my sponsor need passport size photos as well?
No, the sponsor does not need to submit them. Good luck!