[US applicant] Does it make sense?

[Caribou]

I'm the sponsor, married American last year, and finally got all my paperwork ready to file as OUTLAND.

Because my spouse comes over to Canada quite often (like every months and stays for couple of weeks), we thought we will APPLY as OUTLAND and have "visitor record" at the border so my spouse can stay in Canada until the process is done.(currently quit job to stay with me as a visitor)

When we crossed the border yesterday, and asked CBSA officer about little bit of "guidance", he told us that we should just file as INLAND now, and when we have AOR, my spouse can just cross the border to get OWP at the border entry (instead of applying online). That way, my spouse can start working ASAP and will have no problem staying in Canada as long as OWP is valid (he mentioned 2 yrs).
He said since the stamp is freshly stamped yesterday, AOR will arrive way before 6 months is up, so restoration is probably not neccessary.
He knows the whole process takes longer, but told me getting workpermit is faster than getting approval for PR.

He also said OWP will "serve" as "visitor record" to keep track of entry, so no need to apply for visitor record--as long as we can get the AOR and OWP before 6 month stay is up (from the date passport is stamped)

I also asked if 6 months stay for American is 6 months out of 12 months or if 6 months renews every time my spouse crosses border, and he said 6 months every time a person gets visa stamped (which I doubt based on what I read from several sources ??? )

So, now I'm little bit confused...
Based on info I have now, in my case,

INLAND
Pros
1. faster work permit (as soon as AOR) (crossing a border is not a problem for us since we have 3 ways to cross the border in the area)
2. faster work permit means sooner health benefit, bank account, etc.
Cons
1. takes freakin long (~2 yrs?) to complete the whole process
2. cannot appeal

OUTLAND
Pros
1. whole process may be over in 1 yr?
2. can appeal
Cons
1. Cross border constantly can be stressful proving strong ties to US. (currently my spouse don't even have a lease nor job, just a car parked in public storage)
2. delayed health care
3. more expensive for keeping up travels and 2 living costs

Since new pilot OWP is new to us, I wish anyone who's married to American and trying to file now can pitch in their 2 cents.
Does Open work permit in 4 months sound a lot better and worth the 2 yr wait in this case??

 

[Johninsask]

I'm American and have applied inland specifically because my sponsor is expecting and I need an open work permit as soon as possible--i.e. waiting even 6-8 months is a non-starter for us, alas. If we didn't have a kid on the way, I'd definitely be applying outland. If you can support your spouse financially during the process while he lives with you, then it may make more sense to apply outland because of the time savings. At any rate, the general consensus is that Americans should apply outland.

 

[cali2bc]

If your partner is from the US, you should definitely consider outland. I thought about inland for about 5 seconds, and then quickly changed my mind when I saw how quickly US applicants were being processed. You'll still have to wait for your OWP, why not wait a few months longer for permanent residence?

 

[Ponga]

NO! Unless she really needs to be able to work in Canada (which would take ~ 4 months to receive the OWP anyway), you really should apply Outland.
It's also possible to get a joint bank account and even health care, depending on which Province you're in. For example, if you are in BC, she would be considered a `Deemed resident' as soon as the PR application is received by CIC, which would make her eligible to enroll (but may require a lot of arguing with them, since they don't seem to fully understand this method of eligibility).

Besides, an OWP doesn't typically authorize re-entry, so I don't understand what the officer told you about it acting as a visitor record to keep track of entry.

You've done all the research, but IMHO, don't let the temptation of the OWP distort the bigger picture.

It's very common for CIC to grant a visitor extension to a person in Canada that has proof of an Outland application that has been submitted. Perhaps more so, for Americans.

Oh...and it is an automatic 6 month visit if the passport isn't stamped.

 

[Caribou]

I'm American and have applied inland specifically because my sponsor is expecting and I need an open work permit as soon as possible--i.e. waiting even 6-8 months is a non-starter for us, alas. If we didn't have a kid on the way, I'd definitely be applying outland. If you can support your spouse financially during the process while he lives with you, then it may make more sense to apply outland because of the time savings. At any rate, the general consensus is that Americans should apply outland.

Thank you for your input. I met another person doing inland while I was waiting in line to pick up my renewed PR card, and he thought it was ridiculous for the couple to live apart. So, he applied inland.

 

[Ponga]

Thank you for your input. I met another person doing inland while I was waiting in line to pick up my renewed PR card, and he thought it was ridiculous for the couple to live apart. So, he applied inland.

Sounds like he had no idea that a couple could in fact be together IN Canada with an Outland application.

It's the semantics game that always gets in the way:
Living together, in the eyes of CIC but NOT living together in the eyes of CBSA!

 

[Caribou]

NO! Unless she really needs to be able to work in Canada (which would take ~ 4 months to receive the OWP anyway), you really should apply Outland.
It's also possible to get a joint bank account and even health care, depending on which Province you're in. For example, if you are in BC, she would be considered a `Deemed resident' as soon as the PR application is received by CIC, which would make her eligible to enroll (but may require a lot of arguing with them, since they don't seem to fully understand this method of eligibility).

Besides, an OWP doesn't typically authorize re-entry, so I don't understand what the officer told you about it acting as a visitor record to keep track of entry.

You've done all the research, but IMHO, don't let the temptation of the OWP distort the bigger picture.

It's very common for CIC to grant a visitor extension to a person in Canada that has proof of an Outland application that has been submitted. Perhaps more so, for Americans.

Oh...and it is an automatic 6 month visit if the passport isn't stamped.

Thank you for your input. My confusion comes that if you just have passport stamped, you can only stay 6 months out 12 months.
Plus, AOR usually takes about 2-4 weeks now, so that means work permit in less than 1 month (if CBSA office is speaking truth about getting OWP at the border instead of by mail)
what do you guys think about applying or getting OWP at the border with AOR as this CBSA office says???

 

[Caribou]

Sounds like he had no idea that a couple could in fact be together IN Canada with an Outland application.

It's the semantics game that always gets in the way:
Living together, in the eyes of CIC but NOT living together in the eyes of CBSA!

Well, the guy showed me his visitor record, so he told me he had no problem renewing or visiting his family back in Texas.

 

[Ponga]

Thank you for your input. My confusion comes that if you just have passport stamped, you can only stay 6 months out 12 months.
Plus, AOR usually takes about 2-4 weeks now, so that means work permit in less than 1 month (if CBSA office is speaking truth about getting OWP at the border instead of by mail)
what do you guys think about applying or getting OWP at the border with AOR as this CBSA office says???

AOR takes a lot longer than 2-4 weeks for most people. Some, never receive AOR and have to call CIC to even get their application/file number.

The new pilot program OWP enables a person that has submitted an Inland application to receive it ~ 4 months. I don't know if an officer at a land border would even issue these, but it's certainly worth a call to find out. You could bring proof that the application was submitted (including a copy of the receipt for the fees) and hope for the best...but, are you really sure that you want to apply Inland? Really?!?!

 

[Ponga]

Just curious to know which land border you're talking about. Did you happen to get the officer's name?

 

[Ponga]

Well, the guy showed me his visitor record, so he told me he had no problem renewing or visiting his family back in Texas.

Yes, but why did he think that a couple must live apart if applying Outland while both are in Canada?

 

[canuck_in_uk]

Thank you for your input. My confusion comes that if you just have passport stamped, you can only stay 6 months out 12 months.
Plus, AOR usually takes about 2-4 weeks now, so that means work permit in less than 1 month (if CBSA office is speaking truth about getting OWP at the border instead of by mail)
what do you guys think about applying or getting OWP at the border with AOR as this CBSA office says???

If the passport is stamped with the date of entry, that gives 6 months. A person can then apply to CIC to extend that before it expires. There have been people on this forum who have continually extended their status as visitors in Canada for years without ever leaving. There is no "6 months a year" rule, regardless of what a CBSA agent may tell you.

The thing is, CBSA isn't really up on actual immigration procedures. They can land people as PRs but when it comes to the finer details of the actual application processes, they don't know everything because that is CIC's jurisdiction. Even when it comes to stuff that is their jurisdiction, we frequently see posts on here from people who have been told complete BS from CBSA, such as the "6 months a year rule" or not being able to stay in Canada as a visitor to become common-law.

For the OWP, there are a LOT of people waiting for it (have a look here http://www.canadavisa.com/canada-immigration-discussion-board/updated-topics/-t260580.735.html;topicseen) and calling CIC constantly for updates. If it were possible to just make a border run to get it, they would have found that out and many would have their OWPs in hand now.

 

[Caribou]

AOR takes a lot longer than 2-4 weeks for most people. Some, never receive AOR and have to call CIC to even get their application/file number.

The new pilot program OWP enables a person that has submitted an Inland application to receive it ~ 4 months. I don't know if an officer at a land border would even issue these, but it's certainly worth a call to find out. You could bring proof that the application was submitted (including a copy of the receipt for the fees) and hope for the best...but, are you really sure that you want to apply Inland? Really?!?!

I live in Victoria, so we have technically have 3 borders + US borders in Victoria area as well. (3 ferries going to USA)
Most of us travel by ferry (meaning no DUI/criminal history as a passenger), and their share border officers between 3 locations, so I had that CBSA officer couple of times before already. never had issues nor secondary here unlike YVR.

I was going to apply outland, then the officer at the ferry when we're coming back from states told us about OWP. So, that's why I'm asking and inquring about possible options here. It will be nice to have WP rather than a piece of paper about AOR or SA when I apply for MSP (looks more official). Plus, less financial burden, but that's another story...