Work Permit (Applying Within Canada) and Spousal Sponsorship related questions.

[Mungzta]

Moved from other thread as suggested by another user.

Greetings everyone,
Thank you for taking time out of your day to read my post and or help answer any of my questions. To say that this has been a frustrating process so far would be an understatement. I am an American Citizen applying for permanent residency under the Spousal Sponsorship program within Canada. I am currently here under a visitor visa, and I have a few questions I was hoping some nice people could help me sort out. We have just paid my fees as apart of the online guide and we have a few last minute questions. As getting hold of the CIC call center at the moment has been met with "We are currently experiencing a large volume of calls and cannot transfer you to an agent, please hang up and try again". After 3 hours of calling, I'm about ready to just give up.

My questions:
I had heard that I can send out an application for a work permit with my residency application and then have it processed after the first stage in my residency is accepted? Which work permit form applies to me? The ones I've found online are all "Work application from outside of Canada" do I just fill out that one, pay the fees, and include it in my packet for residency? Or is my application different because I am within Canada.
Someone had told me that I should apply for an "Outland" work permit? How does this work I actually LIVE in Canada with my wife. I thought an Outland work permit was for people living outside of Canada? I'm really confused.

The second question is in regards to the application and the receipt portion. When I got my printed online receipt it was wanting me to fill out a section that says "Client Date of birth" Does that mean my date of birth? Or my wife's Date of birth in which the Credit Cards name is under? There is also another portion on the receipt that says "Client ID" We've never received an ID number is this applicable to us? Nothing I've found on the CIC website gives any information in regards to the online receipt we're supposed to "Fill out and attach"

 

[rhcohen2014]

DO NOT APPLY INLAND!!! you are a us citizen and there is absolutely NO reason to apply inland!!!!! If you apply inland, it's currently taking 13-14 months for first stage approval, which needs to happen in order for an open work permit to be issued and you can't work until then. if you applied OUTLAND, you can be landed and already working by then. Currently, US OUTLAND applications are getting approved in 3-7 monts. March - May 2014 applicants are already approved and landed. June 2014 applicants are just starting to get approval. Right now for inland applications, August 2013 applicants are getting through FIRST stage approval!!!! So your choice is this, make a huge mistake by applying inland, later on realizing many us citizens have already been approved and landed because they made the wise decision to apply OUTLAND - as it is SUGGESTED by CIC! OR apply outland, and be able to work in 4-8 months time. Seriously, just ask ANY visa exempt applicant stuck in inland hell right now.

You can stay IN canada as a visitor while you are waiting for an outland application to process. If you are already here, great! All you will need to do is apply to extend your stay as a visitor before your current visit is about to expire. It costs $100 to do this, and PR applicants are rarely denied extensions.

IF you are planning to do residency in canada and apply for a work permit that is completely separate issue, and I don't believe it has anything to do with a spousal sponsorship. Other members who are more familiar with this will be able to guide you properly.

I highly highly suggest, and bet that 100% of other forum members will agree, that you NEED to forget inland and need to fill out the outland application. you can use the same receipts.

 

[Mungzta]

I'm really confused, are we talking specifically about an Outland Work Permit application or an Outland Spousal Sponsorship. I'm kinda getting the two mixed up. Can I still apply for my Spousal Sponsorship within Canada and apply for an Outland Work permit separate?

 

[scylla]

Forget about the concept of an outland work permit. There is no such thing.

You can be physically in Canada and apply for spousal sponsorship using the outland route. As I mentioned in your other thread and restated above - you should apply outland (not inland) unless you want to create a miserable situation for yourself.

There is no work permit granted with the outland application route. So there is no work permit application for your to submit if you apply using the outland method.

If you want to work while the outland application is being processed, you will need to find an employer in Canada who is willing to give you a full time job offer, that employer will then have to obtain an approved LMIA (permission to hire you), and then you will be able to apply for closed work permit tied to that specific employer / company.

 

[Mungzta]

Could you please explain the differences between Inland Vs Outland, I've looked all around the CIC website but I've never heard the terminology being used before. Thanks everyone for your continued patience.

 

[scylla]

Inland is what CIC refers to as a "within Canada" application. Outland is "outside of Canada". They have slightly different application packages and very different processing times. Read the first post here for a good overview (note that the processing times in this post are now out of date):

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[rhcohen2014]

Could you please explain the differences between Inland Vs Outland, I've looked all around the CIC website but I've never heard the terminology being used before. Thanks everyone for your continued patience.

the thread scylla posted is a great start to understanding the process. if you also read my first response, that give you a general idea of why inland is a bad choice. perhaps i am misunderstanding your use of residency? the way i read it sounds like you are talking about doing a "residency" for work, ie: medical, and are asking about a work permit for that. If you in fact meant "permanent residency", then as scylla said, there is no "outland work permit" available. When a person applies OUTSIDE of canada - WHICH MUST BE CONSIDERED YOUR ONLY OPTION - even if you are IN canada as a visitor - they are not eligible to apply for a work permit unless they go through the ardous process of finding an employer to go through the process. this is seemingly impossible to do these days.

Bottom line - get the idea of applying "inside" canada and any sort of work permit out of your head. You want to apply for "sponsorship for a spouse living OUTSIDE of Canada" and you are not eligible for a work permit at this time. as stated above, Ottawa (Where you application will go) is processing US applications in 3-7 months, which is how long you will have to wait to be eligible to work legally in Canada.

another difference - outland - free to travel in and out of canada without risking your application, inland - if you travel and are denied re-entry to canada, your application is cancelled.

My suggestion is to put down everything you've done so far, forget whatever people who have NOT gone through the spousal immigration process tell you to do, listen to scylla and read the thread by Leon, download/print the OUTSIDE canada sponorship guide and forms, and come back with other questions that come up as you work to compile THAT application.

 

[Mungzta]

Question regarding Outland application:

What would happened if they call me in for in interview and I couldn't make it? The online guide says that Outland US interviews are done in either New York or Los Angeles. Which is a little bit of a concern for us, both of which are areas I could not afford to travel too, after the lawyer got through with us he pretty much sucked our savings dry. (Long story, but as you can tell we know NOTHING about immigrating and this guy took us for a loop in having us do 3-4 useless consultations)

If I were to do the Outland application could it be denied for lying? Questions regarding residence and where I live, I live in Canada. I haven't lived in the US for a long time, I don't have an address in the US anymore. Do I lie on inquiries about it and put maybe my parents house?

Or questions like "Have you visited your sponsor since being married" would my response be "Yes, I am currently permanently visiting her, I've been visiting her since we we're married last summer" I guess I answered my own question because later on it provides the question "Are you currently living with your sponsor"... but that begs the question if I'm living with my sponsor I'm not really... "Outside" of Canada am I?

The more and more I read into it the more I find this Outland vs Inland thing to be just silly, why even have an Inland application?

 

[rhcohen2014]

Question regarding Outland application:

What would happened if they call me in for in interview and I couldn't make it? The online guide says that Outland US interviews are done in either New York or Los Angeles.

All interviews are done in LA. NY does not process family class sponsorship anymore. If you miss your interview, your application will be denied. Generally, MOST us applicants are waived the interview. The most common reasons for someone getting called for an interview are: criminality issues, non-accompanying dependant issues as well as the applicant not being a US citizen, rather is in the us on a work permit. If your application is straightforward, then more likely than not your interview will be waived.

If I were to do the Outland application could it be denied for lying? Questions regarding residence and where I live, I live in Canada. I haven't lived in the US for a long time, I don't have an address in the US anymore. Do I lie on inquiries about it and put maybe my parents house?

yes, lying is called misrepresentation and if proven, it will surely mean your application is denied, and most likely cause a lot more trouble for you in the future. What is your current status in Canada? Are you a visitor? Have you been extending your visitor status, or are you "out of status"? If you have legal status in canada, even as a visitor, then it doesn't matter if you are IN canada while an outland application is being processed. Yes, you can put your current residence as canada AND list your canadian address in the application, because you are legally there as a visitor. It will not negatively affect your application, and there are many many applicants who have done this.

Or questions like "Have you visited your sponsor since being married" would my response be "Yes, I am currently permanently visiting her, I've been visiting her since we we're married last summer" I guess I answered my own question because later on it provides the question "Are you currently living with your sponsor"... but that begs the question if I'm living with my sponsor I'm not really... "Outside" of Canada am I?

yes, if that is the truth, then that's what you write. CIC will not deny your application because you are currently in canada. IF you are currently living with your sponsor, you say so. I would rephrase it and say, "I am visiting her while my PR application processes" instead of "i am currently permanently visiting her". Well, no you're not permanently visiting her. you are VISITING her UNTIL you receive permanent status in canada, and at some point if you can't prove your intentions to seek longterm status other than visitor, eventually I'd imagine your extensions will stop being approved. You can't legally "visit" canada permanently. be very careful about how you write things so it doesn't appear you are trying to create your own rules.

Applying OUTSIDE Canada has nothing to do with where the applicant is physically. It means the application is being processed at a visa office "outside" of canada. Technically, the ottawa office is considered "abroad", and it processes outland applications for various countries, not just the US.

The more and more I read into it the more I find this Outland vs Inland thing to be just silly, why even have an Inland application?

CIC actually suggests in the inland application to not apply inland. it's mentioned only once and is easy to miss apparently. From what I understand, Inland started as a "special rule" for those applicants and their families who have legal long term status in canada (ie: already here on work or study visa). It is not meant to be an alternative choice to applying for sponsorship for people wanting to "visit" their spouse until permanent status is granted (unless they come from a country where obtaining a visitor visa is difficult and who's process is years, not months). Visa exempt applicants can do that and apply outland no problem.

all you need to know is that inland has NO value to you right now as a US citizen.

 

[canadianwoman]

Listen to the above posters. Apply outland. You can say you are living with your spouse and use her address as your residential and mailing address. Many US applicants have done the same with no problems. However, you must be clear that you are visiting Canada. You are living with your spouse, but are a visitor to Canada.