Advice - outland vs inland during covid

[CanadianCatLady]

Hi everyone. I’m a Canadian citizen who is married to an American citizen. We have no children and it’s our first marriage. We live three hours away from each other. I think it’s a pretty clear case. I need some advice on whether we should apply Inland or Outland. The issue is, my spouse is locked into a work contract in America until Feb 2021.

Option 1: Apply outland. We submit the application July 2020. My spouse comes here for 6 months from Feb-July 2021 (Americans are allowed to visit 6 months with no visa). We can easily afford this time without my spouse working and just want to be together. My spouse gets PR shortly after and all is well. Risk: what if covid drastically increases processing time and it’s way more than 12 months? Would my spouse need to leave and go back to America?

Option 2: Apply Inland. We submit the application once my spouse comes to Canada in Feb 2021. We include an open work permit request. That way my spouse can work and stay in Canada while the PR pends. So we’d be submitting the app 7 months later...but with the security of a work permit, just in case covid screws up the processing time.

Thoughts? I know this is a personal decision but I’m looking for advice and factors I haven’t considered, based on others’ experience with the process. Thanks so much in advance.

 

[bian07]

For option 1: you can apply for a visitor record before the original stay expires, which would allow your spouse to stay longer if its accepted

 

[edenfair]

As is, option 1 is likely your smoothest bet. Applying as soon as possible so they can begin the processing sooner. It's hard to know what to expect with future processing times though.

Speaking as an American who was once turned away for having the same expectation of staying the "allowed 6 months", please be absolutely sure she can sufficiently prove her ties back home. They don't have to give you the 6 months or anything at all. I know online it says they will recognize dual intent to be a visitor and apply for permanent residence, but it's really dependent on who you come across at the border.

 

[CanadianCatLady]

As is, option 1 is likely your smoothest bet. Applying as soon as possible so they can begin the processing sooner. It's hard to know what to expect with future processing times though.

Speaking as an American who was once turned away for having the same expectation of staying the "allowed 6 months", please be absolutely sure she can sufficiently prove her ties back home. They don't have to give you the 6 months or anything at all. I know online it says they will recognize dual intent to be a visitor and apply for permanent residence, but it's really dependent on who you come across at the border.

Thanks. That kind of has me worried because she was planning on not renewing her job contract, and letting her apartment lease run out...guess we should rethink that.

 

[canuck78]

What about her job she is locked into? Just she plan on working remotely?

 

[CanadianCatLady]

What about her job she is locked into? Just she plan on working remotely?

Sadly no, she’s in the US Air Force so needs to be on the base.

 

[PrincessButtercup]

As is, option 1 is likely your smoothest bet. Applying as soon as possible so they can begin the processing sooner. It's hard to know what to expect with future processing times though.

Speaking as an American who was once turned away for having the same expectation of staying the "allowed 6 months", please be absolutely sure she can sufficiently prove her ties back home. They don't have to give you the 6 months or anything at all. I know online it says they will recognize dual intent to be a visitor and apply for permanent residence, but it's really dependent on who you come across at the border.

To re-iterate this point, it really is up to the CBSA officer she has at the border. She may not even be talked to, or she might have to provide proof of ties back to the US and the intent to leave when the 6 months is up. Her officer may or may not be familiar with the idea of "dual intent," even though it is not supposed to be grounds for refusal into Canada. This is something I thought about a lot when I made what I hoped would be my final (for the time being) trip from the US into Canada before applying for PR.

As for proof to ties to the US, she might want to purchase a fully refundable, one-way plane ticket back with a date 6 months out or less to show that she intends to leave. Also recent (30 days or less) bank statements showing she has money in an American bank. While she may not have her own apartment, can she tell the CBSA officer that yes, she'd have a place to return to/live at after the 6 months (parent's or other relative's, possibly)? A big red flag would be to hear that she has nowhere to live in America.

I don't mean to worry you too much, but I feel it's better to be prepared than rejected. Good luck to you both!

 

[CanadianCatLady]

For option 1: you can apply for a visitor record before the original stay expires, which would allow your spouse to stay longer if its accepted

Really? I thought she would be denied because they would see her PR app was pending...I heard somewhere that could make it hard to get a visitor visa. Do you know anything about that? Also thanks for your response. No worries if you don’t have detailed info, I know this is just an Internet forum.

 

[canuck78]

Sadly no, she’s in the US Air Force so needs to be on the base.

Very confused. You say your spouse is locked into her job on a base. How is she going to come to Canada soon and apply for sponsorship from Canada?

 

[CanadianCatLady]

Very confused. You say your spouse is locked into her job on a base. How is she going to come to Canada soon and apply for sponsorship from Canada?

She gets out of the US Air Force in January 2021. That’s when her 4 year contract ends. So she could come and apply inland in February, or apply outland now.
Unless her service in the US is a barrier to outland? Now I’m worried.

 

[canuck78]

She gets out of the US Air Force in January 2021. That’s when her 4 year contract ends. Do you think that’s a problem? Now I’m worried.

Sorry misread. Thought she was moving In July. Apply Outland. Start the process as soon as possible.

 

[CanadianCatLady]

Sorry misread. Thought she was moving In July. Apply Outland. Start the process as soon as possible.

No worries. That seems to be the consensus...I’m leaning toward outland I suppose

 

[egam189]

Really? I thought she would be denied because they would see her PR app was pending...I heard somewhere that could make it hard to get a visitor visa. Do you know anything about that? Also thanks for your response. No worries if you don’t have detailed info, I know this is just an Internet forum.

That's not true. I applied outside Canada and I got into Canada with my visitors visa.

But I am not sure if I am still considered inland or outland.

 

[CanadianCatLady]

That's not true. I applied outside Canada and I got into Canada with my visitors visa.

But I am not sure if I am still considered inland or outland.

Oh interesting....if my spouse could just come here on a visitors visa (and keep extending) while her outland app processes that would be ideal.

 

[egam189]

Oh interesting....if my spouse could just come here on a visitors visa (and keep extending) while her outland app processes that would be ideal.

That would be ideal Just wait till when Canada lifts the international travel.

I applied extension for my visitors visa a month ago. And still waiting for my PR.