apply for PR inside Canada or outside Canada?

[kkbaggio]

Hi,

Me and my fiance have been living and working in China for 4 and 8 year, my fiance is a Canada born Canada citizen and we engaged in Feb this year. We were planning to move back to Canada so he is now applying job back home and I have already quit my job and work for myself at home. We plan to go in July as my fiance is a vice principal so he will finish his contract the end of a school year. I have both Hong Kong SAR passport and British overseas passport, so I can stay in Canada up to 180 days visa free as a visitor. I'm now collecting document for applying the Spouse or Common-law Partner sponsorship but I'm not sure should I applying it outside Canada or should I apply later when I'm in Canada? The outside Canada application will be faster but me and my fiance don't want to be separated in 2 places. I do not want to wait for the visa in Hong Kong. Can I apply it now but I will be going to Canada in 3 months and wait there til my visa free visitor status is due and I can try to extend my stay in Canada? Thank you very much.

 

[canuck_in_uk]

Apply outland through London with your British passport. You can apply now while in China and then go to Canada with him while the app is in process. If you apply straightaway and head to Canada in 3 months, you will probably be done before even needing to extend the tourist status, as apps are currently about 7 months through London.

 

[kkbaggio]

But my passport is just a British national oversea passport, I'm not really a UK PR.

 

[Bright_skies]

If you apply outside it will be processed wherever you are a citizen, I assume in Hong Kong, which currently has a 13 month waiting period (plus the one month sponsor approval). You can submit it now while you are away. During the time your application is in process you can come to Canada at any time (at the border agent's discresion of course) and when your 180 days are about to expire you can apply to extend. If you provide proof of your application in process it should be fairly simple. If you apply inland you have to wait until you are here to submit the application. Then once it is sent off you don't have to keep your immigration status valid, as you will have an implied status until your application is processed. But if you leave while the inland application is in process and are not admitted back into Canada for whatever reason your application gets thrown out. The inland processing times are roughly 14 months now, about the same as your visa office. So it really depends on wether you intend to stay here once you come or if you will be traveling, and how soon you want to begin the process.

Good luck!

 

[canuck_in_uk]

But my passport is just a British national oversea passport, I'm not really a UK PR.

I believe that you are still considered a British national though? That would mean you are still entitled to apply through London even if you have never lived there. You could have someone in Canada, a family member or friend of your fiance, give a call to CIC to ask (you can't call from outside Canada and emailing them can take ages). They don't need to give any names or specifics, just ask if someone with your passport can apply through London. Or perhaps post that specific question on this forum and see if anyone else has any similar experience with your situation.

 

[Korea2Canada]

You CAN just go to Canada with him and apply there. It will take longer but at least you will be together. Gather all of your HK documents before you go.

 

[kkbaggio]

What is British National (Oversea) passport

On wikipedia

"British National (Overseas), commonly known as BN(O), is one of the major classes of British nationality under British nationality law. Holders of this nationality are British nationals and Commonwealth citizens, but not British Citizens."

In the IMM 0008 form

Immigration Office requested for the processing of your application

Indicate the name of the Immigration Office which serves:

your country of nationality, or
the country in which you are residing, provided that you have been lawfully admitted to that country for at least one year.


Does it really mean that I can really choose the visa office in London for my application? Thanks.

 

[canuck_in_uk]

That's what I was reading as well. You should confirm it directly with CIC. Worst thing would be to send it all off and then have them say you can't do it. As I said, get a family member or friend in Canada to call CIC and ask which office a British National Overseas Passport holder can apply though.

 

[kkbaggio]

Thank you everyone here for helping.

I would like to know if I am going to apply for the outland application and I know we will be leaving China in 3 months during the application is processing, should I attach a letter with my application form to inform the visa office about this? Since our address will not be in China in July, would it be better to give them my fiance's parent's address in Canada? It will be a big mistake if i lose any mail from the visa office.

Thank you very much!

 

[kkbaggio]

That's what I was reading as well. You should confirm it directly with CIC. Worst thing would be to send it all off and then have them say you can't do it. As I said, get a family member or friend in Canada to call CIC and ask which office a British National Overseas Passport holder can apply though.

ok, i will do it, thanks for your advise!

 

[canuck_in_uk]

ok, i will do it, thanks for your advise!

No prob, hope it is the answer you want . Put down your Chinese address on the application; there's no need to send anything telling them that you will be going to Canada. Once you are in Canada, you send a Case Specific Enquiry through ECAS to change your address to your Canadian one.

 

[cdnmom]

Hi

There is a Hong Kong thread you might want to have a look at.
London VO is pretty quick... but there are applicants going through Hong Kong that are finishing the process in 3-4 months.
The Hong Kong thread might be the place to post your questions!!