Can we apply for spousal sponsership, then return to canada?

[Loveforcanada]

Hi. My girlfriend has a multiple entry visa to canada, good untill summer. My question is, can we fly to russia, get married, apply for residency to canada while in russia, then retrun back to canada to wait for it? This process seems better for us, then her living with me in canada for a year to qualify for common law sponsorship, and also seems better than her returning home to russia and waiting 17 months to be with me. I also read that if we marry in canada, and apply from inland, it could be denied and no chance of appeal.

Can we do this?
thanks!

 

[Betina]

If you apply outland and then return with her to Canada and her visa expires in the summer, she will either have to ask for an extension of the visa - which is not guaranteed to be successful - or will have to go back to Russia. From what I know, only inland applicants get implied status and can't be deported while waiting for the application to be processed.

Plus, if your wife will be called for an interview, she will definitely have to travel back to Russia.

The application can be denied no matter how you apply - inland or outland - the chances are the same, no matter what way you take. Indeed, if you apply inland, there is no chance for appeal, but in the meantime, after 1st stage approval, your wife can apply for a work permit - which she can't do while on a visitor visa. Seeing that the processing time for Moscow makes the process pretty much the same length as the inland applications, I can't really see a reason why you would prefer outland instead of inland.

Just my 2 cents

 

[Ponga]

From what I know, only inland applicants get implied status and can't be deported while waiting for the application to be processed.

Inland applicants without status are subject to possible deportation, as the Inland application alone does not protect them. They are allowed to apply, per CIC...but can be removed, per CBSA.

Prior to November 2011, it was less likely, thanks to CBSA's previous Administrative Deferral of Removal policy.

 

[Betina]

Inland applicants without status are subject to possible deportation, as the Inland application alone does not protect them. They are allowed to apply, per CIC...but can be removed, per CBSA.

Prior to November 2011, it was less likely, thanks to CBSA's previous Administrative Deferral of Removal policy.

Now that's a bummer. Good to know.

 

[taffy7]

One thing to keep in mind is that if you are not a Canadian citizen you have to be in Canada when you apply .