Spousal sponsorship 2019 (Inland Vs Outland)

[anchdri]

Hello everyone,


I am a Canadian PR holder (Indian national) and my future wife is a Brazilian national. We are planning to marry in British Columbia, Canada somewhere around March 2019 through a civil process. After the civil process, once we get our marriage certificate, I am planning to sponsor her for Canadian PR under spousal sponsorship. My questions are:


1. What will be better inland application or outland application?

2. Which one has a faster processing time? Inland or outland?

3. Once she gets a work permit in Canada (in case of inland application), can she leave Canada for a month or two?

4. How long does it take for the work permit to come through?

 

[kcward7]

Hello everyone,


I am a Canadian PR holder (Indian national) and my future wife is a Brazilian national. We are planning to marry in British Columbia, Canada somewhere around March 2019 through a civil process. After the civil process, once we get our marriage certificate, I am planning to sponsor her for Canadian PR under spousal sponsorship. My questions are:


1. What will be better inland application or outland application?

2. Which one has a faster processing time? Inland or outland?

3. Once she gets a work permit in Canada (in case of inland application), can she leave Canada for a month or two?

4. How long does it take for the work permit to come through?

1. Inland: both applicant and sponsor must be inside Canada at the time of submission. You can apply for the OWP alongside the inland application. The OWP however is part of a pilot program ending January 31 that they have not announced they are renewing (mind you, they always wait until the last minute to do so). Travel outside of Canada is not recommended on an inland application - if you are denied re-entry by CBSA, you application will be abandoned. That said, many applicants have taken short trips with no issues (pending you meet admissibility requirements you should be granted re-entry, but never guaranteed). There is no appeal option on the inland application. Inland applications are processed consistently at the 11 to 12 month mark.

Outland: applicant and sponsor can be living inside Canada, living apart internationally, living together internationally. If the sponsor is a PR and not a citizen, they MUST remain inside Canada for the duration of processing. Travel is fine. If you're inside Canada you must maintain valid status throughout processing (like having a valid visitor visa). There is no OWP option. There is an appeal option if denied. Outland processing generally tends to be faster than inland, but not always, and falls under the same 12 month processing target.

2. The target for both is 12 months although outland is typically processed faster. Expect 12 months and anything faster than that, be pleasantly surprised.

3. No. Short trips are generally acceptable (nothing more than a week or two, max). Leaving for a month or two would invalidate inland requirements.

4. Typically 3-4 months although recent applications seem to be pushing 5.

 

[anchdri]

1. Inland: both applicant and sponsor must be inside Canada at the time of submission. You can apply for the OWP alongside the inland application. The OWP however is part of a pilot program ending January 31 that they have not announced they are renewing (mind you, they always wait until the last minute to do so). Travel outside of Canada is not recommended on an inland application - if you are denied re-entry by CBSA, you application will be abandoned. That said, many applicants have taken short trips with no issues (pending you meet admissibility requirements you should be granted re-entry, but never guaranteed). There is no appeal option on the inland application. Inland applications are processed consistently at the 11 to 12 month mark.

Outland: applicant and sponsor can be living inside Canada, living apart internationally, living together internationally. If the sponsor is a PR and not a citizen, they MUST remain inside Canada for the duration of processing. Travel is fine. If you're inside Canada you must maintain valid status throughout processing (like having a valid visitor visa). There is no OWP option. There is an appeal option if denied. Outland processing generally tends to be faster than inland, but not always, and falls under the same 12 month processing target.

2. The target for both is 12 months although outland is typically processed faster. Expect 12 months and anything faster than that, be pleasantly surprised.

3. No. Short trips are generally acceptable (nothing more than a week or two, max). Leaving for a month or two would invalidate inland requirements.

4. Typically 3-4 months although recent applications seem to be pushing 5.

Thank you so much for the information.

 

[anchdri]

1. Inland: both applicant and sponsor must be inside Canada at the time of submission. You can apply for the OWP alongside the inland application. The OWP however is part of a pilot program ending January 31 that they have not announced they are renewing (mind you, they always wait until the last minute to do so). Travel outside of Canada is not recommended on an inland application - if you are denied re-entry by CBSA, you application will be abandoned. That said, many applicants have taken short trips with no issues (pending you meet admissibility requirements you should be granted re-entry, but never guaranteed). There is no appeal option on the inland application. Inland applications are processed consistently at the 11 to 12 month mark.

Outland: applicant and sponsor can be living inside Canada, living apart internationally, living together internationally. If the sponsor is a PR and not a citizen, they MUST remain inside Canada for the duration of processing. Travel is fine. If you're inside Canada you must maintain valid status throughout processing (like having a valid visitor visa). There is no OWP option. There is an appeal option if denied. Outland processing generally tends to be faster than inland, but not always, and falls under the same 12 month processing target.

2. The target for both is 12 months although outland is typically processed faster. Expect 12 months and anything faster than that, be pleasantly surprised.

3. No. Short trips are generally acceptable (nothing more than a week or two, max). Leaving for a month or two would invalidate inland requirements.

4. Typically 3-4 months although recent applications seem to be pushing 5.

One question came up while reading some threads.

My GF came to visit me in Canada on visitor visa in May 2017 to November 2017 (5 months and 24 days) again she came to visit me in July 2018 - Jan 2019 (5 months and 26 days). I applied for my PR in August 2018 and received my PR in November 2018.

Will this situation cause any issue? We never lived 12 months continuously together in any country so I guess I did not commit any misrepresentation in my PR application. She does not qualify as a common law partner right?

 

[kcward7]

One question came up while reading some threads.

My GF came to visit me in Canada on visitor visa in May 2017 to November 2017 (5 months and 24 days) again she came to visit me in July 2018 - Jan 2019 (5 months and 26 days). I applied for my PR in August 2018 and received my PR in November 2018.

Will this situation cause any issue? We never lived 12 months continuously together in any country so I guess I did not commit any misrepresentation in my PR application. She does not qualify as a common law partner right?

No. In order to qualify for common law you have to be in a marriage like relationship for 365 consecutive days with no significant breaks. You don’t qualify for CL based on what you’ve said here.

 

[anchdri]

No. In order to qualify for common law you have to be in a marriage like relationship for 365 consecutive days with no significant breaks. You don’t qualify for CL based on what you’ve said here.

Thank you so much for the information.