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Help! Inland or outland spousal application?

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kyliejean13 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kyliejean13 Quote  Post ReplyReply Direct Link To This Post Topic: Help! Inland or outland spousal application?
    Posted: 16 Feb 2018 at 7:12pm


My boyfriend (Canadian) and I (American)  are thinking of getting married and we hope to move to Canada together. Since we’ve known each other he has been on the Canadian Youth Mobility Visa in London, so we don’t qualify for the common law visa because we haven’t co-habitated for a year and the chances of me finding a job when he comes back to Canada in the fall so we can cohabitate appear slim. The conjugal visa also seemed out of our reach because we don’t think the government would think our circumstances were dire enough to prevent our cohabitation in England. So marriage it is. We’re hoping to get married in the next two months in order to get this visa application rolling.

Long story short, we just want to live together as soon as possible and the spousal route seems like the best way to do it. Now we just need help in determining if we should do inland or outland. I know the process is completed faster with the outland, but will our application be accepted if he is not in Canada when we submit it?

His youth mobility visa expires in January 2019, but he’s coming back to Canada early –– so is it enough to write a detailed letter saying that he is coming back early and that he has a place of residence in Canada when he does? He’s moving back to his parent’s house for a bit and we could have them write a letter as well.

If we choose inland, does anyone have experience with the Open Work permit? I’m cool with hanging out for a few months waiting for it to come, but I’ve also read that I may not get my conditional residence card for up to two years which would make it hard for me to come in and out of Canada...that would not be very fun.

So I should I just go to Canada and do the inland, but possibly wait years for my residence card? Or should we get the ball rolling now with the outland and just continue the distance for another year and get all my resident/work documents at once?

Any help and/or insight on spousal visa processing times would be appreciated. Both of us are floundering in the amount of information!

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colin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote colin Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2018 at 9:37pm
If your Canadian boyfriend is a Canadian citizen (not a permanent resident), you can apply for an outland sponsorship even if he is not in Canada. He will however need to show that he is planning on returning to Canada once you get your PR. If he is planning on moving to Canada before the spousal sponsorship is approved, he can update his address with IRCC. During the application, he can also provide a letter stating that he is planning on moving back to Canada on a specific date and provide information on his place of residence.

Outland sponsorships are indeed faster even if IRCC announced that both inland and outland sponsorships will be processed within 12 months.

However, with the inland sponsorship, you will be able to apply for an open work permit. The current processing time for the work permit is approximately 6 weeks.

If you have the possibility to do an outland sponsorship, it would be best if you wish to get your Permanent Residence faster.
Colin Singer, Canada Immigration Lawyer & Managing Partner,
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