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| Subject: Applying within Canada vs. applying outside Canada |
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My husband (Australian) currently lives here in Canada with me. He had a work visa, but that has recently lapsed and we are in the process of getting him reinstated as a tourist. We are planning to start the Spouse visa process.
I have read that applying outside of Canada can be a quicker process. However, I have also been told that if applying within Canada, once the sponsorship has been approved (approx 6 months), the applicant is issued with an open work permit.
Has anyone heard of this? I have tried to find this information online, but have not been successful yet.
Thanks in advance!
[15-01-2008,14:32]
[***.96.134.61]
confused |
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(in reply to: Applying within Canada vs. applying outside Canada)
its a ying and yang
yes, and inside Canada application can result in a work permit after your initial approval as sponsor but there is still several months of waiting involved. I believe his current status must be legal to begin the sponsorship process. Need to double check that one.
cons of inside - if something goes wrong, there is no option for appeal. this route takes much longer because of file volumes
Out of Canada application -now that he is here, he can hang around Canada at least for a while during the out of Canada application but make sure his place of permanent residence is in Australia.
I have a feeling that the total time from Austrailia will be faster than the initial sponsorship approval on an in-Canada application.
[15-01-2008,14:49]
[***.121.220.199]
sharon |
Applying within Canada vs. applying outside Canada (in reply to: Applying within Canada vs. applying outside Canada)
Thanks, Sharon! I guess we just need to decide what´s more important to us - the total time it takes, or the time it takes until he is able to get a work permit.
As for the legal status, they have amended the rules about it. From the website:
"On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply"
Thanks again for your help!
[15-01-2008,17:00]
[***.96.134.61]
confused |
(in reply to: Applying within Canada vs. applying outside Canada)
Confused
It is more YANG then ying.
If you really prove your relationship he can be approved STAGE ONE and be elligable for an open work permit. Then he has to remain in Canada probably for at least another year before becoming a PR.
Lets say you decide to do the application yourself and a strick officer gets your file or someone who got kicked out of bed last night. They will send it to the local office. I love the comment on www.cic.gc.ca site stating it (MAY) increase processing times!
Then if your in the Greater Toronto Area add the following processing times.
Scarborough CIC Two Years
Etobicoke CIC One and 3/4 Years
Mississauga CIC Two and 1/2 Years
Then don´t forget the additional year to obtain the actual PR status.
Now since your husband has already violated a temporary status visa by overstaying and not leaving at the expiration of his TEMPORARY work permit. ---- Why do you think he will be approved as a visitor after being here more then a year already?
Volpe and his "Good News for Spouses" annoucement so now there is three different applications for spouses that confuse most in deciding which actual one to use.
Wish you luck, but remember a little knowledge can be more dangerous then no knowledge at all.
Roy
www.cvimmigration.com
[16-01-2008,09:07]
[**.52.216.6]
Roy |
(in reply to: Applying within Canada vs. applying outside Canada)
Hi Roy,
I´m not sure I understand what you´re trying to say.
***"If you really prove your relationship he can be approved STAGE ONE and be elligable for an open work permit. Then he has to remain in Canada probably for at least another year before becoming a PR."
I´m not in the least bit worried about proving our relationship. We have been together for many years and have the documentation to prove it.
***"Lets say you decide to do the application yourself and a strick officer gets your file or someone who got kicked out of bed last night. They will send it to the local office. I love the comment on www.cic.gc.ca site stating it (MAY) increase processing times!
Then if your in the Greater Toronto Area add the following processing times.
Scarborough CIC Two Years
Etobicoke CIC One and 3/4 Years
Mississauga CIC Two and 1/2 Years
Then don?t forget the additional year to obtain the actual PR status."
Are you suggesting that if I send in the application myself I will be subject to longer wait times? It sounds a bit like you´re attempting to drum up some business for cvimmigration.com with a bit of fear-mongering ;)
With regard to the overstaying of the work permit, I have contacted CIC and been assured that, given the circumstances, he should have no problem being reinstated as a tourist.
I appreciate the time you took to reply, but you didn´t really address the question I had.
Thanks
[17-01-2008,17:09]
[***.96.134.61]
confused |
(in reply to: Applying within Canada vs. applying outside Canada)
I suspect Roy is trying to suggest that it is erroneous to assume everything is straight forward. what we assume CIC wants to see is not always the truth in what they want to see and how we understand the questions is not always correct. it is imperative that you read and read and read and information from the call center is not always the most accurate or reliable.
I highly doubt that Roy is drumming up business. He just hates to see over confident applicants get burned. It happens more often than we want to see.
[18-01-2008,00:12]
[***.121.220.199]
sharon |
question! (in reply to: Applying within Canada vs. applying outside Canada)
Hi
I wonder if anyone can help me..I work here in canada as caregiver and have applied for PR. I got my first stage approval back in june 2007. Now waiting for the final decision.My file has been tranferred to Mississauga local office and its been sitting there for while.Does anyone know whats the waiting time in live in caregiver cases.
[23-01-2008,11:52]
[***.240.14.217]
Anonymous |
(in reply to: Applying within Canada vs. applying outside Canada)
Dear Confused you really are confused. Me drumming up business, LOL BIG TIME
Here is a reply to Julia in regards to the same or similar circumstances. Trying to beat the system is fair but sometimes it backfires.
Consider this your caught speeding and your real pretty looking your best and non-combative the odds I say your told to slow down and the Police officer goes on his way. The next day your caught speeding again and this Police Officer just lost his house in a divorce judgment ten to one he writes you a ticket for the exact speed you were going and does not care if you loose points.
Here is Julia asking the same questions.
Julia
Every time you buy a lottery ticket and it does not win do you ask for your money back?
Come on girl!!! You get to wake up every morning in the same bed with the man of your dreams and you want MORE!
Okay lets look at it from the other side the CIC officer stuck with considering your application.
After 5-6 months of waiting to be initially assessed it gets assigned to an immigration officer.
Here is their thought process.
Oh here is a guy who entered as a visitor from Belgium who wants to beat the system by applying inside Canada instead of through his Visa Post Paris. Sure looks like he lied about his true intentions when entering Canada! This guy was coming or seeking entry to live permanently in Canada. Lets teach him a lesson. Lets kick him for an interview and I?ll put in an NCB to give him a hard time. When that )(*^&%$ gets the Foss notes they will not be able to get that information that I pass onto the officer conducting the interview and it will only be three or four years for him to get landed. Since he will get pissed off he will fly home and then he will have to start all over because he will no longer be in Canada. LOL LOL LOL
You asked now you got a clearer picture. Do it outside of Canada as advised by Sharon and me because it gets no better.
Roy
CONFUSED Your spouse partner is out of status. You should be applying in OZ but like Julia wants the best of both worlds. I wish I could tell you the policy is always fair.
Do you have any idea of how many people come to Canada and make a bogus refugee claim just because 48% of all claimants win. Then when they loose they go through the system for 2-12 years and all of a sudden just before when they are told to go home they get married & submit a Spousal application.
It has nothing to do with if your really married or not it has to do with how many other spousal sponsorship applications that officer has seen this week that appeared bogus to him/her. It also has to depend on their attitude that day. Just because you think and know your marriage is real we all interpret the facts our own way. Some officers might not agree with your facts and then you would wait years and not having a valid SIN would mean that he would get stuck doing crappy work like all the other illegals.
I hope you now understand. Trying to prevent you from making another mistake, not trying to get business.
Roy
www.cvimmigration.com
[23-01-2008,16:22]
[**.158.52.214]
Roy Kellogg |
(in reply to: Applying within Canada vs. applying outside Canada)
hey, hes Australian not a problemo. It´s all good then...think if he was African or Asian then theat would be a problem so relax and enjoy...some of us are cursed.
[01-02-2008,12:15]
[***.7.98.230]
lisa |
(in reply to: Applying within Canada vs. applying outside Canada)
I agree with Roy. I have been through the process with my husband from both ends and what he speaks of is true. The situation can be better or worse!
The call centre gives conflicting information...they are coached what to say and do not have specific information regarding a case (only the CIC officer does...the one working on your case).
Fill out your papers as best as possible and sit back! Don´t be surprised at how long it takes. Every relationship is put under the microscope. The information the package requests is only the minimum requirement (stated in the package) and the instructions are not complete (only a guide). Incompetance will delay the processing of the package and this can occur with submissions within Canada or outside. One protocol that is unwritten yet followed is that all correspondence takes about three months to be addressed. You can imagine how long the process can be if you keep that in mind. Applying for a work permit can also take up to or more than 72 days. The processing time listed for my husband was 29 days yet it took 72 and the CIC call centre advised me it may be sooner but due to the high volume it could also take longer.
ROY is not drumming up business...his advice is accurate and maybe even optimistic! I would almost advise you to go and live in your husbands country! You may get status faster than he does!
Good Luck
[26-02-2008,14:29]
[**.233.246.41]
Anonymous |
Sponsorship of Family Members (in reply to: Applying within Canada vs. applying outside Canada)
I seek an answer to two questions: can a client´s family whom are being sponsored, retain Canadian multiple entry visas to travel to and from Canada while a sponsorship application is in progress and not yet completed? If a client wants to sponsor his or her mother, and the mother has dependant children, can one of the children remain in Canada while the application is in process while the mother remains outside the country? If the dependant child wants to remain here while the application is in progress, can the mother remain in the home country or do they all need to be in the same place? With this being said, should the application be brought in or outside Canada in the circumstances?
[11-05-2009,23:56]
[**.249.241.69]
Adam |
