Applying for inland landed immigrant status...

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Subject: Applying for inland landed immigrant status...
  I´d appreciate straight facts for answers to my questions, rather than any sermonizing. :)

If a person comes to Canada on a TRV visa and then marries a Canadian while here, can they stay in Canada and apply for landed immigrant status/spousal sponsorship, instead of returning home to their country and applying there?

If so, does one need to apply for an extension to their TRV visa, or does the application for landed immigrant status/spousal sponsorship automatically extend the TRV?

I understand that landed immigrant status/spousal sponsorship applications are processed quicker if the spouse applies outside Canada.

What I´d like to know is whether the party´s application will be deliberately delayed when the visa officer learns that the party knew their spouse long before they married (they entered Canada on a TRV as a tourist, not an invitation).

TIA






[20-11-2010,21:21]
[**.225.60.154]
Mark
(in reply to: Applying for inland landed immigrant status...)
if you had romantic intentions before you began you visit... and you did not say so upon entry, you run a risk of misrepresentation on the TRV.

Will it be deliberately delayed- probably not. Even if you are visiting, I would opt for an outland application.

[20-11-2010,22:36]
[**.154.245.217]
Sharon
(in reply to: Applying for inland landed immigrant status...)
Thanks for your frank answer Sharon. I know you are a veteran here and I respect your posts.

I am not a novice when it comes to TRV´s.

The fact of the matter, in this case, is that the chances of a successful application for a TRV are far greater if a ´tourist visa´ is applied for rather than an ´invitation visa´.

A ´tourist visa´ TRV has already been granted one time.
If an ´invitation visa´ is applied for and denied (likely in our case) then only marriage outside Canada would be an option.

"Will it be deliberately delayed- probably not. Even if you are visiting, I would opt for an outland application."

The reason for inland application is simply to be together.
We are not kids anymore with oodles of time to waste.

"if you had romantic intentions before you began you visit... and you did not say so upon entry, you run a risk of misrepresentation on the TRV."

All I´d like to know is whether any interpreted ´misrepresentation´ will harm an inland application, not whether it will affect the TRV application itself.

Also, assuming the TRV is granted, will an application to extend it be required if an inland perm res. application is made?

Thanks again!






[20-11-2010,22:53]
[**.225.60.154]
Mark
(in reply to: Applying for inland landed immigrant status...)
you are missing my instruction. You can apply outland while you are in Canada. Show your permanent address as being back home. The difference is a year and an option to appeal.

You may need that option to appeal that you forfeit with an inland application.

Misrepresentation is huge... it is an immigration ban for 2 year.

[21-11-2010,00:15]
[**.154.245.217]
Sharon
(in reply to: Applying for inland landed immigrant status...)
OK I understand you this time Sharon.
I didn´t know you could apply ´outland´ while still in Canada.
_That sounds like misrepresentation to me.

You are in Canada, but by address, trying to show that you are applying out of Canada.

When you say "The difference is a year and an option to appeal."
do you mean that it will shave off a year in waiting for perm. res. status, by going the inland route, but you will also lose your option to appeal should the app be denied?

Not sure I understand why you lose your option to appeal when you apply ´outland´.

TIA


[21-11-2010,10:26]
[**.225.60.154]
Mark
(in reply to: Applying for inland landed immigrant status...)
"do you mean that it will shave off a year in waiting for perm. res. status, by going the inland route"

Sorry I meant to say:
do you mean that it will shave off a year in waiting for perm. res. status, by going the ´outland application´ route?

[21-11-2010,10:31]
[**.225.60.154]
Mark
(in reply to: Applying for inland landed immigrant status...)
With inland applications there is no option to appeal. Denied means denied. With Outland applications you have the right to appeal and it takes a lot less time. My husband was here in Canada while we waited for his Outland approval and we were even able to get and extention on his visitors visa while he was here. The key is you need to be honest with them. YES you are currently in Canada BUT your current permanent residence is in __________. As long as you have legal status is Canada you will be fine.

Keep in mind you may not get an extension on your visa but if you prove your relationship genuine and do all your paperwork upfront (including medicals and criminal check) you could complete the process in as little as 4 months. It´s a lot to concider but being seperated for a month or 2 (depending when your visa expires) is a lot better than spending a year together for an inland application waiting only to find out it´s denied and you are out of options.

[21-11-2010,13:20]
[***.164.79.7]
ConfusedCanadian
(in reply to: Applying for inland landed immigrant status...)
Thanks for helping out CC!

You have answered a few questions, but there are some things that aren´t clear with the info you gave.

>With inland applications there is no option to appeal. Denied means denied. With Outland applications you have the right to appeal and it takes a lot less time.<

Thanks, that´s pretty straightforward.

>The key is you need to be honest with them. YES you are currently in Canada BUT your current permanent residence is in __________.<


Do you mean simply saying that on your application makes it an OUTLAND application? I don´t understand that. It´s simply an inland application with an outland address, that´s all.

>As long as you have legal status is Canada you will be fine.<

You mentioned a lot of "you´s" in your reply. It wasn´t clear if all of them were meaning ´my fiancee´.
In this case, by legal status, do you mean she was granted a bona fide TRV for her visit and she still had time remaining in the TRV? Or were you meaning I am a legal Canadian?

>Keep in mind you may not get an extension on your visa but if you prove your relationship genuine and do all your paperwork upfront (including medicals and criminal check) you could complete the process in as little as 4 months.<

My fiancee received a TRV for three months this past summer. She only stayed for one week though as she didn´t want to have a black mark on her record with Immig. Canada. The application for her TRV stated she would be a tourist for one week.

The only way she would realistically get another TRV is to apply once again as a tourist.

With this in mind, here are my questions:

1. If she gets her second TRV and we marry after a few weeks in Canada, what proof will Imm. Canada ask for, that our relationship is genuine?

There are two routes to go here.
-If we say that we have known each other for over a year (we have) we could provide all kinds of proof about that.
But they may be angry that she applied for a TRV as a tourist and not a guest of mine.

-If we say she met me on this trip to Canada, then how does one prove a very short relationship is genuine?
It seems Imm. Canada would be inclined to turn down our application simply because we have known each other for a short period of time.

>Itīs a lot to concider but being seperated for a month or 2 (depending when your visa expires) is a lot better than spending a year together for an inland application waiting only to find out itīs denied and you are out of options. <

If her visa expired and she wasn´t granted an extension, she would have to leave Canada, there would be no choice.

[21-11-2010,16:17]
[**.225.60.154]
Mark
(in reply to: Applying for inland landed immigrant status...)
the foreign applicant should retain their visitor/tourist status - that means they live full time somewhere else - correct?

there are lots of posts here that discuss what is required to proved your relationship is legitimate.

CIC assumes she will want to use you for immigration to Canada. It is up to you to prove otherwise. Plane tickets, emails, letters, photos, Wedding photos can be staged so limit them. Like I said, there are gazillion posts around here that tell you what you need to provide.

also carefully study www.cic.gc.ca. read the operational manuals for Outland Family Class.

If nervous, hire a consultant.

[21-11-2010,20:29]
[**.154.245.217]
Sharon
(in reply to: Applying for inland landed immigrant status...)
Yes they live somewhere else full time, correct.
If the definition of outland applic. is "the applicant simply needs to live full time outside Canada", then I understand you.

I will study www.cic.gc.ca. and read the operational manuals for Outland Family Class.

What I basically would still like to know is the following:

Assume my fiancee is successful in applying for her second TRV, as a tourist.
Assume it is once again a three month TRV.
Assume my finacee´s travel agent has arranged a tour of Canada for two weeks this time (last time it was one week).

If we marry when she is in Canada, can I sponsor her and legitimately apply for her perm. resident status, while she is still here?

Will her TRV application as a ´tourist´ stop the process?
Surely tourists fall in love occasionally.

Can I use info/data of our relationship prior to her coming to Canada, as proof that our relationship is legitimate?

I simply want to know what has happened in the past in this regard.

Thanks in advance!

[21-11-2010,20:56]
[**.225.60.154]
Mark
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