Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Applying for PR from Within or Out of Canada
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Jens Posts: 1
Posted On: 12/17/2014
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I'm currently living in Vancouver, BC on a student visa and will apply for PR being sponsored by my spouse. The CIC guidelines suggest that I can apply either as person living in Canada, or through a Visa office out of Canada to take advantage of the shorter wait times.
I cannot find any further information on the website and CIC call centre seems to be vacant since a couple of days.
My questions are:
- Is it true that I have the choice where to apply to?
- Which Visa office outside of Canada do I have to apply to, the one responsible for my nation or another one?
Thanks for your help.
This is actually urgent since we're expecting a child and child benefits are not given to a couple where not both partners are either PR or Canadians.
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Moderator Moderator Posts: 4142
Posted On: 12/18/2014
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would like to have some information regarding your situation as soon as possible.
Regarding your question about the options you have for submitting your application, yes, it is true that you can either apply using by using the application to sponsor from within Canada or the application to sponsor from outside Canada.
According to the CIC OP 1 Procedures Operations Manual,
Special procedure for the family class
The application for permanent residence for members of this class no longer gives applicants a choice as to which office will process their applications. CPC-Mississauga, which receives the applications, will make this determination pursuant to R11 and will forward the file to the appropriate visa office. The option of selecting the office where the sponsor wanted the application to be processed has been deleted from the "application for sponsorship and undertaking."
For those who are doing outside applications while in Canada, the only issue is that when it is done through the applicant's country of citizenship or lawful residence is if the visa office calls for an interview, it is necessary that they travel to said visa office.
The visa office may then likely assess issues such as the applicant’s admissibility (health, criminality, etc.) and review issues related to the legitimacy of the marriage.
We suggest that you may want try to contact the Citizenship and Immigration Canada (CIC) Call Centre again to confirm this information and to see what options they provide.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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alex2015 Posts: 5
Posted On: 12/19/2014
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The main differences between the “inside of Canada” and “outside of Canada” applications are the processing times and whether or not your spouse can travel to and from Canada during the processing of an application.
The outside of Canada process is taking approximately 13 months to finalize. During this time, your spouse would be free to come and go from Canada during the processing of the application. If for some reason the application were refused, your spouse would have appeal rights.
Presently, the inside of Canada applications are taking about 24 months to process. Stage one approval is taking about 16 months, which means that your spouse would not be able to work until she received stage one approval. Your spouse cannot leave Canada during the processing of stage one and there are no appeal rights should the application be refused.
There may be other options for your spouse to obtain a work permit prior to submitting the sponsorship/permanent residence application.
Having child is expensive if women not have Health card.
Rules:
Spouse(student in canada) then can sponsor other spouse get WP & Health card.
Spouse (work permit) then can arrange other spouse WP and Health card.
Wife (citizen) then conceive kid from visitor and get free medical.
Husband (citizen) then just pay tax and get no benefit.
Make well plans to conceive kids and it's very expensive and hardly get insurance.
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