I'm new to this site and trying to figure this out. Bf lives in the USA, I live in Canada. Would it be faster to start the application process while he still lives there, than to go through trying to get him here and then do the process? I'm still trying to figure out if we're going to do conjugal or spousal (we're not married as of now). Does anyone know if one of those is faster than the other?
Outland applications seem to be faster most of the time. If I had it to do over,(and I pray I dont have to,lol) I would have filed outland. If you file inland, you can not leave Canada till you receive your PR and you do not have the right to appeal in case you are denied your PR. (which I didnt know at the time) To file either one, you must be married or haved lived together for a year.
It's definitely faster to file "outside", though you don't actually have to BE outside. I'm from the US, got married to my Canadian in June 2007, and came across the border just over a week later as a visitor. We explained that we'd just gotten married and I showed them my mostly completed application for Permanent Residency and our reciepts showing we'd already paid the application fees (a VERY important detail in getting them to allow me in), and they gave me a Visitor's Record good for a visit of 364 days. We finished the application and sent it out in October 2007 and just about a week ago I got the letter saying my Permanent Resident visa is ready to be issued. So the actual application only took a little over 3 months, whereas people who file inland take up to a year or longer.
Basically, like rabsister said, you either have to have been living together for a year or be married in order to file, but once you've established one of these things your best bet is to apply "outland". If you apply inland your partner will have to be with you in Canada throughout the process and will not be able to go home (they're not guaranteed the ability to get cross back into Canada, and if they are refused re-entry the application is void). If you apply outland (and are married) your spouse can either stay in the US or come and "visit" in Canada. It's entirely up to you, and they're free to come and go as they please. Plus, as rabsister pointed out, if you file inland and are denied, you can't appeal it. If you file outland and are denied, you are free to appeal the decision.
Regarding the vistor record etc Did they have any problems doing that for you We are in the same situation apply outland but goign back before application is done Any feedback is appreciated thanks
Getting a Visitor Record isn't all that difficult. Just make sure you let them know when you're crossing the border that you're applying for Permanent Residency and they'll send you in to an immigration office. They'll want to see evidence that you're serious about the application, such as a mostly completed application, and they especially will want to see that you've paid your fees. The officer we talked with stated that seeing we'd already paid $1000 was just about all the convincing she needed, but she also asked a few questions about what we were planning to do about medical insurance until I could get my Social Insurance Number, and things of that nature.
The main thing is to make sure that your spouse is with you when you cross, to answer any questions they might have, and you should also make it clear that you understand you are just visiting and have no intention of staying if your application is turned down. An Immigration Officer's job is to make sure they're not admitting someone who will stay in the country illegally if denied Permanent Residency.