Hi,
I moved to Canada on a work permit to be with my finance. Then I got married, She is a Canadian citizen and I am a US Green Card Holder. Now I need to apply for residency based on her sponsorship.
What would be the best process for applying for residency.
If I apply inland I know I can apply for an open workpermit. However it might take longer duration I was told.
I am not sure whether I can apply outland, since I am actually living and working in Canada ? Can I also apply outland. What are the Pros and Cons.
Cheers
SW
Hi,
You can apply In-Land or Outland. No Problem.
INLAND
Pros:
1. If you are called for interview you can attend a local CIC office. (This is not usual but it can happen)
2. You can get an open work permit as soon as the first stage (AIP) is granted this is often around the 6 months mark but PR can take around 18 months
CONS:
1. Takes a lot longer than outland
2. No right of appeal
3. May be difficult entering and leaving Canada while your app is in process
OUTLAND:
Pros:
1. A lot faster some posts are between 4-9 Months
2. Right of appeal
3. Easier to travel in and out of Canada (stll pay attention to Dual Intent)
Cons:
1. If you need an interview you will need to go to the country processing your app.
2. No Open work permit (many not be a problem as you have a work permit)
If you can get the app processed in the US and there is not a problem with your current work permit I would suggest an OUTLAND application, but this is just my advice, I am not exactly an expert.
You can probably be processed through Buffalo with an "outland" application either because you were admitted to Canada for at least one year (on your work permit) or because you were legally admitted to the U.S. for at least one year and that was your previous legal residence. Does not matter that you are physically "in Canada" while the outland application is being processed (many, as in a great many of us, were processed outland while physically located in Canada). This is probably your better option. Emphasis is on probably because, as eurochris points out, no one here is an "expert," but more importantly because what is right for you may very much depend on the particular details of your situation, all the details combined.
The country whose passport you carry may be a factor to consider. Since you have a U.S. greencard (which you may lose if you immigrate to Canada prior to obtaining citizenship in the U.S.) and a work permit in Canada, probably not much of a factor, but you may want to consider as many angles as you can foresee.
Many thanks for both of your responses. I have 9 months of my work permit left, so I guess I should go for outland application.
Thanks a lot
SW