Thursday, July 27, 2006

Spouse - Outside vs. Inside Canada

As I mentioned earlier, there are two ways to apply for PR for your spouse/partner. One is from "outside Canada," and one is from "inside Canada," when your spouse/partner has already come to live with you in Canada. There is a different set of forms and requirements for each of these methods. This is a description of some differences I found on http://www.borderconnections.com/faq.html#in-out-canada
Q: What is the difference between In Canada and Outside Canada applications?

There are two different (but very similar) procedures when it comes to submitting a spouse/common-law partner sponsorship Family class application - In Canada and Outside Canada applications. In Canada application is often submitted by applicants who are already in Canada. Outside Canada application is submitted by applicants who are outside of Canada.

In Canada application does not have a right of appeal to IAD (Immigration Appeal Division) if your application gets denied. In other words, you need to reapply. Outside Canada application has a right of appeal to IAD and has an option to present your case before reapplying.

In Canada application allows an applicant to stay in Canada by filing for an extension. Outside Canada application does not have this option and an applicant may not be able to stay in Canada if he/she does not obtain a permanent resident visa before his/her temporary status expires.

It is important to analyze your case and submit the most advantageous application.

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