Applying from outland, but visiting Canada during the process?

[Soph]

Hi there,

my husband (Canadian Citizen) and I (German Citizen) are currently living in Germany. He was born and raised in Canada and lived there until just a year ago, before we got married. This summer we want to move to Canada. We're about to send off the family sponsorship application (he is going to sponsor me).
The question is: How long my I stay in Canada (as a visitor) while we're waiting for the application to be processed? (May I visit Canada at all while we're in the process of applying from outland?)
Ideally we were hoping to have been able to sent off the application earlier, so that I would have been able to go to Canada with a permanent residency card right away. We saw that currently it takes CIC more than a year to process an application. So that plan won't work anymore.
The other thought was if it would be better for us if I go to Canada as a visitor in the summer, and we're sending the application off as an inland application instead of sending it now out of Germany? However I wouldn't have any legal status in Canada then, right? Or does "visitor" count as a legal status?

Thank you so much in advance for any help on this topic!

- Soph

 

[Riley Haas]

Hi Soph,

How long my I stay in Canada (as a visitor) while we're waiting for the application to be processed? (May I visit Canada at all while we're in the process of applying from outland?)

In theory, you can visit for six months. However, you will have to establish to the satisfaction of CBSA that you will be leaving Canada before your entry stamp expires. You need to show your ties to Germany but, in this circumstance, it's also good to claim that you will leave because you have no desire to jeopardize the fate of your sponsorship application.

The other thought was if it would be better for us if I go to Canada as a visitor in the summer, and we're sending the application off as an inland application instead of sending it now out of Germany?

This is a much better idea. One reason is because, as is, you and your your husband need to establish that you're settling in Canada. If you haven't done that as part of your current application, that could be rejected. We don't recommend people applying for outland when both spouses are outside of Canada, it's a higher burden of proof.

However I wouldn't have any legal status in Canada then, right? Or does "visitor" count as a legal status?

Yes, visitor counts as "legal status." Also, you should note that if you do submit an inland application, you can apply for a work permit or study permit at the same time as you submit the sponsorship application. See more: https://www.immigroup.com/news/work-canada-while-your-sponsorship-application-process
Hope this helps.

 

[Soph]

Fantastic! Riley, thank you so much! Truly helps us in figuring out what steps to take next! Thank you!

 

[Riley Haas]

You are very welcome. Good luck.