Questions about Inside Spousal

May 15, 2009 12:07

My wife and I are torn between doing an inside spousal and outside spousal (we were recently married in April and she is up on a study permit which expires at the end of June).  We've gathered the following conclusions both from discussion on this forum, other forums and contacting the CIC website.

1) Inside spousal (with an open work permit application)
Advantages:
- she can apply for an open work permit once we reach stage one approval
- she is allowed to stay in Canada while her PR application is pending (does this require an application of any kind or does it happen automatically?)

Disadvantages:
- longer processing times (12-18 months according to the CIC website)
- no right of appeal if for whatever reason she is turned down
- not generally allowed to leave Canada while application is being processed

2) Outside spousal
Advantages:
- faster processing times (6-12 months according to the CIC website)
- right of appeal in case she is declined
- can enter/leave Canada while application is being processed as long as you meet the requirements to re-enter

Disadvantages:
- she can't apply for an open work permit while the application is processing

Things we're unsure of that could swing it either way:
- where the interview happens for outside spousal?  Is it at the outside office that ends up processing it?
- does she need to apply for a temporary resident status change if she applies for inside or is that only for outside?
- when applying for an open work permit that's attached to the inside spousal, is there a different form to fill out other than the work permit form on the CIC website?  That form sounds as if it's for a work permit that normally needs a labor market opinion (which in this case wouldn't apply) but I'm unsure and the agent I spoke with at the CIC call center wasn't sure either.

Any help you experienced folks have would be greatly appreciated! :D

interviews, inside vs. outside spousal

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