Need advice - inland spouse sponsorship

[Anvil_isopod]

I am British citizen. I obtained PR express entry in canada and landed on Nov-19. Since then I have spent couple of months in canada but only permanently moved to canada in Oct-22. I will have sufficient days to be able to meet minimum residency requirement and don’t intend to travel outside canada a lot.

I am still employed by my UK employer and they have agreed for me to work permanently from Canada while getting paid and taxed in the Uk. Canada and UK seem to have double taxation agreement.

I am planning to sponsor my common law partner from the UK. She will come here next month on eTA and we will apply through inland route coz it’s quicker along with open work permit.

1) The application asks - are you and your common law currently living together and show proof?

we are not currently living together because she is still in UK serving her notice period. But I have all the proof and evidence that we were living together for 3-4 year while I was in the UK till Oct-22.

What should I do under this circumstance?

2) employment/ source of income-
I am not currently employed by Canadian employer but UK employer working remotely. I should have no issue getting letter of employment from them. My crc income filling for last 3 years is 0 because I was still living in the UK. What should I do in this case?

3) I will still meet my 2 year residency obligation as I don’t intend travel to outside canada and have enough buffer. But it’s still close, can my partners application be rejected due to this?

Appreciate your advice,
Thanks

 

[Ponga]

I am British citizen. I obtained PR express entry in canada and landed on Nov-19. Since then I have spent couple of months in canada but only permanently moved to canada in Oct-22. I will have sufficient days to be able to meet minimum residency requirement and don’t intend to travel outside canada a lot.

I am still employed by my UK employer and they have agreed for me to work permanently from Canada while getting paid and taxed in the Uk. Canada and UK seem to have double taxation agreement.

I am planning to sponsor my common law partner from the UK. She will come here next month on eTA and we will apply through inland route coz it’s quicker along with open work permit.

1) The application asks - are you and your common law currently living together and show proof?

we are not currently living together because she is still in UK serving her notice period. But I have all the proof and evidence that we were living together for 3-4 year while I was in the UK till Oct-22.

What should I do under this circumstance?

2) employment/ source of income-
I am not currently employed by Canadian employer but UK employer working remotely. I should have no issue getting letter of employment from them. My crc income filling for last 3 years is 0 because I was still living in the UK. What should I do in this case?

3) I will still meet my 2 year residency obligation as I don’t intend travel to outside canada and have enough buffer. But it’s still close, can my partners application be rejected due to this?

Appreciate your advice,
Thanks

Not sure that I'd agree that the SCPLC (Inland) process is faster. You could submit an Outland application now if you wanted to.

1. Just show proof that you have cohabited at any time during your relationship for at least 365 days. Include a letter explaining your situation and that your relationship is still continuing.

2. Did you even need to file here whilst in the UK if no Canadian sourced income?
(wait for others to comment as I really do not know).

3. Yes. If it is determined that you have not met, or cannot possibly meet the Residency Obligation, you may not be eligible to sponsor. But...let's do some quick math:

You landed as a PR in Nov 2019 and remained for `a couple of months' before returning to the UK.

You moved to Canada last October (2022) and are still here.

2023 could be 12 full months

2024 could be 10.5 months (assuming your PR Card expires ~ middle of the month)

That would be more than enough days, IMO.

As of today, you would have ~5 months towards the 24 months that's needed to maintain PR status. Not knowing which day in October you entered Canada, the 5 months could be closer to 6. Since you have another ~21 months before your PR Card renewal is needed, that would seem to suffice. However, you will need to keep a very accurate travel log for the times that you do leave Canada (even trips across the border to the U.S.) and make sure that you meet the 730 days that are needed for renewal. Many people assume that they do NOT have to provide any and all absences from Canada when the fill out the renewal application, but...THEY DO! IRCC can access the exit//entry data from CBSA, but the PR needs to provide those dates when they complete the application and hope that whatever CBSA provides to IRCC matches up.

Also, keep in mind that if you leave Canada on a Friday morning and return anytime before 11:59, that still counts as a full day in Canada in terms of the R.O.

Leaving on a Friday morning and returning Saturday night before 11:59 PM, counts as 2 full days in Canada.

Leaving on a Friday morning and returning Sunday night before 11:59 PM, also counts as 2 full days in Canada.

You would still need to mention these trips, of course, but only the last example would mean 1 full day absence from Canada.

 

[Naturgrl]

So how long have you been common law because you say for the last 3-4 years? Have you even updated your status to common law? Assume you have.

 

[Anvil_isopod]

Not sure that I'd agree that the SCPLC (Inland) process is faster. You could submit an Outland application now if you wanted to.

1. Just show proof that you have cohabited at any time during your relationship for at least 365 days. Include a letter explaining your situation and that your relationship is still continuing.

2. Did you even need to file here whilst in the UK if no Canadian sourced income?
(wait for others to comment as I really do not know).

3. Yes. If it is determined that you have not met, or cannot possibly meet the Residency Obligation, you may not be eligible to sponsor. But...let's do some quick math:

You landed as a PR in Nov 2019 and remained for `a couple of months' before returning to the UK.

You moved to Canada last October (2022) and are still here.

2023 could be 12 full months

2024 could be 10.5 months (assuming your PR Card expires ~ middle of the month)

That would be more than enough days, IMO.

As of today, you would have ~5 months towards the 24 months that's needed to maintain PR status. Not knowing which day in October you entered Canada, the 5 months could be closer to 6. Since you have another ~21 months before your PR Card renewal is needed, that would seem to suffice. However, you will need to keep a very accurate travel log for the times that you do leave Canada (even trips across the border to the U.S.) and make sure that you meet the 730 days that are needed for renewal. Many people assume that they do NOT have to provide any and all absences from Canada when the fill out the renewal application, but...THEY DO! IRCC can access the exit//entry data from CBSA, but the PR needs to provide those dates when they complete the application and hope that whatever CBSA provides to IRCC matches up.

Also, keep in mind that if you leave Canada on a Friday morning and return anytime before 11:59, that still counts as a full day in Canada in terms of the R.O.

Leaving on a Friday morning and returning Saturday night before 11:59 PM, counts as 2 full days in Canada.

Leaving on a Friday morning and returning Sunday night before 11:59 PM, also counts as 2 full days in Canada.

You would still need to mention these trips, of course, but only the last example would mean 1 full day absence from Canada.

Thank you for such detailed reply.

1. we have tenancy agreements with both our names and bills as proof for at least 2 years. But I got confused because it asks proof that we are currently living together- which I don't have since Oct-22. I might include a letter explaining the entire situation.
2. I filed after coming here in Oct since now I intend to permanently reside in canada. Tbh, I am not sure if I needed to file, but I have filled 0 income for

2019/20/21 in canada anyway. I am hoping someone else can advise on this aspect how I can show proof of financial support while working for a UK based employer.


3) I am very clear on this. I have kept accurate log of my visits and will continue doing so. Do I need to submit this document with log just in case or better to only provide if asked?


Many thanks

 

[Anvil_isopod]

So how long have you been common law because you say for the last 3-4 years? Have you even updated your status to common law? Assume you have.

No I haven’t informed. We got into committed relationship as common law only after I had already received PR. And there is only option to inform IRCC of contact details change like address, mobile via the web form. I couldn’t find any other requirement to inform IRCC once PR has already been granted.

 

[scylla]

No I haven’t informed. We got into committed relationship as common law only after I had already received PR. And there is only option to inform IRCC of contact details change like address, mobile via the web form. I couldn’t find any other requirement to inform IRCC once PR has already been granted.

As long as you hadn't lived together for a full year before you landed and became a PR, you are fine.

 

[Ponga]

we are not currently living together because she is still in UK serving her notice period. But I have all the proof and evidence that we were living together for 3-4 year while I was in the UK till Oct-22.

THIS could be a very big problem for you. You would have misrepresented your status regarding your common-law partner if in fact you were living together between Nov 2018 and Nov 2019, when you landed. Although you were not common-law when you applied for your own PR, when you landed in Nov 2019, you would have needed to disclose the common-law relationship before you landed. This is why IRCC always asks if there have been any changes since a PR's application was received for processing. I suggest that you dig back through whatever you have and hope that you were NOT living together in Nov 2018, (or one full year before your landing date). If you were, don't let your partner lie about it in their application.

It doesn't mater where a couple cohabits for one year to be deemed common-law in the eyes of IRCC for federal immigration purposes.*

*https://www.willful.co/learn/common-law-canada

 

[canuck78]

I am British citizen. I obtained PR express entry in canada and landed on Nov-19. Since then I have spent couple of months in canada but only permanently moved to canada in Oct-22. I will have sufficient days to be able to meet minimum residency requirement and don’t intend to travel outside canada a lot.

I am still employed by my UK employer and they have agreed for me to work permanently from Canada while getting paid and taxed in the Uk. Canada and UK seem to have double taxation agreement.

I am planning to sponsor my common law partner from the UK. She will come here next month on eTA and we will apply through inland route coz it’s quicker along with open work permit.

1) The application asks - are you and your common law currently living together and show proof?

we are not currently living together because she is still in UK serving her notice period. But I have all the proof and evidence that we were living together for 3-4 year while I was in the UK till Oct-22.

What should I do under this circumstance?

2) employment/ source of income-
I am not currently employed by Canadian employer but UK employer working remotely. I should have no issue getting letter of employment from them. My crc income filling for last 3 years is 0 because I was still living in the UK. What should I do in this case?

3) I will still meet my 2 year residency obligation as I don’t intend travel to outside canada and have enough buffer. But it’s still close, can my partners application be rejected due to this?

Appreciate your advice,
Thanks

There could be concerns that you aren’t intending on settling in Canda if you continue to work from your UK employer remotely. Does your employer have offices in Canada? Did you apply to sponsor as soon as you came to Canada? Will your common law have a job with a Canadian employer or be working remotely as well?