Common Law Outland Application Question (Canadian Sponsor - Australian Applicant)

[alebcan_]

Hi all,

I have a few questions regarding the common law sponsorship application - I'm sorry if this is long-winded but I want to explain our situation!

My partner has been living and working in Canada on a working holiday visa since February 2016, and his visa is obviously now coming to an end within a month. We met in May 2016, and in October 2016 we had "the talk" about our future as a couple and had sort of decided that we weren't going to go through the common-law sponsorship process because our relationship was fairly new and it seemed like a big step at the time. Fast forward a few months, and we moved in together in February 2017 - but still not for sponsorship purposes, we did it because it made sense since we spent so much time together that we were basically living together anyways and at this point had decided our relationship was more serious than we intended it to be. Over the course of the year, we have traveled together, met each other's friends and families, have a joint bank account, etc.

We went to go speak to an immigration lawyer in October 2017 to get some input as to whether or not we have a case for common law sponsorship (at this point we weren't considered common law, but knew we would legally be common law as of February). She told us we didn't have a strong case, and I listened to her and we decided not to apply for spousal sponsorship and instead move to Australia. I have a full-time management job here and my partner has a job that he loves, too - so we are not super keen on having to leave as we love it here. Out of curiosity I looked at the spousal sponsorship application forms a couple of weeks ago, and in my opinion we have a perfectly strong case for sponsorship.

Our forms are filled out and we have all of the documentation that is specified on the forms, and we plan to apply outland.

So my questions are:

1. Has anyone applied at the "last minute" (having just been legally recognized as common-law with a current work visa expiring soon) and what was your experience with your application?

2. We have been living together for a year, and we have other documentation (joint account, he's an authorized user on my CC, his cell phone bill has been under my name and CC for a year, our friends and family are writing letters, we are filing our taxes together this year, etc.) but some of the "documentation" was avoided because we felt it was rushed (ie. joint bank account) so we have had it for just under a year - will this affect our application?

3. When applying without representation, what are common things that are missed that could hinder an application? I'm hesitant to use a lawyer now because I felt incredibly mislead and the fees are crazy high.

4. If you have any other tips on Australia - Canada spousal sponsorship application I would greatly appreciate them!

 

[kcward7]

Hi all,

I have a few questions regarding the common law sponsorship application - I'm sorry if this is long-winded but I want to explain our situation!

My partner has been living and working in Canada on a working holiday visa since February 2016, and his visa is obviously now coming to an end within a month. We met in May 2016, and in October 2016 we had "the talk" about our future as a couple and had sort of decided that we weren't going to go through the common-law sponsorship process because our relationship was fairly new and it seemed like a big step at the time. Fast forward a few months, and we moved in together in February 2017 - but still not for sponsorship purposes, we did it because it made sense since we spent so much time together that we were basically living together anyways and at this point had decided our relationship was more serious than we intended it to be. Over the course of the year, we have traveled together, met each other's friends and families, have a joint bank account, etc.

We went to go speak to an immigration lawyer in October 2017 to get some input as to whether or not we have a case for common law sponsorship (at this point we weren't considered common law, but knew we would legally be common law as of February). She told us we didn't have a strong case, and I listened to her and we decided not to apply for spousal sponsorship and instead move to Australia. I have a full-time management job here and my partner has a job that he loves, too - so we are not super keen on having to leave as we love it here. Out of curiosity I looked at the spousal sponsorship application forms a couple of weeks ago, and in my opinion we have a perfectly strong case for sponsorship.

Our forms are filled out and we have all of the documentation that is specified on the forms, and we plan to apply outland.

So my questions are:

1. Has anyone applied at the "last minute" (having just been legally recognized as common-law with a current work visa expiring soon) and what was your experience with your application?

2. We have been living together for a year, and we have other documentation (joint account, he's an authorized user on my CC, his cell phone bill has been under my name and CC for a year, our friends and family are writing letters, we are filing our taxes together this year, etc.) but some of the "documentation" was avoided because we felt it was rushed (ie. joint bank account) so we have had it for just under a year - will this affect our application?

3. When applying without representation, what are common things that are missed that could hinder an application? I'm hesitant to use a lawyer now because I felt incredibly mislead and the fees are crazy high.

4. If you have any other tips on Australia - Canada spousal sponsorship application I would greatly appreciate them!

1. People apply all the time as soon as they meet CL requirements or right after getting married
2. As long as you have documentation that shows you lived together for 365 days continuously with no significant breaks, this is fine. Some of the documentation has to establish when you began living CL, but it's ok if you didn't open a joint bank until a little later. Still important to provide that evidence, though.
3. Coming from someone who had a lawyer, you don't need one, assuming it's a straightforward application (sounds like it is). Lawyers often make errors that hinder the process more than if you had one. Common things that can slow you down are not submitting the most up to date forms, missing signatures, etc. Read the basic guide.

 

[kcward7]

Basic Guide: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-basic-guide-sponsor-your-spouse-partner-child.html

 

[Rob_TO]

1. Has anyone applied at the "last minute" (having just been legally recognized as common-law with a current work visa expiring soon) and what was your experience with your application?

It's perfectly fine. Once you reach 365 days of cohabitation, you can send in your app shortly after.

2. We have been living together for a year, and we have other documentation (joint account, he's an authorized user on my CC, his cell phone bill has been under my name and CC for a year, our friends and family are writing letters, we are filing our taxes together this year, etc.) but some of the "documentation" was avoided because we felt it was rushed (ie. joint bank account) so we have had it for just under a year - will this affect our application?

Definitely include any "joint" items, no matter what date they happened. Lots of them won't even show the dates of when you made it a joint account, they will simply show you share the account and have both your names on it.

For CRA taxes, note that you need to change your status with them as of Feb 2018. However when you do your taxes soon (for 2017 tax year) you are both SINGLE for tax purposes since as of Dec 31, 2017 you were not yet common-law. So for proof you can show the CRA status changed effective in February 2018.

Also if either of you have work insurance benefits, you can add each other as common-law partners.

Also look at getting basic life insurance policies on each other.

3. When applying without representation, what are common things that are missed that could hinder an application? I'm hesitant to use a lawyer now because I felt incredibly mislead and the fees are crazy high.

Zero need for a lawyer. And the person you did talk to, gave you bad advice (you had a perfectly valid common-law case).

Just ask questions to this forum and save a lot of money.

If you apply inland, he'll get an OWP after 3-4 months and can continue working/living in Canada with you.

 

[alebcan_]

It's perfectly fine. Once you reach 365 days of cohabitation, you can send in your app shortly after.



Definitely include any "joint" items, no matter what date they happened. Lots of them won't even show the dates of when you made it a joint account, they will simply show you share the account and have both your names on it.

For CRA taxes, note that you need to change your status with them as of Feb 2018. However when you do your taxes soon (for 2017 tax year) you are both SINGLE for tax purposes since as of Dec 31, 2017 you were not yet common-law. So for proof you can show the CRA status changed effective in February 2018.

Also if either of you have work insurance benefits, you can add each other as common-law partners.

Also look at getting basic life insurance policies on each other.



Zero need for a lawyer. And the person you did talk to, gave you bad advice (you had a perfectly valid common-law case).

Just ask questions to this forum and save a lot of money.

If you apply inland, he'll get an OWP after 3-4 months and can continue working/living in Canada with you.

Thank you! I was told by the lawyer/have had friends who have gone through the same process (successfully) that if we have submitted our application then he can apply for an extension on his visa and an OWP applying outland too, maybe this isn't the case?

 

[kcward7]

The OWP is only an option for the inland application and you must both be living inside Canada to apply inland.

 

[Rob_TO]

Thank you! I was told by the lawyer/have had friends who have gone through the same process (successfully) that if we have submitted our application then he can apply for an extension on his visa and an OWP applying outland too, maybe this isn't the case?

Definitely not the case.

INLAND
As long as he applied for PR along with OWP while his current status was still in force (so before WHV expired), he would stay on implied status and get OWP in 3-4 months. Could stay in Canada for duration of PR processing.
If you aren't ready to submit the app before his WHV expires, then you'd need to apply for extension of visitor status to bridge the time until you applied. Being in legal status at time you submit the app is essential to get the OWP.

OUTLAND
No status given with PR app. No OWP allowed.
He would need to apply separately for extension of visitor status, and repeat as needed each time status was about to run out. He could not work in Canada while waiting for PR, unless he got a work visa through some completely separate means (like employer LMIA closed permit, another WHV, etc).

 

[canuck_in_uk]

Hi all,

I have a few questions regarding the common law sponsorship application - I'm sorry if this is long-winded but I want to explain our situation!

My partner has been living and working in Canada on a working holiday visa since February 2016, and his visa is obviously now coming to an end within a month. We met in May 2016, and in October 2016 we had "the talk" about our future as a couple and had sort of decided that we weren't going to go through the common-law sponsorship process because our relationship was fairly new and it seemed like a big step at the time. Fast forward a few months, and we moved in together in February 2017 - but still not for sponsorship purposes, we did it because it made sense since we spent so much time together that we were basically living together anyways and at this point had decided our relationship was more serious than we intended it to be. Over the course of the year, we have traveled together, met each other's friends and families, have a joint bank account, etc.

We went to go speak to an immigration lawyer in October 2017 to get some input as to whether or not we have a case for common law sponsorship (at this point we weren't considered common law, but knew we would legally be common law as of February). She told us we didn't have a strong case, and I listened to her and we decided not to apply for spousal sponsorship and instead move to Australia. I have a full-time management job here and my partner has a job that he loves, too - so we are not super keen on having to leave as we love it here. Out of curiosity I looked at the spousal sponsorship application forms a couple of weeks ago, and in my opinion we have a perfectly strong case for sponsorship.

Our forms are filled out and we have all of the documentation that is specified on the forms, and we plan to apply outland.

So my questions are:

1. Has anyone applied at the "last minute" (having just been legally recognized as common-law with a current work visa expiring soon) and what was your experience with your application?

2. We have been living together for a year, and we have other documentation (joint account, he's an authorized user on my CC, his cell phone bill has been under my name and CC for a year, our friends and family are writing letters, we are filing our taxes together this year, etc.) but some of the "documentation" was avoided because we felt it was rushed (ie. joint bank account) so we have had it for just under a year - will this affect our application?

3. When applying without representation, what are common things that are missed that could hinder an application? I'm hesitant to use a lawyer now because I felt incredibly mislead and the fees are crazy high.

4. If you have any other tips on Australia - Canada spousal sponsorship application I would greatly appreciate them!

Note that if you apply before his IEC permit expires, your partner can remain in Canada on Implied Status but cannot work after expiry until he receives his OWP.

 

[alebcan_]

Note that if you apply before his IEC permit expires, your partner can remain in Canada on Implied Status but cannot work after expiry until he receives his OWP.

That's the information I've been given, as well. Is this only for inland?

 

[canuck_in_uk]

That's the information I've been given, as well. Is this only for inland?

This is for anyone on an IEC permit applying for any kind of work permit.

 

[alebcan_]

This is for anyone on an IEC permit applying for any kind of work permit.

Ok, thank you! Just so I'm clear, we can apply outland for PR (before expiry of current work permit) and apply to extend his current work permit and if he is granted another permit he is able to work while we wait on a decision?

 

[canuck_in_uk]

Ok, thank you! Just so I'm clear, we can apply outland for PR (before expiry of current work permit) and apply to extend his current work permit and if he is granted another permit he is able to work while we wait on a decision?

Applying outland doesn't allow a person to apply for an OWP. As he doesn't qualify for another IEC, to qualify for another work permit, he would need a job offer from an employer with a positive LMIA. The LMIA process has very strict requirements, takes months to process and has a $1000 non-refundable fee.

Basically, no matter what option you choose, he is going to have to stop working for at least several months.

 

[lfindlay]

What if we've applied Outland... Can my partner "transfer" his work permit to a visitor permit should our application not be processed by the time his IEC expires? This way he can stay (and not work).

 

[canuck_in_uk]

What if we've applied Outland... Can my partner "transfer" his work permit to a visitor permit should our application not be processed by the time his IEC expires? This way he can stay (and not work).

Yes, he can apply to change his status to visitor prior to his IEC permit expiring.