Outland application questions

[DW86]

Hi,

I’m from the UK and my partner is from Canada. She is unfortunately having to return to Canada next month, and our plan is for me to join her, although obviously we don’t know when.

We have applied via the Family Class as common-law sponsors but my reading on this forum recently has thrown up some questions. I originally applied for an OWP but recently learned as an Outland applicant I wouldn’t be eligible for one anyway.

Our Outland application was delivered on 24/08/20 but obviously no AOR yet, or potentially for a while.

My questions are:

• If she is back in Canada and I’m still in the UK, will we still be able to go ahead with the application as common law partners? At the time of the application we’d lived together for over a year
• We’re engaged so if we did get married would we have to make a new application reflecting the new circumstances?
• Will I be allowed to visit her in Canada?! Or is there a chance I’d get refused as they may not believe I’m going to leave?

We’ve also discussed withdrawing the outland application and me going there and making an inland application for PR and OWP. But I have some questions about that too...

• Can I come on my ETA and make an application?
• How long will able to stay in Canada? I know that I wouldn’t be able to work until an OWP got approved but as long as we’re together I can live off of my savings!
• I don’t believe there is a right of appeal if an inland application doesn’t get approved. So would that be it, or would I be able to go back to the UK and make an Outland application?

Apologies for all the questions and thanks in advance!

 

[armoured]

• If she is back in Canada and I’m still in the UK, will we still be able to go ahead with the application as common law partners? At the time of the application we’d lived together for over a year
• We’re engaged so if we did get married would we have to make a new application reflecting the new circumstances?
• Will I be allowed to visit her in Canada?! Or is there a chance I’d get refused as they may not believe I’m going to leave?

-Yes, she should just update her address.
-No need to do a new application, simply advise that you have married. Ideally with marriage certificate.
-Yes, you can visit. Yes, there is a chance you'd get refused if they decide you will violate terms of your entry - which does not mean that you don't leave, but that you won't leave if required to. Chances of this probably low unless you show up with all of your belongings. As below, you can also apply to extend your stay if you wish.

• Can I come on my ETA and make an application?
• How long will able to stay in Canada? I know that I wouldn’t be able to work until an OWP got approved but as long as we’re together I can live off of my savings!
• I don’t believe there is a right of appeal if an inland application doesn’t get approved. So would that be it, or would I be able to go back to the UK and make an Outland application?

-Yes.
-When you enter, you will likely be issued a six month allowed stay. After that you can apply to extend. Could be refused but unlikely unless there's some clear problem.
-You can re-apply in future, does not harm your future applications (except that may get extra scrutiny depending on the reason for the non-approval). May even be possible to apply inland in future, again depending on the refusal (e.g. a refusal because you didn't meet the technical requirements of common law or a documentation error may not have any impact esp if you get married in the interim); but no guarantees in this respect of course.

 

[DW86]

That is incredibly helpful, thank you very much!

 

[armoured]

I neglected to mention most critical in covid time: to visit her in Canada, you will need to demonstrate that she is your common law or married spouse.

Demonstrating common law to the airport check-in may be very challenging, be sure to check in advance what is needed. Honestly if you are planning to get married in future, you may wish to proceed right away with a civil ceremony. A marriage certificate removes the burden of evaluating the proof on the airline staff.

This is a really critical step, in that if you cannot demonstrate common law, you may just not be able to get to Canada - and I don't know the UK rules, but if she's not allowed back in UK, you could both end up stuck until travel restrictions lifted or changed.

[add: or of course until PR approved and the confirmation of permanent residence received]

 

[DW86]

Yeah that’s understandable! Again, thank you very much for the advice

 

[DW86]

One more question...

Since the last post I’ve found out that it’s very likely I’ll be out of work by Christmas.

Could I leave my current Outland application in and still visit Canada for the 6 months mentioned above? Will my being in Canada change the status of the application? I know I’ll have no work eligibility but I have savings that would last me more than 6 months anyway

Thanks

 

[armoured]

One more question...

Since the last post I’ve found out that it’s very likely I’ll be out of work by Christmas.

Could I leave my current Outland application in and still visit Canada for the 6 months mentioned above? Will my being in Canada change the status of the application? I know I’ll have no work eligibility but I have savings that would last me more than 6 months anyway

Thanks

Sorry to hear that.

Yes, you can leave your application in process and visit. Being in Canada should not affect your application. Note that the six months is what is typically given at the border for the period you can remain, you can apply to extend that to remain longer (and usually not difficult to obtain).

You should update your address to as being in Canada. Right now they seem to often be issuing the relevant PR docs directly in Canada to those already in country, so it's possible you wouldn't have to leave the country and return (with all the hassles that entails).

Note health insurance a different matter and you'd likely have to buy private.

 

[DW86]

Hi,

I have now been made redundant from my job in the UK. My outland application for PR (as above) had not yet been opened, but I would like to join my partner in Canada and apply for an OWP when I get there.

My question is can I apply for an OWP if I’m in Canada even if I’ve got an outland application for PR? Or would I need to withdraw and then do an inland application for OWP and PR when I arrive?

Thanks in advance!

 

[armoured]

My question is can I apply for an OWP if I’m in Canada even if I’ve got an outland application for PR? Or would I need to withdraw and then do an inland application for OWP and PR when I arrive?

You'd need to withdraw and apply inland (with the OWP).

Note that usually the guidance is that the OWP app takes four months minimum, and of course longer now in covid times (and unknown how long). You can check inland threads to perhaps get a sense.

So the trade-off is that withdrawing and resubmitting may not save you any time - depending on how long and at what stage your file is. Or it may save you time. Very unclear, unfortunately.

 

[DW86]

You'd need to withdraw and apply inland (with the OWP).

Note that usually the guidance is that the OWP app takes four months minimum, and of course longer now in covid times (and unknown how long). You can check inland threads to perhaps get a sense.

So the trade-off is that withdrawing and resubmitting may not save you any time - depending on how long and at what stage your file is. Or it may save you time. Very unclear, unfortunately.

Thanks a lot for the reply. What you confirmed is what I had thought. Lots to think about...

One question that I have... I changed my address and that of my partner via web form. Should I have had some correspondence back to confirm receipt of the new info?

 

[Usa2canada<3]

Thanks a lot for the reply. What you confirmed is what I had thought. Lots to think about...

One question that I have... I changed my address and that of my partner via web form. Should I have had some correspondence back to confirm receipt of the new info?

It will take anywhere from a week to 2 weeks for them to reply to your webform.. In my personal opinion its not worth it restarting your wait time.. Inland applications are going so slow and scattered that its just crazy..

 

[DW86]

It will take anywhere from a week to 2 weeks for them to reply to your webform.. In my personal opinion its not worth it restarting your wait time.. Inland applications are going so slow and scattered that its just crazy..

Ah right, I haven’t received anything and it was more than 2 weeks, so I’ll send it in again.

Thanks for your opinion too! I think we’re going to leave the Outland application in and hope for the best!

 

[armoured]

Thanks a lot for the reply. What you confirmed is what I had thought. Lots to think about...

One question that I have... I changed my address and that of my partner via web form. Should I have had some correspondence back to confirm receipt of the new info?

Since you submitted in September, I presume you haven't received any confirmation or the next steps in the processing, etc?

If not, it will take them longer to identify and make any correction, since they may only have minimal info in the system so far.

As long as you can / will still get email, you should be okay.

There is the outside chance your file could be sent back - physically - which would go to whichever address they had on file, i.e. liekly the one in the application. In due course you may want to go through the process of calling and trying to get a temporary file number. Perhaps only worth it when others in september group have started getting confirmations/ AOR.