A few questions

[ThadJarvis]

Hi all,

I would like some advice on my plan of action.

Current situation - IEC permit, expiring mid-way through next year. >12 months Canadian experience. Have a good job. No degree or LMIA. Lawyer thinks LMIA will be very difficult to get in my field (HR, management). I have a Canadian Common-law partner.

Originally we had planned to apply under CEC but Express Entry changed that. I currently have a profile created in Express Entry, but at only 336 points this doesn't look likely (although, who knows.)

Therefore, spousal sponsorship (common-law) is my plan in the likely case that my points are not sufficient.

My plan - Lodge an inside common-law application with an Open Work Permit application in September.

Issues and questions:
- I will have been in Canada 3 years by May 2016. What kind of extension can I get in terms of time? I heard you can only work in Canada for 4 years at a time. 4 years WORKING would be October 2017.
- My common-law partner is a student. Is this an issue? I have a good job and funds to support myself.
- Do you think inside application makes sense in this instance given the timelines? (26 months inside, around 10 months outside but no work permit extension)
- Is there anything to be mindful of when filling in the application? I.e something that comes up all the time for you guys?
- Is there a sample package with dummy information? This would help fill out the paperwork correctly.
- How recent do criminal record checks need to be (I have already ordered these several times for other applications)?
- I indicated that I was single in my Express Entry due to the fact we generally indicate single for our status when it comes to tax etc., despite having been together for almost 4 years (2 within Canada.) Will they cross-check these applications? If so should I make any changes here?
- Is there any other plan of attack I haven't considered?
- Any major roadblocks or is this a sound plan?

thanks in advance.

 

[Majromax]

- Do you think inside application makes sense in this instance given the timelines? (26 months inside, around 10 months outside but no work permit extension)

An inland application seems to be a reasonable course of action given your particular circumstances, and need to maintain your working status. However, the quick OWP is a one-year pilot project and renewal is not yet certain (possibly depending on who wins in October), so a September application is not guaranteed to give you the OWP before the end of the year. (September + 4 months = sometime in January); you may wish to accelerate your application.

- How recent do criminal record checks need to be (I have already ordered these several times for other applications)?

The current guideline appears to be "six months or since you last lived in the country", but this information is not wholly consistent with the information in the sponsorship guides (which says 3 months). Prior to April, the linked page also said 3 months.

- I indicated that I was single in my Express Entry due to the fact we generally indicate single for our status when it comes to tax etc., despite having been together for almost 4 years (2 within Canada.) Will they cross-check these applications? If so should I make any changes here?

You do realize that this is misrepresentation to both CIC and Revenue Canada, yes?

 

[ThadJarvis]

An inland application seems to be a reasonable course of action given your particular circumstances, and need to maintain your working status. However, the quick OWP is a one-year pilot project and renewal is not yet certain (possibly depending on who wins in October), so a September application is not guaranteed to give you the OWP before the end of the year. (September + 4 months = sometime in January); you may wish to accelerate your application.

Permit expires May.

The current appears to be "six months or since you last lived in the country", but this information is not wholly consistent with the information in the sponsorship guides (which says 3 months). Prior to April, the linked page also said 3 months.

So 3 months to be safe. Got it, thanks.

You do realize that this is misrepresentation to both CIC and Revenue Canada, yes?

We had never really formalized our common law status. Perhaps we should have taken earlier action. Regardless, I am looking for advice on the best action moving forward. This was not done to reduce a tax liability or gain any advantage. In fact, I probably would have paid less tax had we done our taxes together.

 

[scylla]

You should contact CRA and change your status to common law. It's not great news that you didn't file as common law earlier and there's some chance CIC may question this. But there's not much you can do about that now. (FYI: Expect to pay more in taxes once you start filing as a common law couple.) You should also change your Express Entry profile asap since saying you are single is misrepresentation. Having said that - I don't think there's any chance your EE profile is actually going to be selected with that low a score.

Answers to a few of your other questions:
- The fact your sponsor is a student is not an issue. You can go ahead and apply.
- There is no dummy / sample application package available. The most you can do is read through the CIC requirements in detail and through some of the posts here for advice on what to include.

 

[Aquakitty]

It's not great news that you didn't file as common law earlier and there's some chance CIC may question this.

The express entry thing I might be concerned about, but I wouldn't worry too much about the single tax thing. I did not file as married as my spouse was a visitor at the time, your situation is reversed but I really don't think they check too much of the tax info, my spouse never even filed. Regardless if this is the proper course of action, CIC didn't question it in my case.

- Is there anything to be mindful of when filling in the application? I.e something that comes up all the time for you guys?

Make sure you have the most up-to-date forms before you send them off. Forms get changed all the time and lots of people get their entire app sent back over one form being out of date.

Is there a sample package with dummy information? This would help fill out the paperwork correctly.

Not that I've seen, but there is some great information here. You can start with this thread: http://www.canadavisa.com/canada-immigration-discussion-board/how-i-organized-our-applcation-and-a-summary-of-all-helpful-tips-i-have-learned-t92449.0.html

though I have to say that guy's application is on the epic side. Ours was pretty big but not that extreme! But hey whatever gets you COPR!

Also, being a student shouldn't be a problem. There is no income requirement but she/he may have to demonstrate how you two will support yourselves. Given you already have a good job and have lived here for years I don't see a problem at all.

 

[canuck_in_uk]

From your previous posts, you are Australian. I strongly advise you to consider an outland application. Sydney is a very fast office, averaging around 6 months. You would most likely be a PR before your current work permit even expires.

 

[ThadJarvis]

From your previous posts, you are Australian. I strongly advise you to consider an outland application. Sydney is a very fast office, averaging around 6 months. You would most likely be a PR before your current work permit even expires.

Thanks canuck_in_uk.

I looked at the processing times and the average listed is 10 months. While probably OK, this could put me at risk. If there was any hold up I would then be at risk of having to leave and potentially losing my employment, and I wouldn't have an OWP extension to fall back on.

If it is closer to 6 months, it may be more viable.

Is there any other difference in applying outside vs inside?

I like the idea of being able to travel while my application is in progress but my priority is being able to remain in Canada in my relationship and continuing to work.

 

[canuck_in_uk]

I looked at the processing times and the average listed is 10 months. While probably OK, this could put me at risk. If there was any hold up I would then be at risk of having to leave and potentially losing my employment, and I wouldn't have an OWP extension to fall back on.

If it is closer to 6 months, it may be more viable.

Is there any other difference in applying outside vs inside?

As stated at the top of the processing times page, the posted times are how long it took to process 80% of applications, meaning that 79% of apps are processed faster than that. Those times are not averages.

Sydney's average is about 6 months.

The forms are a little bit different but not much.

 

[ThadJarvis]

Sydney's average is about 6 months.

Great to know. Thanks.

So best course of action would be to apply ASAP to SYD.

What about the likelihood of having to fly to Sydney for interviews etc.? Is there anything else I need to know in order to weigh up this decision?

I'm glad you made me aware of this as this seems like the most prudent option. The 2 year+ it would take inside Canada would be agonizing!

 

[lvl_stella]

Hi all,

I am late in applying through Spousal sponsorship for January 1st; i.e. I won't be able to send my application by then.
I have a work permit until Sept 2017, and I am in a common law relationship. I would be thankful if you tell me:

1- what happens if I send the application later in January? Will it be sent back to me to apply for 2017?
2- in the past year that we have been together, there was a 2-months gap when I visited my family in another country. Is the time condition of "continuously one year" for common law affected? if yes, would marriage make it okay?
3- for police background check, it says "submitted electronnically", and that I need to send the CRC application form with my application. So should I send the paper application AND submit the finger prints electronically?

Thanks a lot !

 

[canuck_in_uk]

Hi

From your previous posts, you are seriously confused. There is no cap on spousal sponsorship applications, nor is there a deadline. That is for parent/grandparent sponsorship. Spousal apps are accepted all year.

1. As above.

2. Yes, a 2 month gap breaks the one year cohabitation requirement. If you apply as common-law now, you would most likely be refused. If you get married, the break won't matter.

3. What police check are you referring to?

 

[lvl_stella]

Thank you for your reply. I am referring to the criminal record check required for the principal applicant (me).

 

[canuck_in_uk]

Thank you for your reply. I am referring to the criminal record check required for the principal applicant (me).

Yes, I got that. Which country?

 

[lvl_stella]

the one for Canada. I am applying inland, so I need one from Canada too.

 

[Rob_TO]

We had never really formalized our common law status. Perhaps we should have taken earlier action. Regardless, I am looking for advice on the best action moving forward. This was not done to reduce a tax liability or gain any advantage. In fact, I probably would have paid less tax had we done our taxes together.

Note that outside CIC issues, you have actually committed tax fraud with the CRA. There is no "formal" process you go through, once you reach 12 months of cohabitation you are lawfully common-law in the eyes of CRA, and it's mandatory to then inform them of the change in marital status and file taxes accordingly.

You should pro-actively go back and do re-assessments of all previous tax years. If CRA discovers your misrepresentation and does it themselves, there could then be fines/penalties involved.