Applying for Common Law whilst on Implied Status

[ColorMePanda]

My partner and I are going to apply from within Canada. Even though I know the timeline in the states is not long, my partner and I just came to a decision that this is the route we would rather go. We like being together more than worrying about a timeline plus I am fairly confident that even if our case was sent to the local CIC office. I doubt ours would take that long considering we live in Newfoundland and we live 15 minutes from the capital. Plus Newfoundland people are super nice so I think I am set for an interview. Lol. And I haven't saw many people at all apply from Newfoundland so I doubt they will be that backlogged. Even if it takes a while, I am fine with it because I know that in the end, most of us will come out with the same result. If it doesn't work out the inland process then we always have the outland to fall back on either way, if you have a good case and put together a strong application then you will still become a PR. I think it takes a lot not to be approved for it. Timelines always vary because everyones life and history is different but I say go with what your heart tells you. It won't stir you wrong.

Oh and we will be applying Common-Law as well. Either way I wish you the best of luck and ease with your application. I am sure you will do well.

 

[amsyul]

Hi Suin and Amsyul,

My partner and I have been together for 3 years but have only been living together for the past 11.5 months. It will be 12 months of living together when my visa runs out. Looking at the times on trackitt I'm swaying to the idea of applying outside of Canada. I have already sent off my application for a Visitors visa extension, so should I stay a week after my visa expires making it a week over 365 days living with my partner, then fly back home to the UK on my own and apply for Common-Law there?

Thank you so much for your help!

It's easier to just apply outland from within Canada, after you pass the 12 month mark of course. You do your medical in Canada, apply for the UK police certificate (and perhaps others) by post, collect evidence (that together will probably take at least a month), note "London" as the post on the forms, and then you and your partner send the whole application to Mississauga. You *only* need to be physically in the UK *if* you are called for an interview. inland vs. outland is about where the application is processed; for inland you need to be in Canada but for outland you can be anywhere (as long as it is legal) including Canada.

 

[Suin]

Yes! That was a nice collection of police certificates. I've also lived in Germany but that was 3 months only.

Thank you for your reply, if you don't mind, I've got one more question to you - have you obtained police certificates from those counties in advance, or they do the background check separately? Were you asked a police certificate from Germany too?

 

[Suin]

Hi Suin and Amsyul,

My partner and I have been together for 3 years but have only been living together for the past 11.5 months. It will be 12 months of living together when my visa runs out. Looking at the times on trackitt I'm swaying to the idea of applying outside of Canada. I have already sent off my application for a Visitors visa extension, so should I stay a week after my visa expires making it a week over 365 days living with my partner, then fly back home to the UK on my own and apply for Common-Law there?

Thank you so much for your help!

will you hit 12 months being on Implied Status? if yes, what's the problem to wait for a while waiting for their decision? Being on Implied Status gives you a valuable time to get the required period of time for filing the application. Just stay together, wait for their decision and at the same time collect all the proof and paperwork for your application. If they deny, you'll go home already prepared for filing your paperwork, if they grand you extension you apply outland or inland staying in Canada.

 

[Suin]

My partner and I are going to apply from within Canada. Even though I know the timeline in the states is not long, my partner and I just came to a decision that this is the route we would rather go. We like being together more than worrying about a timeline plus I am fairly confident that even if our case was sent to the local CIC office. I doubt ours would take that long considering we live in Newfoundland and we live 15 minutes from the capital. Plus Newfoundland people are super nice so I think I am set for an interview. Lol. And I haven't saw many people at all apply from Newfoundland so I doubt they will be that backlogged. Even if it takes a while, I am fine with it because I know that in the end, most of us will come out with the same result. If it doesn't work out the inland process then we always have the outland to fall back on either way, if you have a good case and put together a strong application then you will still become a PR. I think it takes a lot not to be approved for it. Timelines always vary because everyones life and history is different but I say go with what your heart tells you. It won't stir you wrong.

Oh and we will be applying Common-Law as well. Either way I wish you the best of luck and ease with your application. I am sure you will do well.

that's a really good decision! have a good luck with your application!

 

[amsyul]

Yes! That was a nice collection of police certificates. I've also lived in Germany but that was 3 months only.

Thank you for your reply, if you don't mind, I've got one more question to you - have you obtained police certificates from those counties in advance, or they do the background check separately? Were you asked a police certificate from Germany too?

I got police certificates for all countries where I've lived for 6 months or longer in advance and sent them to Mississauga, as per instructions, so not for Germany. Also not for Canada. Altogether there were 5: USA FBI, USA State, NZ, UK, and NL.

So far Berlin has not asked me anything. Perhaps they'll ask for a Canadian RCMP check later but I don't know.

 

[compactsnap]

Hi Suin and Amsyul,

My partner and I have been together for 3 years but have only been living together for the past 11.5 months. It will be 12 months of living together when my visa runs out. Looking at the times on trackitt I'm swaying to the idea of applying outside of Canada. I have already sent off my application for a Visitors visa extension, so should I stay a week after my visa expires making it a week over 365 days living with my partner, then fly back home to the UK on my own and apply for Common-Law there?

Thank you so much for your help!

will you hit 12 months being on Implied Status? if yes, what's the problem to wait for a while waiting for their decision? Being on Implied Status gives you a valuable time to get the required period of time for filing the application. Just stay together, wait for their decision and at the same time collect all the proof and paperwork for your application. If they deny, you'll go home already prepared for filing your paperwork, if they grand you extension you apply outland or inland staying in Canada.

My current Working Holiday Visa runs out on the 10th of November 2009 which would be 365 days of living together as I came over to Canada on the 11th of November 2008. I've applied for a Visitors Visa extension as you can't extend my holiday working visa (it's a BUNAC). This means I will not be able to work after the 10th of November. I would be on implied status as a visitor but I need to be here for a few more days to make it over the 12 months of living together and being eligible for Common-law.

I would like to get back into Canadian work as quickly as possible, so rather than waiting around for a Visitors Visa that could be denied, could I go back to the UK a week after my current visa expires (i would be on implied status for that week) taking me over 365 days, disregard the Visitors visa application, go home with most of the paperwork for Common law done and apply straight away in London?

 

[Suin]

I don't know if it can work if you'll abandon visitor's visa extension together with implied status. we need a real expert's advice on it to avoid you staying illegal in Canada.

 

[compactsnap]

Thank you Suin again for all your help.

What would you suggest I do? If I left on the day my Visa expires I would only have been living with my partner in Canada for exactly 365 days which presumably is not enough to apply for Common-Law?

Also if I wait for my Visitors visa application to go through and it is rejected, would the time after my current visa expires up to the date i have to leave Canada count towards living together (i.e. adding onto the 365 days of living together during my working holiday visa)?