Applying for Common Law whilst on Implied Status

[compactsnap]

Hi!

I'm currently on a 1 year working holiday visa and have applied to extend my stay as a visitor so then I can apply for Common-Law with my partner. I applied for a visitors extension so I will then be living with my partner for over the 365 days required for a Common-Law application.

I understand that when my current visa expires and I haven't heard back from my Visitors visa application I am on Implied status. Can I apply for Common-Law whilst during that Implied Status?

Thank you to anyone who can respond!

 

[rjessome]

Yes, as long as you meet the eligibility requirements. Living together for 12 consecutive months.

 

[compactsnap]

Thank you very much for your reply!

Do you know the current processing times for a Common-Law application at the moment and how long it would take before it reached the Approved In Principle stage? And when it reaches that stage am I then allowed to apply for a work permit again?

Thanks.

 

[Suin]

being on Implied Status, you are legal until you receive response back about your visa

 

[Suin]

Thank you very much for your reply!

Do you know the current processing times for a Common-Law application at the moment and how long it would take before it reached the Approved In Principle stage? And when it reaches that stage am I then allowed to apply for a work permit again?

Thanks.

as I understand you are applying in-land. check this link for dates
http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res

 

[compactsnap]

Thank you Suin!

I don't see why my Visitor visa application would not be accepted, but if it was declined would I still be allowed to stay in the country because I have sent off my application for Common-Law which would still be processing?

Thanks again!

 

[rjessome]

Thank you Suin!

I don't see why my Visitor visa application would not be accepted, but if it was declined would I still be allowed to stay in the country because I have sent off my application for Common-Law which would still be processing?

Thanks again!

No, the common-law application does not give you status. If you are refused an extension, you must leave Canada.

 

[compactsnap]

Thank you rjessome.

I applied for a Visitors Visa stating that I wanted to stay out longer to take me over the 365 days of a cohabiting relationship thus making me eligible for applying for Common-Law. Is that a valid reason?

Also if they were to decline the visitors visa application would the Common-Law application still be processed even though I would have to leave the country?

Thank you for all your help!

 

[amsyul]

Did you think about applying outland? In that case it does not matter if you need to leave the country.

 

[compactsnap]

I'm thinking about applying outland but I'd rather stay here with my partner, and I've heard on other forums that the London UK office can take a long time to process Common-law applications. Did you apply from outside the country?

 

[Suin]

Thank you rjessome.

I applied for a Visitors Visa stating that I wanted to stay out longer to take me over the 365 days of a cohabiting relationship thus making me eligible for applying for Common-Law. Is that a valid reason?

Also if they were to decline the visitors visa application would the Common-Law application still be processed even though I would have to leave the country?

Thank you for all your help!

yes, it's a good reason, also you can add that you would like to work on your relationship developing.

would you like to apply for Common-Law before filing for visa extension?

to avoid a possible denial, you can consider taking a short vacation with your partner into your country and return back to Canada. This way the time spent with your partner will not be interrupted and on returning back to Canada you will get 6 more moths of stay that will help your Common-Law status.

 

[amsyul]

As far as I know reaching common-law is independent of your status -- you need to have been cohabitating for at least a year, it doesn't matter where or how, as long as you have proof.

London can be very fast for common-law, see for instance whoopi83 on this forum who had PPR after 2.5 months.

Have a look at trackitt.com for some timelines. It seems UK citizens often get through London quite quickly, but the time it takes depends a lot on which countries you've stayed in for over 6 months and your evidence of course. Also very few get interviewed.

I thought about inland too, particularly since I'm a Dutch citizen and the office for me (Berlin) has very long timelines in general, but it seems most straightforward cases also get through there within 6 months or even much less (see oneluckycookie). But the inland warning of not leaving the country doesn't work very well for me. My case is not super-straightforward since I have lived in 5 different countries but they are all Western countries (NL, UK, NZ, USA, CA) so I hope the background check won't take long.

We (common-law couple) applied from within Canada on September 1 after 17 months of cohabitation (though the first 3 without my name on the rental contract). My work permit expires 31 December this year, but we are visiting my family in Holland anyway then. I hope PPR comes before Christmas; in that case I could send the passport from Holland to Berlin when I land there by plane, and officially land in Canada coming back by mid or late January! But if not it won't be the end of the world. It's now in progress in Berlin with medicals received since 19 October.

So I would do outland in your situation. But if you do inland I'd do it only after getting the visitor's extension for peace of mind -- if the extension is for a year you'd have enough time to get to AIP. And having a few months more than the absolute common-law minimum won't hurt.

 

[Suin]

But the inland warning of not leaving the country doesn't work very well for me. My case is not super-straightforward since I have lived in 5 different countries but they are all Western countries (NL, UK, NZ, USA, CA) so I hope the background check won't take long.

could you please say about those countries you listed, did you live more than 6 months in all of them?

 

[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!

 

[amsyul]

But the inland warning of not leaving the country doesn't work very well for me. My case is not super-straightforward since I have lived in 5 different countries but they are all Western countries (NL, UK, NZ, USA, CA) so I hope the background check won't take long.

could you please say about those countries you listed, did you live more than 6 months in all of them?

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