Best course of action

[Danish1371]

Hello all knowing forum goers. My now common law partner and I have been together since March 2013. He's a UK as well as Irish citizen. So has easily been able to come here, he's extended his stay once and has applied again. Anyway we have definitely reached our 'common law' status and will likely get married once my divorce is final. ( it's pending ) Anyway my question is what is the best course of action for PRS. I can sponsor him from within Canada but the website is just looking at applications from Aug 2013. He still has a house in the UK and aging parents the wait time seems long if there was an emergency and for not being able to go out of the country. Immigration did suggest applying outside Canada which would give him the flexibility to go back if needed. So applying outside does that require him and or us to be in the UK? Can he live here and submit his documents to the UK office ? What difficulties would we encounter going this route ? Him working here isn't an issue it's fine for him to continue on a visitor visa ( as long as they keep extending it). Am I missing anything in either option that I'm not aware of.
Thanks in advance !!!

 

[QuebecOkie]

You can apply outland while you are both in Canada, no problem.

He shouldn't be working (for a Canadian employer) if he's just a visitor here right now. That's a BIG no-no and could cause you serious problems down the line. If he's working for a British employer while he's here on a visitor visa, that's a different story and is legal.

 

[rhcohen2014]

as a visa exempt applicant, you will want to apply OUTLAND. the posted processing time you are looking at is for the INLAND process, which is NOT recommended in your case, so don't even bother looking at it. The applicant can be IN canada and still apply OUTLAND. Applying outland has nothing to do with where the applicant is residing, it has to do with where the application is processed.

His OUTLAND application will probably go to the London visa office, which currently has a processing time of about 8 months, some less, some more. The times posted on the cic site are not accurate, and do not reflect how the process really is, so just ignore them.

If you and your spouse plan to come to cnada and wait for approval, your spouse will only be able to enter as a visitor and NOT be able to work until he is approved for PR. Upon arrival, he wants to be careful about what language he uses. he is not "moving" or "living" there, he is "visiting", and will only be "visiting" until approved.

If you and your spouse decide to stay where you are until approval, then you will want to provide proof of your intentions of settling in Canada upon approval.

 

[Danish1371]

To clear things up I meant he/we aren't worried about him being able to work. He's not now or ever been at work in Canada ( not risking anything ever !!! )
I live in Canada and he has continuously 'visited' me for 18 months ( he left for four months last year to renew his passport ). We have extended his stay twice so far, but want to take the easier route especially if he gets called back due to his house or his aging parents back home. Making sure we can do this outside like they said whilst he still 'visits' me here in Canada.

 

[warzo]

To clear things up I meant he/we aren't worried about him being able to work. He's not now or ever been at work in Canada ( not risking anything ever !!! )
I live in Canada and he has continuously 'visited' me for 18 months ( he left for four months last year to renew his passport ). We have extended his stay twice so far, but want to take the easier route especially if he gets called back due to his house or his aging parents back home. Making sure we can do this outside like they said whilst he still 'visits' me here in Canada.

as mentioned above, the easiest way is to apply outland. It will allow him to travel in and out of the country. In addition, the processing time doesn't take that long.

 

[canuck_in_uk]

I live in Canada and he has continuously 'visited' me for 18 months ( he left for four months last year to renew his passport ).

Just to clarify, when did he return from that trip? None of the time before that will count towards your one year of continuous cohabitation required for common-law; the count would have restarted upon his return.

 

[Danish1371]

He's been here a year since his last entry into Canada, however I did ask that question when I called CIC as he had to leave to renew his passport, they said because it was a legitimate reason he had to leave they would count back to when we did start living together 19 months or so ago. ( I was curious about that as well ) regardless either way we've been together long enough to qualify.

 

[Danish1371]

One more question do we send the medical and the police clearance with everything else or wait until they request it? It seems everyone is sending in their medical with the application at least, not sure about the rest...
Thanks again everyone ! ;D

Oh and I don't have my final divorce papers from my previous marriage, it is at the court but taking a very long time to complete. Is this going to be an issue ?

 

[canuck_in_uk]

He's been here a year since his last entry into Canada, however I did ask that question when I called CIC as he had to leave to renew his passport, they said because it was a legitimate reason he had to leave they would count back to when we did start living together 19 months or so ago. ( I was curious about that as well ) regardless either way we've been together long enough to qualify.

Don't listen to answers given by the CIC call centre. They are simply front-line staff who aren't really trained in the actual immigration policies and procedures; they pretty much just put you you say into a computer and tell you the response they get. We've seen them provide completely wrong information countless times on this forum. The visa officer reviewing your file would most definitely consider 4 months a break in common-law, so it's good that it's been a year since then. Make sure that you guys put the date you became common-law as one year from when he returned to avoid any issues.

One more question do we send the medical and the police clearance with everything else or wait until they request it? It seems everyone is sending in their medical with the application at least, not sure about the rest...

Oh and I don't have my final divorce papers from my previous marriage, it is at the court but taking a very long time to complete. Is this going to be an issue ?

Yes, send the medical and PCCs with the app.

As long as you can show that you've filed for divorce, there shouldn't be an issue.