Common Law after one year Outside Canada application

[evanna]

Please Help!

I called four lawyers, every one says something else. Here's my case

I have been on an IEC since Oct 5th 2011, it expires on October 5th 2012. Im Polish, my boyfriend is Canadian, I have been living with him for the whole year and had been dating for 1.5 years prior to my moving to Canada. Now, we want to sign a declaration of common law on October 5th and send the whole application (with pictures and letters and joint bank accounts etc etc) to Mississauga while I return on the same day to Poland so as not to violate the dates of my visa, and once I get to Warsaw apply for an open work permit. This would shorten my waiting time from 11 months (inside Canada) to approximately 86 days (outside Canada) to get the first step in the family class approved. Is that even possible? Can I actually apply for a common law status and then leave the same day? One lawyer said I could, one lawyer said I can't, the third one said I should apply for an extension visa and leave later (how much later??) and the fourth wanted 3000 bucks :-\ I really don't know what to do anymore, I would like to apply for a sponsorship from outside Canada on a common-law status, but I don't know how to go about it to be safe, and I can't find a similar situation in any of the threads.

 

[computergeek]

Technically, the law requires one year, so you would be able to file after one year of co-habitation.

If you file outland, you won't be able to obtain an open work permit - that's only allowed for an inland application.

You could apply for a change of status (to visitor) and send in evidence that you have filed your outland application (e.g., receipts for payment). Or you could apply for an open work permit with your inland application. Check the processing time. Inland means you must stay in Canada while it is in process. Outland does not. Inland is often slower than outland, but it depends upon the visa office. Warsaw is currently showing 8 months, so 3 (sponsor) + 8 (visa office) would yield 11 months - that's the same amount of time to get to the first stage of an inland application.

In addition, it is quite likely that a well-organized application will take less than 8 months (that's the 80% application processing time.)

Thus, you could send in a request to change to a visitor and extend your stay one day before your status expires - pick the way that takes the longest processing time - and ask for 12 months, which should be enough for your OUTLAND application to be completed. You won't be able to work, unless you can find an employer willing to obtain an LMO for you.

If your visitor extension is denied, you will be told to leave within 30 days. You MUST do so if that happens (a departure order turns into a deportation order after 30 days and then you become inadmissible in the future). But until you get the decision you can remain in country on "implied status".

Thus, you could send the application in on the day AFTER your anniversary of living together and the one year question would be moot. Just make sure you can demonstrate you have lived together for that entire year.

Good luck!

 

[AnaMaria]

If you choose inland process, you must remain in Canada, no vacation or holiday outside Canada or vising your family back home. If you choose outland, you are free to leave and come back as long as the officer let you in. If you choose to stay in Canada, whether inland or outland, you are not eligible for work unless you find an employer who is willing to go through LMO nor health benefit. Open work permit can be granted for inland applicants but only after stage 1, which is approx 11 months. Inland has no appeal right but outland does. And the forms and documents needed are different from outland from inland. If you choose outland, you can submit the day you leave or even after you have left. I think you need to determine whether to go for inland or outland.

 

[evanna]

I don't want to apply inland, 11 months is a very long time. From what I understood that you can apply separately for an open work permit and come back after step one, which is 86 days now.

@computergeek the outland process is altogether 11 months, which means I can return after the first step is approved, no? Inland is double the time.

 

[Creampop]

in-land you have long waits and can file for open work permit, out-land is pretty much what the 1st stage of in-land but you have to wait for your PR visa to start working so either way you are waiting approx. 11 months to be able to work. and you don't have to wait till after the 1st stage to visit... I been in Canada since 2 weeks before I mailed my "out-land" application... we got sponsorship approval exactly 90 days after it was mailed.

 

[CharlieD10]

I don't want to apply inland, 11 months is a very long time. From what I understood that you can apply separately for an open work permit and come back after step one, which is 86 days now.

@ computergeek the outland process is altogether 11 months, which means I can return after the first step is approved, no? Inland is double the time.

Do not confuse stage 1 of Outland and Inland processing. The 86 days you are referring to is for the approval of a sponsor for an Outland application. You do not get an Open Work Permit with an Outland application, so after 86 days the only thing that happens is that the sponsor is approved and the file is transferred to the visa office responsible for processing the application.

To get an Open Work Permit, you must apply Inland, must remain in Canada, and must wait 11 months for approval in principle (stage on approval). At that point, you qualify for an Open Work Permit, and will be given one if you apply for it along with your PR application and request that they not evaluate the work permit application until you receive approval in principle.

 

[evanna]

I talked to a lawyer and he said I could - separately from my family class application, apply for an open work permit. Maybe he meant inland, before leaving Canada. Would that be possible, to have one application running inland and the other one outland?

 

[CharlieD10]

No, it is not possible.

An open work permit only comes with an Inland application, and you must remain in Canada for that application. Outland applicants do not qualify for an open work permit. You can try to apply for a closed work permit while you are outside Canada, if you can find a suitable employer.

 

[visita44]

If you had lived with you BF for one year, why not apply Outland right now and apply for TRV (temporary resident visa or visitor visa / change status) before you current visa expires but you will not be able to work, right here in Canada. You can still stay with your BF here if your new visa is approve but you should go back to Poland in case interview is needed. You can apply Outland here in Canada as long as you are here legally (visa). Yes, Open work permit is only for Inland Application and only issued after stage 1 which is around 11 months. And don't get pregant while you are in TRV or visitor visa here. It's expensive to deliver a baby here without a specific provinicial insurance...

 

[dzuls]

Hi Evanna,

I am writing you to ask how you handled your common-law application because I am in the same situation as you were. I am also Polish, I came to Canada on a working holiday visa, lived with my boyfriend for a year and we want to apply outland for my permanent residence under common law sponsorship.
Did you apply outland and then went back to Poland? I am considering going back to Poland for work in the meantime, as long as the application is being processed, but on the other hand, we are considering how the immigration officers processing the application will look on my absence here. if that would not jeopardize our common law.

You are right, consultants / lawyers are confusing..

Thank you and good luck!