common law dilemma

[jflibro]

Hi,
I have a few questions regarding the common-law sponsorship route. I am a Canadian citizen currently working in the USA with a TN visa that expires in May 2013. My partner and I are planning to move to Canada , and we will qualify as common-law in May 2013 as well. In the case that my TN visa renewal is denied in May and I cannot come back to the USA after May, would it be better to send the application to Buffalo just before I know if my visa is renewed or denied? And, if I cannot come back after May, and my partner does not come to Canada in May with me , do we still qualify as Common law partners as we won't be living together anymore ? Thanks Jean

 

[computergeek]

Hi,
I have a few questions regarding the common-law sponsorship route. I am a Canadian citizen currently working in the USA with a TN visa that expires in May 2013. My partner and I are planning to move to Canada , and we will qualify as common-law in May 2013 as well. In the case that my TN visa renewal is denied in May and I cannot come back to the USA after May, would it be better to send the application to Buffalo just before I know if my visa is renewed or denied? And, if I cannot come back after May, and my partner does not come to Canada in May with me , do we still qualify as Common law partners as we won't be living together anymore ? Thanks Jean

CIC requires that you qualify as common law on the day you submit the application. So as long as you've been living together for at least a year when your application arrives in Mississauga, you'll be fine. You don't have to continue living together, but you do have to continue the relationship (and you cannot enter into a relationship with anyone else).

Is there some reason you think your TN visa might not be renewed? That would be fairly unusual, although it certainly is possible.

Note: you won't sent the application to Buffalo, since there is no longer a CIC office in Buffalo. You would send it to Mississauga (outland apps are screened and sponsors approved by CPC-M) and they would forward it to Ottawa (CPP-O). When it is finalized by Ottawa, it will be sent to LA and the actual COPR is issued by LA.

 

[jflibro]

Hi ,
Thanks for the info. The only reason why I think the TN visa request might be denied is that I have had 3 already, and I know that in practice the Tn can be renewed indefinitely but I in practice it is a subjective visa as the officer can deny a renewal for lack of ties with the home country or if he thinks you show intent to immigrate , which is very subjective after having been in the US for 5 years. Also, we are going to Quebec, so CIC makes the decision and then Quebec emits the Certificat de Selection, which is an extra step I think.

 

[computergeek]

Hi ,
Thanks for the info. The only reason why I think the TN visa request might be denied is that I have had 3 already, and I know that in practice the Tn can be renewed indefinitely but I in practice it is a subjective visa as the officer can deny a renewal for lack of ties with the home country or if he thinks you show intent to immigrate , which is very subjective after having been in the US for 5 years. Also, we are going to Quebec, so CIC makes the decision and then Quebec emits the Certificat de Selection, which is an extra step I think.

Ironic, isn't it? If you were to send in a copy of your Canadian application (or at least evidence that you were about to file one, like the fee receipt) you'd be more likely to get your TN approval, because you are demonstrating that it really is temporary in nature - that you're already planning your return to Canada, which would take the pressure off you so you had more time to complete the Canadian application in the first place!

Three TNs isn't uncommon, but I think you're wise to include information for them that you are looking at wrapping things up with this renewal. As long as there's no other reason, with some evidence you're taking the steps to move back with your partner is likely to be enough to get another TN visa (but I wouldn't try that trick a second time, since they are likely to catch on.)

Obtaining a CAQ takes a couple of weeks, but it doesn't seem to slow the process down much.