Common law or CEC

[BDub]

Hi I am new to this type of Q and A....but here goes. I am a female that has worked in a Managerial position for the last 2.5 years (so I qualify for the Canadian Experience Class), I no longer work there (unemployed). I live with my same sex partner; from everything I have read about common law sponsorship we qualify, with one exception. We are not "out" to anyone, people suspect it but we haven't verified it b/c we are both not ready to deal with that aspect of this craziness and she is at the end of a nasty divorce. We have lots of cards, emails, photos, vacation receipts, travel documents to see each other before we lived together, ect. dating back several years. What should I apply for, CEC or CL is one better than the other? If I do CEC can I remain in Canada (not working) while my app is being processed? I know a visitor visa is good for 6 months, but is there ever an instance that it can be extended past the 6 months (I don't want to leave my GF, and she can more than support both of us). Sorry about the mish mosh of questions...any advice would be helpful

 

[sidkrose]

Hi there,

I am not really sure about the CEC, although from what I've heard, in most instances a family class sponsorship goes through faster than CEC (but I may be wrong on this).

What I do know is that if you are applying under the common-law category, you not only need to prove your relationship is genuine (with the cards and photos and everything) but you need to prove that you have been cohabiting for at least one full year. You can do this with joint lease agreements, mail or official documentation showing you and your partner living at the same address, joint bank accounts, one naming the other as beneficiary on insurance or retirement savings, statutory declarations from friends/family/landlord saying that you are a genuine common-law couple and the Statutory Declaration of Common Law Union (IMM 5409).

You don't need all of that, but you will need more than just a couple. You can also check out the OP 2 manual for how they determine you are a genuine common law couple.

 

[Leon]

CEC is simpler but takes around 11 months, see http://www.cic.gc.ca/english/information/times/perm-ec.asp

With common law, there are more things to prove. If you apply inland, you can expect first stage approval and open work permit in 9 to 10 months and PR in another 9, see http://www.cic.gc.ca/english/information/times/perm-fc.asp and if you apply outland, expect 44 days in Mississauga and after that depending on your visa office, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

 

[rjessome]

If you can meet the criteria, I normally recommend that applicants choose the economic classes (like CEC) if they are available. It is much more legislative based and "pass/fail" oriented. Spousal categories are very subjective with more to prove as Leon said. Also, applying through the economic categories means you are applying on your own merits and there is no sponsor or undertaking that the sponsor is financially responsible for you for 3 years after landing. Finally, with the spousal/common-law applications, the government is trying to introduce conditional visas in this category so if you and your partner separated within the first 2 years after you became a PR, you are at risk of losing your PR.

It's a lot to consider.

 

[valy79]

I was in the exact same situation (more or less at least) as you a couple of months ago and I found it extremely difficult to decide which route to take. I ended up going with common-law Family Class, but I'm not sure if I would do it again (to be honest, I probably wouldn't).

Back then I was advised that Family Class would be "safer", since you cannot be denied a PR as a member of the Family Class (of course except for criminal or medical inadmissibility or such). What I didn't realize though is that you have to prove that you ARE a member of the Family Class.
CEC seems to be more straightforward - you know you qualify, and if you pass the IELTS you should be fine. But it might take longer.

I think the question here is - how sure are you that you have enough proof for your common-law relationship? You said you two are not "out" to anyone, which might cause a problem (not sure it will, but you should keep it in mind). As part of the common-law application you'll need at least two statutory declarations from family/friends attesting that you two are in a committed relationship. In general people usually submit a number of support letters from friends/family/employer as evidence for their relationship.

 

[BDub]

Thanks for the information. It sounds like CEC is the way to go. I am wondering if anyone knows if I am allowed to remain in Canada (while the CEC processes) when my work permit ends in July? I will not be working for my company anymore and I have yet to find another LMO. I have enough $ to live on until the CEC goes through. My partner can pay for living expenses as well. THX

 

[Leon]

30 days before your work permit expires, you can apply to change your status to visitor. Include proof of funds and a letter from your partner saying they are supporting you as well. Write as a reason to extend your stay that you are in a relationship here, have applied under CEC and wish to remain in Canada while your application is being processed. Even if you don't hear back from CIC before your work permit expires, you are under implied status because you have applied until you hear back from them.

 

[BDub]

Thank you Leon!!!! I feel much better just reading that . Thanks a mill