Common Law or Express Entry?

[jalch91]

My (27F Canadian) partner of 2 years (living together continuously 1 full year) is preparing to sponsor me (27M English) to live in BC. Looking at sponsorship times of 12 months vs Express Entry of 10 months (including the 4 remaining months I need to work at my job to be eligible).
Which has a higher chance of success vs fastest way?

Add. info: I have a masters degree, speak fluent english, no french, worked 2 years in BC as various NOC category C jobs and now work in UK in NOC category B. We have plenty of proof of relationship EXCEPT reasons we're not married yet as it's not religious but more ethical and financial reasoning.

 

[King.bill]

My (27F Canadian) partner of 2 years (living together continuously 1 full year) is preparing to sponsor me (27M English) to live in BC. Looking at sponsorship times of 12 months vs Express Entry of 9 months (including the 3 remaining months I need to work at my job to be eligible).
Which has a higher chance of success vs fastest way?

Add. info: I have a masters degree, speak fluent english, no french, worked 2 years in BC as various NOC category C jobs and now work in UK in NOC category B. We have plenty of proof of relationship EXCEPT reasons we're not married yet as it's not religious but more ry and financial reasoning.

Express Entry. Too bad your Canadian experience is Type C or you would have already qualified under CEC.
Current FSW processing time appears to be 6 months while spousal sponsorship is 12 months.

 

[jalch91]

Thanks for replying! I've seen the 6/12 months but which has a higher chance of success? The EE is a pool so risky whereas the common law sponsorship is case by case. But is our case strong enough to be more successful than EE?

*I have 4 months left to work in the UK before im eligible so I have to factor that into the speed/chance of success decision.

 

[King.bill]

Thanks for replying! I've seen the 6/12 months but which has a higher chance of success? The EE is a pool so risky whereas the common law sponsorship is case by case. But is our case strong enough to be more successful than EE?

It's specific to each case. One of my friends married a Canadian citizen who sponsored her. Her PR was processed in 4 months! Her husband did hire a lawyer tho, I am not sure what they did but it was the fastest I have known personally.
EE is the safest way to get PR, at least imo it is. How many points will you have? They have issued invites to people with scores as low as 440 if I am not mistaken.

 

[scylla]

Thanks for replying! I've seen the 6/12 months but which has a higher chance of success? The EE is a pool so risky whereas the common law sponsorship is case by case. But is our case strong enough to be more successful than EE?

*I have 3 months left to work in the UK before im eligible so I have to factor that into the speed/chance of success decision.

Neither has a higher chance of success. You're comparing apples and oranges. The criteria for the two are completely different and the reasons for rejection are completely different and can't be compared.

EE depends on how many points you have. Have you calculated your points? If you are under 440 - forget EE - you won't be selected. If you have 440 or more, high chance of being selected.

 

[jalch91]

My points total 68. That is 24 for fluent English, 23 for 4 year Masters course in Engineering, 9 for working 1 year in England as NOC Cat. A, and 12 for being 27 years old. My canadian partner potentially could add 10 points to my total as she speaks fluent English (5) and has a lot of BC relatives (5)

*Using https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html to calculate.

 

[King.bill]

My points total 68. That is 24 for fluent English, 23 for 4 year Masters course in Engineering, 9 for working 1 year in England as NOC Cat. A, and 12 for being 27 years old. My canadian partner potentially could add 10 points to my total as she speaks fluent English (5) and has a lot of BC relatives (5)

*Using https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html to calculate.

http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

 

[jalch91]

Thanks for being patient. I scored 456 on the http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp link. That is without my girlfriend's language or family points.

 

[King.bill]

Thanks for being patient. I scored 456 on the http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp link. That is without my girlfriend's language or family points.

No sweat! You should create an EE profile right away, you might just get an invite on next draw.

 

[scylla]

My points total 68. That is 24 for fluent English, 23 for 4 year Masters course in Engineering, 9 for working 1 year in England as NOC Cat. A, and 12 for being 27 years old. My canadian partner potentially could add 10 points to my total as she speaks fluent English (5) and has a lot of BC relatives (5)

*Using https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html to calculate.

Since your partner is already Canadian, you can't actually gain any benefit from her language skills, education, work experience or family connections. Make sure you aren't claiming any points for her when you do the CRS calculation.

 

[jalch91]

Ok so just to clarify (because we've been discussing common law sponsorship for months), you think that an EE application sent the day I've completed a year at my Cat A job in 4 months time is a better call in terms of speed and chance of success than doing a sponsorship application?

I'll basically be applying as a fairly strong single applicant via EE, instead of applying as a weaker common-law case. Weak because we have only lived together one full year and she is now back in Canada whilst I'm still in the UK.

 

[King.bill]

Ok so just to clarify (because we've been discussing common law sponsorship for months), you think that an EE application sent the day I've completed a year at my Cat A job in 3 months time is a better call in terms of speed and chance of success than doing a sponsorship application?

I'll basically be applying as a fairly strong single applicant via EE, instead of applying as a weaker common-law case. Weak because we have only lived together one full year and she is now back in Canada whilst I'm still in the UK.

You got it.

 

[jalch91]

After speaking with my partner about this again, we are worried that if I go for EE and I'm refused then that jeopardizes applying for sponsorship.

Can we apply for sponsorship now, and then apply for EE in 4 months when I've worked at my job for a year?

 

[bellaluna]

After speaking with my partner about this again, we are worried that if I go for EE and I'm refused then that jeopardizes applying for sponsorship.

Can we apply for sponsorship now, and then apply for EE in 4 months when I've worked at my job for a year?

Yes. There’s no problem with applying for both in parallel.

I also know someone at work whose spousal sponsorship app took 4 months—no lawyer, just DIY, but they submitted a really thick application packet.

 

[jalch91]

wow that's awesome news! we'll see how we go and apply both ways. Thanks for everyone's help! I'm sure we'll be back on here before long...