Common Law Outside Canada vs Spouse inside Canada (family class)

[Tsher]

Hi everyone,

My common law partner and I are currently living in Canada together. Given the nature of his work, he needs to travel in and out of the country quite frequently. In the IMM 1344 form for my request to sponsor they ask whether I am sponsoring 1. A common-law partner living outside Canada, or 2. Spouse Living inside Canada - Family Class

We are confused by this as when you go on the government website it says:
- If you’re sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.

as well as:
Apply under the Family Class if:
-the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed

Im confused why on form IMM 1344 there isn't an option to apply 'a common-law partner living outside Canada - family class.

Not sure what to select at this point and any help would be greatly appreciated!!!

 

[canuck78]

Hi everyone,

My common law partner and I are currently living in Canada together. Given the nature of his work, he needs to travel in and out of the country quite frequently. In the IMM 1344 form for my request to sponsor they ask whether I am sponsoring 1. A common-law partner living outside Canada, or 2. Spouse Living inside Canada - Family Class

We are confused by this as when you go on the government website it says:
- If you’re sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.

as well as:
Apply under the Family Class if:
-the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed

Im confused why on form IMM 1344 there isn't an option to apply 'a common-law partner living outside Canada - family class.

Not sure what to select at this point and any help would be greatly appreciated!!!

How much time is your partner spending outside of Canada?

 

[armoured]

Im confused why on form IMM 1344 there isn't an option to apply 'a common-law partner living outside Canada - family class.

I don't understand your question. Or rather, I think you're overthinking.

This is just the way they decided to name the two different classes, that's all. One is called family class, and there is no consistent naming convention between the two classes.

And to answer the substantive part of your question: do yourself a favour and choose the family class (in Canada but doesn't plan to stay in Canada). There are essentially no negatives for doing it this way in his situation, but potential issues if he does it under the other class.

One question: what is his status in Canada now? Does he work for a Canadian employer?

 

[Tsher]

I don't understand your question. Or rather, I think you're overthinking.

This is just the way they decided to name the two different classes, that's all. One is called family class, and there is no consistent naming convention between the two classes.

And to answer the substantive part of your question: do yourself a favour and choose the family class (in Canada but doesn't plan to stay in Canada). There are essentially no negatives for doing it this way in his situation, but potential issues if he does it under the other class.

One question: what is his status in Canada now? Does he work for a Canadian employer?

I am probably overthinking this yes, what threw me off was that the only option to apply under family class used the word spouse (and we are common law not yet married). He's currently here under a youth mobility visa and working for a Canadian employer.

 

[Tsher]

How much time is your partner spending outside of Canada?

Difficult to say, probably in total around 2-3 months (a combination of business trips and seeing his family back home)

 

[armoured]

I am probably overthinking this yes, what threw me off was that the only option to apply under family class used the word spouse (and we are common law not yet married). He's currently here under a youth mobility visa and working for a Canadian employer.

The only related question I have is whether he will depend upon/need any work permit or his existing one will last. In short, timing of an open work permit through the spousal sponsorship may be uncertain.

But I don't think that's a substantial difference between the 'inland' (SCLP-in-Canada) or 'outland' (family class). But I'm not sure.