Common Law Sponsorship after living together with Working Holiday Visa

[MrCWilly]

I'm a Canadian and met my girflriend abroad while studying in Germany. We dated for a bit and I moved to the U.S. for work. We made it through that period and met up in Canada when I transferred for work and she joined with a Working Holiday Visa. I have a few questions:

1. Can we apply from within Canada even though her Visa expires the day we officially become common law? A photocopy of the Visa that enabled her residence in Canada is required but it's not clear in the package as to whether there needs to be an active Visa during the application for the person being sponsored. She needs to travel back to Germany for weddings and such, so we cannot extend the Working Holiday Visa either.

2. A Statutory Declaration of Common Law Union is required as part of the Open Work Permit. Can we get this signed by two separate notaries with her being Germany and me being in Canada?

3. Are there any restrictions to the Open Work Permit? She is a special needs teacher and hopes to gain direct employment in this field. We are living in Alberta where I have been told by teachers in this province that there is a strong demand and that given her Bachelor degree in this field, she is more than qualified for what is considered more of a support role than a teacher.

Much thanks for any help!

 

[sjs124]

1. She should be able to apply for a 6 month visitor visa extension. Just apply ahead of time so she doesnt lose status. She'll have implied status until it clears.
2. My partner and I submitted two separate declarations of common law for the same reason. I'm not sure if this was okay but it made the most sense.
3. Open work permits can be used for any job, but some will require a medical exam ahead of time (such as vulnerable populations, i believe)

 

[MrCWilly]

1. It stated in the extension that the person needs to remain in Canada, but she is unable to do so. We will be fine for qualifying as common-law but cannot get a Visa extension beyond that. Does the person need a valid Visa while the application is being processed, or just the period that we are claining for our common-law status?

2. I assume then that they accepted separate notaries witnessing the separate signings of declarations?

 

[canuck_in_uk]

1. Can we apply from within Canada even though her Visa expires the day we officially become common law? A photocopy of the Visa that enabled her residence in Canada is required but it's not clear in the package as to whether there needs to be an active Visa during the application for the person being sponsored. She needs to travel back to Germany for weddings and such, so we cannot extend the Working Holiday Visa either.

If she needs to be able to travel, she really should be applying outland. She can be in Canada while an outland app processes.

 

[MrCWilly]

Applying outland would be fine especially given the 11 month processing time out of Germany vs. 26 month processing time in Canada. The Open Work Permit only applies to applications in Canada though with a 3 to 4 month processing time and we want to be back here together asap where she can gain employment in her field and not just sit around for months while the application is being processed. So, clearly the in Canada application is most desirable and no offense but I am not going to base my decisions on what you feel we "should be" doing. There should be clearly defined rules for this stuff. She will have a valid Visa for the entire 12 month that qualifies us a common law, but it was not clear to me if it is required during processing of the in Canada application. I have spoken with Immigration Canada and they implied that it was fine, but it was not convincing. I am looking for some concrete evidence one way or the other.

 

[canuck_in_uk]

Applying outland would be fine especially given the 11 month processing time out of Germany vs. 26 month processing time in Canada.

The Open Work Permit only applies to applications in Canada though with a 3 to 4 month processing time a

no offense but I am not going to base my decisions on what you feel we "should be" doing.

There should be clearly defined rules for this stuff.

She will have a valid Visa for the entire 12 month that qualifies us a common law, but it was not clear to me if it is required during processing of the in Canada application. I have spoken with Immigration Canada and they implied that it was fine, but it was not convincing. I am looking for some concrete evidence one way or the other.

The posted processing times are not averages. Straightforward apps are generally processed faster. You should check the spreadsheets here on the forum to see what Vienna timelines are currently like.

Usually around 4-5 months for the OWP.

Pretty pointless to asking for advice on a forum when you have no plans to listen to it...

Some of the clearly defined rules for inland: the sponsor and applicant are required to be cohabiting in Canada throughout the application and if the applicant leaves and is refused re-entry, the inland app is considered abandoned.

She is required to maintain her status while in Canada. Regardless of whether you apply inland or outland, it would be better for her to apply to change conditions and extend her stay as a visitor prior to her work permit expiring. This will give some buffer time instead of having to apply on the exact day you become common-law. If she submits an inland app with an OWP while she has valid status, she will have Implied Status until receiving the OWP. If she applies outland, she will need to maintain her visitor status.

 

[MrCWilly]

Thanks for the update. It's not that I wasn't willing to listen to advice, you just didn't provide anything to back up what you thought I should be doing.

The spreadsheet was a good reference, but it was tricky to find. But, I can't help because it's not letting me post links.

In that Google Doc it is stated: "CIC is not concerned about your legal status in Canada while your PR application is in process, but you can have problems with CBSA if you don’t have any legal status. It is always recommended to maintain legal status."

If they are not worried about legal status, what do they do to check up on whether the couple is cohabiting? If someone is denied entry, is it flagged up somehow? What if the partner leaves and doesn't return until the OWP or PR Sponsorship goes through?

 

[scylla]

If they are not worried about legal status, what do they do to check up on whether the couple is cohabiting? If someone is denied entry, is it flagged up somehow? What if the partner leaves and doesn't return until the OWP or PR Sponsorship goes through?

The inland application process requires cohabitation and is for individuals who are in Canada. If your partner leaves Canada for four months and waits out the processing of the OWP outside of Canada, it's quite possible the application may be quickly refused for failing to cohabitate with you in Canada. If she is denied re-entry, this will effectively cancel the application and you'll have to reapply from scratch.

If she wants to wait out the processing of the application outside of Canada, then she needs to apply outland (not inland).

 

[MrCWilly]

It does sound like the outland application is the better way to go for us. Thanks for all the help.

I just spoke with a representative who indicated that we could still apply for an OWP with an outland submission, but only after my eligibility is confirmed (takes ~33 days). I thought the OWP was restricted to inland applications?

 

[scylla]

It does sound like the outland application is the better way to go for us. Thanks for all the help.

I just spoke with a representative who indicated that we could still apply for an OWP with an outland submission, but only after my eligibility is confirmed (takes ~33 days). I thought the OWP was restricted to inland applications?

Any consultant who says that is an idiot. This is 100% wrong - and a wrong answer on an extremely basic question. Please stay very far away from this representative. He doesn't know what he's doing.

 

[Ponga]

It does sound like the outland application is the better way to go for us. Thanks for all the help.

I just spoke with a representative who indicated that we could still apply for an OWP with an outland submission, but only after my eligibility is confirmed (takes ~33 days). I thought the OWP was restricted to inland applications?

Your representative is mistaken. The OWP is NOT available to an Outland applicant.

The only option is to have an employer complete the LMIA process to then hire the person...which highly unlikely.

 

[MrCWilly]

That's what I thought. It was actually a CIC representative from calling their info line that said that to me. I asked her like 3 times because I was pretty sure it was wrong.

I got a hold of an outland application spreadsheet that has 2015 data indicating that for Vienna 20% of spouse sponsorships were finished within 6 months and 50% by 9 months.

Any chance someone has a link to one updated with 2016 data?

My common law partner being German, do we have to go to the closest outland office, or can we pick a place like Paris with shorter processing times?

 

[Ponga]

That's what I thought. It was actually a CIC representative from calling their info line that said that to me. I asked her like 3 times because I was pretty sure it was wrong.

I got a hold of an outland application spreadsheet that has 2015 data indicating that for Vienna 20% of spouse sponsorships were finished within 6 months and 50% by 9 months.

Any chance someone has a link to one updated with 2016 data?

My common law partner being German, do we have to go to the closest outland office, or can we pick a place like Paris with shorter processing times?

CIC determines where the Outland application is processed. You cannot pick another visa office.

 

[scylla]

That's what I thought. It was actually a CIC representative from calling their info line that said that to me. I asked her like 3 times because I was pretty sure it was wrong.

Oh - that explains it. They give out wrong information all of the time. I wouldn't rely on them for anything.

 

[MrCWilly]

Man. I guess I should confirm other information she gave me.

Given that we are applying as Common Law, and her status ends the day we officially become common law, does this present any barriers to an outland application?

The representative said that it didn't because BOTH status and cohabitation are not requirements of an outland application. Our year of living together qualifies us and we do not have to be living together again until the Sponsorship is processed. Is that right?