COMMON-LAW SPONSORSHIP NEW!

[LISA GUIA]

Hi there, I'm Lisa and I'm from Italy. I have some questions about my case and I really hope to find somebody that can help me out with this matter. My common-low partner is a Canadian citizen and we are in a relation ship for almost 2 years. We are going to marry soon but we don't wanna do it right away. I was going to apply for the working holiday visa, but the 2013 programm is now close. So we are thinking about the sponsorship. Can I apply for it once I'm there in Canada?How long does it takes?I was also wondering if I can work while I'm waiting for the approvation.
When this sponsorship is approved, can i stay in Canada, live and work without problem, and for how long?I need to ask after for a work visa that allow me to work there?
Sorry but I'm trying to figure it out and I'm so confused!!!!
Thank's to all that will be able to help me out!!!
Greetings from Italy

 

[amikety]

Since your CL spouse is a citizen, you can start now and move during the process. (I'm assuming you're an Italian citizen, holding an Italian passport.) You can apply through Rome even if you plan to go to Canada to live.

When you asked if you can apply for "it" once you're in Canada, I don't know if you mean the IEC or CL PR. IEC visa, I don't know. It varies by country. PR, yes you can apply Inland or Outland while inside Canada.

Sponsorship approval is "Stage 1" of the process. All it means is your spouse meets eligibility requirements to sponsor. It's for Outland applications (goes to Rome). When you're approved, you get your COPR (Confirmation of Permanent Residence) and then you're free to work, study, and live anywhere you want in Canada.

If you apply Inland (which has distinct disadvantages for a visa exempt citizen), after you get AIP, then you can get an open work permit if you applied for one and paid the fee. AIP is kind of like Stage 1 with Outland, but the processing is different. They examine both sponsor and applicant.

If you move to Canada before getting the COPR - first off, you aren't "moving." You would be "visiting." You shouldn't take all your household items with you either - let your Canadian spouse go with those items. You come as a visitor with visitor items - items needed for a short stay like clothes, shoes, not household items. You cannot work or study as a visitor unless you get a separate work/study permit. You would have to approach that separately.

I would suggest reading some of the "Inland versus Outland" threads to get an idea of the differences between the two. Then I would read the sticky post by Leon, just the first page.

 

[LISA GUIA]

Thank you a lot Amikety, even if you are speaking about a lots of codes.
I'm just wondering if i can be sponsored by my common-law partner once I'm there and if i can work with it or i have to apply also for a work visa.
Amikety seems difficult....what do you think?

 

[amikety]

It's not difficult, just a lot of work!

If you apply for PR (permanent residence) from inside Canada, you can apply two different ways. You can apply "Inland" to Vergeville, AB or "Outland" to Rome. Both options have good and bad parts. You can to decide which way you want to apply before you can get more specific advice and start the process. (The forms are different.)

Both have published times of 14 months for complete processing based on a complete application. That means 80% of applications are completed in 14 months or less. Outland VOs (Visa Office) frequently process faster than their posted times. For example, my VO is published for 12 months and people who applied 7 months ago are getting COPR (visa to land in Canada). You may want to check the Rome thread and see what people are experiencing. On the other hand, Inland seems pretty static - and if your file gets transferred to a local office, you're stuck even longer!

If you want to be able to work, you'll need a work visa. You can try IEC next year, you can try to find a job that will sponsor you for a work visa (not very easy), or apply Inland and wait for the open work permit. The last option takes 6-7 months to get the visa - plus other drawbacks of Inland sponsorship.

 

[LISA GUIA]

Thank you Amikety. I'll take a look also to the post of Leon, as you suggest, to have more information about. Yes a lot of work!!!And long terms too....omg...
Ok now i just need to decide if i want to apply Inland or Outland...will see how to manage all this matter.
Thank you again, you guys are very gentle and really help people like us, totally confused!
Can i post you later on other questions when i need?

 

[amikety]

Thank you Amikety. I'll take a look also to the post of Leon, as you suggest, to have more information about. Yes a lot of work!!!And long terms too....omg...
Ok now i just need to decide if i want to apply Inland or Outland...will see how to manage all this matter.
Thank you again, you guys are very gentle and really help people like us, totally confused!
Can i post you later on other questions when i need?

Yes, you can post here or join us in Leon's thread. There's lots of people in there who help.

 

[LISA GUIA]

Hi Amikety!!!Hope you are around cause i need to ask you something!
We decide to apply for the common-law sponsorship inland once im there in Canada, can you please tell me the documents i might need to do here in Italy before to leave?
I already done the criminal records, the birth certificate and a photo legalization. I need also a medical check up?
They told me that all these docs , after the legalization, they need to be legalize through the Canadian embassy in Rome....is it true?
For the translation can i do it once im there or has to be done here in Italy?
Thank you very much for your time and im really looking foward for your reply and help. Thank you

 

[amikety]

Police checks and medicals both expire. Police checks must be mailed within 3 months of issue date and medicals expire after 1 year. I'm afraid if you did them already, you may have to re-do them.

Please note, there is no benefit for you, an Italian citizen, applying Inland versus Outland to Rome. I would research Inland/Outland a little more before you make the final decision. Remember, you aren't supposed to leave Canada at all, for any reason with Inland sponsorship. (If CIC finds out you left or you are denied re-entry for any reason, your application is abandoned - kaput.) That includes emergencies, such as illness in family or a death. Even getting a work permit won't guarantee re-entry.

Translation can be done anywhere, as long as the translator can be certified.

As far as documents being legalized, I'm not sure about that. It might be something special to the Rome VO. I didn't have to do that for my office, but I went through Ottawa (and my documents are in English). You do have to have any translation certified true though. You may want to find the Rome VO and ask them. If you do go Inland, I haven't heard of that being done at the Vegreville VO either.

 

[LISA GUIA]

Well my partner spoke with a canadian gov. officer about our case and he suggest us to apply for the inland once im there in Canada so im planning to go in Canada in July...so i guess the docs are still valid. I have a doubt for the medial report cause in the web site there is a liost for each country about the doctors allowed and legal where do the check up. Amikety can i do the medical che3ck upo in Canada?
For the legalization i will call the embassy and ask them about.....

 

[amikety]

Yes, you can do the medical exam in Canada. Inland runs at 14 months, so you'll need to do it last. CIC says medicals expire after 12 months, but if they are ready to issue your visa within 15, they will generally extend the medical. However, you may end up needing to do it twice. Just prepare for that.

My "lawyer" also recommended Inland, which was a silly idea. They don't understand what "Inland" means. All it means is you have applied to a visa office INSIDE Canada. It has nothing to do with where you are in the world (although being in Canada is recommended). The more you learn about immigration, the more you'll see many of these consultants and lawyers are clueless about the actually process. (We actually have consultants that come and use the forum to get correct answers for their clients!)

CIC actually requests you apply "Outland" as often as possible.

Inland can also take much, much longer than posted times. If your file gets transferred to a local office (and there's no way to control if this happens) it can double or triple your waiting time. Some local offices take 2 years in addition to the 14 months Vegreville quotes. So consider it carefully. Most people don't get transferred, but it does happen!

 

[LISA GUIA]

waw...ok now i'm confused and more worry about it......this guy was very kind and says that he spokes with the immigration office telling us that was the best solution ...but things now seems to be more complicate than this.... Sorry but is there a first approval stage after 6-8 months were they give you work visa and health care? I mean....already after 6-8 months thay give you a first approve for the aplplication, not the final one sure, but doesnt work like that? So after you can extend your stay like this....ok im confused...niw i have to think about it and maybe considerate the outland from Italy....

 

[amikety]

If you do Inland and you apply for the work permit, you can get it after Stage 1. Stage 1 takes about 6-8 months. It allows you to work and get healthcare (in all provinces as far as I know).

Final Stage for Inland takes another 8 months. After that Stage, then you land and get your PR card and permanent SIN.

Your passport gives you 6 months (180 days - since you're coming in July - July and August have 31 days, you may want to count 180 days). If you don't get the OWP, you may need to renew your status. You can extend your stay online, by mail, or "flagpoling" at the USA border. You can be denied re-entry when you flagpole, so if you apply "Inland" I would do by mail or online. Mail or online, you need to do 30 days in advance.

Once you get the OWP, you're fine to stay without extending your status until decision made (or the work permit runs out - I've never heard of that happening to anyone).

 

[LISA GUIA]

Amikety if i catch the meaning about the passport info you gave to me
"Your passport gives you 6 months (180 days - since you're coming in July - July and August have 31 days, you may want to count 180 days). If you don't get the OWP, you may need to renew your status. You can extend your stay online, by mail, or "flagpoling" at the USA border. You can be denied re-entry when you flagpole, so if you apply "Inland" I would do by mail or online. Mail or online, you need to do 30 days in advance"
It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together? So when applying i have to send 3 applications SPONSORSHIP-WORK VISA AND VISIT VISA EXTENSION all togheter right?
Well doesnt seems too bad like this......of course the problem is if i dont get the STAGE 1......

 

[herewecome]

Two things to note

1. Have you lived with your partner for the last 12 months?
2. If you apply inland you cannot leave Canada without a big risk of abandoning your application, so if there's any chance any relative may be sick or be hit by a bus and you would want to return to Italy, apply outland.

 

[LISA GUIA]

well for the last 12 months no, we lived togheter only 6 months (no contracts togheter or bank account togheter), but we are togheter almost 2 years and we travel a lots togheter since we meet. It is possible to prove the relation sending immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Right?
I understand i cannot leave the country.....
i will consider to apply from Italy too.....