Common Law Sponsorship - UK to Canada support

[LV87]

Hi,

I'm hoping somebody can help us!

I am a Canadian Citizen (born in Canada, grew up in the UK) returning and bringing with me my Girlfriend who is British. We have been living together since July 2011, however the rental document and most bills until recently were in my name. We have a list of documents (below) that is almost ready to be sent off. We have a landlord reference letter than does state that my Girlfriend was a permitted occupier since July 2011.

So far we have -

- A landlord letter (original document) saying we been at that address since July 2011.
- Some bills (4 in total - dated recently but covering a period of at least a year) with our names on.
- Shopping delivery notices to my Girlfriend, plus some other small items of post with her name and address on.
- 40+ photos of various trips and events we have been too, supported by tickets for the events (and facebook posts with the date on).
- Letters from friends and family verifying our relationship.
- Both of our most recent car insurance documents with her insured.
- Her counterpart (paper version) UK license with her name and our address on it (photo-card can be copied and sent although this was re-issued recently).
- My current employer data that shows her as emergency contact, beneficiary on health & pension plan etc (although this is very recent)
- Some email's, texts between us dating back 3 years
- My historic bank statements showing her making payments to my account every month for all living costs (as the rent came from my account - I will explain this in a letter with the application)
- Some receipts & photos of gifts I have brought for her over the last 3-4 years.
- Proof of holidays we have made since December 2011 (tickets & photos)
- Declarations from ourselves detailing the history of our relationship.
- Letters from colleagues confirming the relationship (we worked at the same place)

Can somebody in the know give some advice on the above? Are we reasonably well covered?

With the flat we lived in my name we don't have the main documents, but we do have a reference letter from the landlord & can support her contributing with my bank statements showing transfers to me monthly. Her payslips went to her old address, she just forgot to update it and they went to her parents place. This is pretty much what we have at the moment. We are applying inland so obtaining and thinking of further documents is a challenge!

Thanks in advance!

 

[MilesAway]

I think you've got a lot of evidence, so you should be okay.

I would recommend applying outland, as the processing times through the London office are much faster than inland.

 

[canuck_in_uk]

I agree with the above. Good evidence and apply OUTLAND.

 

[LV87]

Reassuring to see! I should have specified, we are already here in Canada so we have to take the Inland route. As long as it gets approved that's the main thing! Thanks for taking a look and commenting.

 

[MilesAway]

That's not correct. You can apply outland if you are in Canada.

 

[canuck_in_uk]

There is absolutely no requirement to apply inland just because you are in Canada. A person can be in Canada and submit an outland app without issue. CIC even tells people in the inland guide that they can apply outland because it is generally faster.

 

[LV87]

Can the open work permit be applied for Outland? If so we will go down that route, it isn't clear from what I have seen online. The quickest route would obviously be best but we are focused on getting her into work ASAP.

If we go Inland for whatever reason, can my girlfriend leave Canada on vacation whilst in process? It would be to visit the UK and see family.

 

[taffy7]

If you apply inland your girlfriend will not be able to leave the country for at least two years. Thats how long its taking to get PR INLAND.

 

[canuck_in_uk]

Can the open work permit be applied for Outland? If so we will go down that route, it isn't clear from what I have seen online. The quickest route would obviously be best but we are focused on getting her into work ASAP.

If we go Inland for whatever reason, can my girlfriend leave Canada on vacation whilst in process? It would be to visit the UK and see family.

There is no OWP option with outland. However, London averages about 8 months and she would have the ability to leave Canada throughout the process without risking the PR app. In fact, many apps are not being sent to London but being processed in Ottawa or Mississauga in a matter of months.

Inland takes over 2 years (and that time is only increasing lately) and leaving the country risks the PR app. And there is no way to know yet that CIC will hold to their "OWP after 4 months" promise.

Don't be lured into the inland trap for the promise of a few extra months of being able to work.

 

[LV87]

Thanks, we are getting all kinds of conflicting information from immigration support and from the forum. Being able to work due to our circumstances is very important, the sooner the better. It also seems like she might be able to travel from the CIC information. We can wait for PR, that isn't an issue, we just want her to work and be able to shoot home to the UK for a few days if needs be.

Can I go on vacation while my application for permanent residence is being processed?

Starting November 30, 2014, caregivers will have access to two new pathways to permanent residence. Read more about the improvements to the Caregiver Program.

Taking a vacation outside of Canada should not affect your application for permanent residence. However, if you leave Canada while your application is being processed, you may not be allowed to come back into Canada. Each time you come back, you must meet all the rules for entering the country.

If you leave Canada and want to return, you must have:

a valid passport or other travel documents;
a valid work permit, if you are returning to work in Canada; and
a valid temporary resident visa, if you are a citizen of a country for which Canada requires one.

 

[Kayaker]

Being allowed into Canada is at the discretion of the CBSA officer. With a vise-exempt passport, chances of being turned away are not very high. However, if for any reason she comes across a CBSA officer who got up on the wrong side of the bed and refuses her entry, her Inland application will be invalidated, as she is no longer IN Canada. If she is spending more time in Canada than back home in the UK, there is a higher chance of getting scrutinized. There is no appeal if she is denied entry, it does not matter if she left Canada for vacation, to attend a funeral or for a medical emergency.

Most people do not like the idea of leaving their fate to one CBSA officer's whim, so they stay in Canada until they get PR, which may take 2 or more years.

I'd guess that if she applied Inland, she will start working maybe 3 or 4 months earlier than if she applies Outland. However, that comes with the caveat that she will be afraid to go home to the UK for the next 2 or 3 years. Is the 3 or 4 months worth being confined to Canada for the foreseeable future?

 

[taffy7]

This OWP is also a pilot program and there is no guarantee it will continue. As others have said if she leaves the country and gets refused entry you have lost your application . The worry every day of something happening to a family member and not being able to leave is a tough one to live with . I myself just had to go back twice in the last two months for funerals. I am a Canadian Citizen and my husband a Brit an applying outland.

 

[Rob_TO]

There are pros and cons to each.

INLAND
- can possibly get OWP in around 4-5 months after submitting
- will be waiting well over 2 years to get PR status
- During that time it's a risk each and every time you leave Canada. If denied re-entry, entire app and OWP is cancelled and need to start from scratch again

OUTLAND
- no OWP
- can possibly get full PR status in around 8 months.
- can come and go from Canada with no fear of having app cancelled

IMO working a few extra months sooner (which itself is not even guaranteed to happen), is not worth the 2+ years of waiting required for PR and fear of leaving the country that comes with an inland app. I would apply OUTLAND for sure.

 

[LV87]

Thanks for your replies. It seems the only thing we are confused about now is notarized documents - the letters from both of our parents, can they be copies of the letter (with a copy of a photocard & signature to confirm it is them) or do they have to be originals? In addition, do these also need to be notarized?

Thanks!

 

[Panamai]

You are required to submit two letters and they must be the notarised originals.