Confusion about common low\conjugal partnership. Help needed.

[Mirna Lola]

A little insight about my situation : so I am a Croatian citizen and my boyfriend is Canadian. We met almost 5 years ago and about 15 months ago started a relationship (February of 2011). At the end of September of 2011 I came to Canada on a visitors visa and we moved in together (so we have been living together for 6 months now.) I applied for extension and got approved till July 30th.

We were thinking about applying for partnership from inside Canada but I'm not sure which way to go. We can't apply for common low cause we have't been living together for 12 months so I guess conjugal partnership would be the way to go but I have a couple of questions.


1.) If we apply from inside Canada can I go home and visit my family in July (my sister is expecting a baby) while we are waiting for the decision or is the application canceled when I leave Canada?

2.) Is there a possibility I will not be allowed back to Canada after my visit (even though our application is being processed),if so can I and should I apply for a Visitor's multy entry visa to ensure I can come back?

3.) If we apply for conjugal and get approved am I allowed to work in Canada?

4.) If we are approved do I get health benefits?

5.) What should we provide as documents?

6.) How long will it take and how much will it cost?

And last but not least what are the chances of getting approved?

I know it's a lot of questions but CIC site is quite confusing and while calling CIC calling center I didn't really get answers I needed.

Thank you so much for your time !

 

[CharlieD10]

1) You can't apply as conjugal, you obviously have no immigration barriers to living together, as you are doing now.

2) If you apply Inland, you are expected to remain in Canada for the entire time the application is in process until you become a PR. If you know you are going to need to leave Canada, and you do not already have a multiple entry TRV, apply Outland.

3) There is always a possibility you will not be approved for a new TRV or re-admitted, especially if you try to return frequently after short breaks and they have evidence that you are trying to remain permanently and have reasons to do so (a spouse).

4) See above about applying as conjugal. If you apply as common-law and are approved, yes, you may work, study and live in Canada without need for additional permits.

5) Yes, you may also access healthcare.

6) Your chances are 50/50, same as everyone else's. It's up to you to prepare a solid application supporting your relationship so the balance tips to the "yes" side.

 

[Mirna Lola]

Thank you for your answer. It's greatly appreciated.But now im even more confused.

I can't apply as conjugal cause we are living together but we do not qualify for common low since we haven't been living together for a full year,so what are we suppose to do? Or is there an exception to the 1 year=common low???

I am allowed to apply for multy entry visitor and then apply for partnership (if I do so and I get MEV approved I am allowed to go home and come back) ?

Applying from Croatia would not be possible since Canadian Embassy there is closed in 2009 (cause since 2009 Croatian citizens are allowed to come and be in Canada for up to 6 months without applying for visa) so I would have to travel to Serbia which would be costly and also they are know for being really slow in processing) .

 

[Isometry]

You can wait til you have been living together for at least one full year, and then apply common law.

Alternately, if you get married, you can apply now.

If you apply outland, your application will go through the Vienna, Austria office. Processing times for that office seem relatively short, only 8 months. You do not have to travel to Austria unless an interview is required--you can stay in Canada while your application is being processed, even if you apply outland.

 

[hopetoland]

You don't need to travel everything gets managed by mail

 

[Mirna Lola]

You can wait til you have been living together for at least one full year, and then apply common law.

Alternately, if you get married, you can apply now.

If you apply outland, your application will go through the Vienna, Austria office. Processing times for that office seem relatively short, only 8 months. You do not have to travel to Austria unless an interview is required--you can stay in Canada while your application is being processed, even if you apply outland.

So what you are trying to say is that I can apply through Vienna office even though im in Canada right now and I can stay in Canada while waiting the decision??
Also since we do not qualify as conjugal and obviously do not qualify as common low what are we suppose to do?
Which visa would be suitable for us?
Marriage is out of the question at least for now.
Somewhere down the line,sure but it's too early.
I do not wonna get married for visa,and also don't want my boyfriend to feel trapped or something like that.

 

[Isometry]

So what you are trying to say is that I can apply through Vienna office even though im in Canada right now and I can stay in Canada while waiting the decision??

Yep.

Also since we do not qualify as conjugal and obviously do not qualify as common low what are we suppose to do?
Which visa would be suitable for us?
Marriage is out of the question at least for now.

If marriage is out of the question, wait until you qualify for common law and apply then. Maybe see if you can get a work or study permit in the meantime?

 

[Mirna Lola]

If marriage is out of the question, wait until you qualify for common law and apply then. Maybe see if you can get a work or study permit in the meantime?
[/quote]

Thought about it,problem is government wants letter of employment and all possible employers want to see a valid working permit and after about two weeks of calling,reading and such I wasn't able to find any company's that would provide sponsorship.

So what are my options?? Anyone has any ideas??

 

[amira_mais]

Marriage is out of the question at least for now.
Somewhere down the line,sure but it's too early.
I do not wonna get married for visa,and also don't want my boyfriend to feel trapped or something like that.

If you're not ready to get married, it's good that you're also not prepared to use it as a means to facilitate immigration. However, before you go the common law route, consider that if you are approved for PR, your boyfriend will be financially responsible for you for 3 years. And if your partnership doesn't last at least two years (depending on how proposed legislative changes are designed), you could lose your PR and be deported. All this is to say that you should be in a committed relationship where you both see yourselves in it for the long haul before you apply for PR in the spousal program. That's the intent of the program at any rate.

No offense intended, just my two cents.

 

[Mirna Lola]

Not offended !

I understand what you are trying to say.
We are both in this for the long run but who am I to say it will last forever.
We are both serious and committed to our relationship and mutual life how ever we are not willing to rush into marriage just so I could get PR .
I know he is responsible for me for 3 years but I also know that if I get it I am able to work and provide decent income which would make us equal on every level.
I am not in this for PR or citizenship,im in this simply because I fell in love with a Canadian,lol .

 

[justtryingtohelp]

Truthfully, you don't have a lot of options beyond what was already suggested. You cannot work in cannot without a work permit so your choices are getting married (which you don't want to do, which is absolutely respectable) or continue trying to extend your tourist visa until September when you'll be considered common law. At that point you will still have to continue to extend your tourist visa (I honestly don't know how they determine the length of your stay, how many extensions etc...) if you want to remain in Canada during the outland application. But you will not be able to work. There is an international experience program between Croatia and Canada if you're between the ages of 18 to 35 which you can google. I just checked the website and all of the 2012 spaces are taken for "working holiday" but there are a few for internships and young professionals. It might not be for you, but it might be a possibility.

 

[Mirna Lola]

With help of CIC agents we decide to apply for a visitors visa extension and when we have a full year apply for sponsorship.

I hope the whole extension thing goes well.
Im applying in a month,and I'll keep you updated.

Thanks to everyone for help and advice's.
It's good to know im not alone in this whole thing !