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Express Entry or Common Law - Which one to apply?

jettiemeister

Star Member
Dec 22, 2016
134
88
Please delete if cross-posting is not allowed. Also posted in Express Entry.

Hi folks,
I am wondering about which option to apply my PR with: Express Entry or Common Law. If you can give your suggestions and input, that would be great.

Background:
Age - will be 30 in March 2021
Master's degree in Canada
On PGWP (exp. Feb 2022)
Working in a NOC 0 category - 5 months and counting (since July 5, 2020)
Living with my partner (Canadian citizen) since Jan 1, 2020

Express Entry:
I will qualify on July 5, 2021 when I complete 1 year in my current NOC 0 job.
Processing time currently is six months, so I can expect my decision by Dec 2021/Jan 2022
CRS Points - 479 (as of today)

Common Law:
Dating for just under 2 years (since Feb 2019)
Have been living together with my partner. Will complete 1 year on Dec 31, 2020
Have a joint bank statement (May 2020 onwards). Couldn't open an account due to COVID restrictions at the start of the year.
Have been paying rent through our joint account. Utilities are included in rent, so no separate utility bills.
Have a joint rental lease
Have same address on our provincial IDs and driver licenses
Have same address on our personal bank accounts
Have photos from our trips taken together (2 trans-border trips in 2019)
Can have friends and family write reference letters, if needed

Dilemma:
I can apply Common Law in Jan 2021 - potentially get decision by Dec 2021 (1 year processing time)
I can apply EE in July 2021 - potentially get decision by Dec 2021 (6 months processing time)

Are there any benefits/limitations for either?
Has anybody gotten their PR through Common Law that has any input?

Thank you community!
X-posted
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
My vote would be for common law given processing times in either scenario due to COVID are unreliable and even pre COVID for straight forward spouse applications they often cleared after 7-8 months despite the quoted 12 months although now who knows.

Assuming your common law case is solid , maybe include at least a month buffer, you could apply and maybe complete within the year whereas you could wait around for EE making an assumption on the cutoff points only to find something changes in the meantime or worst case you could (hopefully not) lose your job before you accumulate the experience..

As per the other reply under EE thread with the spouse program the sponsor takes on some responsibility post PR plus of course there are differences between an outland and inland application. For the latter not advised to travel out of the country too often or if at all for at most a week or two. As you already have a work permit which you can apply for with inland then outland might be the way forward.

With COVID unless someone has submitted an application in the last 12 months and completed then useful feedback might be a challenge given everything is taking longer than expected and every application is unique anyway.

Above just a personal view but good luck whichever way you decide
 

jettiemeister

Star Member
Dec 22, 2016
134
88
My vote would be for common law given processing times in either scenario due to COVID are unreliable and even pre COVID for straight forward spouse applications they often cleared after 7-8 months despite the quoted 12 months although now who knows.

Assuming your common law case is solid , maybe include at least a month buffer, you could apply and maybe complete within the year whereas you could wait around for EE making an assumption on the cutoff points only to find something changes in the meantime or worst case you could (hopefully not) lose your job before you accumulate the experience..

As per the other reply under EE thread with the spouse program the sponsor takes on some responsibility post PR plus of course there are differences between an outland and inland application. For the latter not advised to travel out of the country too often or if at all for at most a week or two. As you already have a work permit which you can apply for with inland then outland might be the way forward.

With COVID unless someone has submitted an application in the last 12 months and completed then useful feedback might be a challenge given everything is taking longer than expected and every application is unique anyway.

Above just a personal view but good luck whichever way you decide
Thank you so much for the input. It was very useful. Why do you think outland is better than inland? I dont plan to travel for longer periods (maybe like a week, only to the US/Mexico) while my application is in process. I do have PGWP until Feb 2022 and ETA as well.