IEC visa ending, common law sponsorship

[Missahung]

Hi there, new here.

Quick synopsis of our situation.

I am Canadian. My boyfriend (British) has been in Canada on the IEC visa and has a year left. We have been together for 6 years and living together for 3 (2 yrs in the U.K., but less than a year in Canada).

We would like to apply for common law sponsorship PR.

Questions:
1) Can we apply for the common law PR while he is still on the IEC visa? Can his status change while on the IEC?
2) Can he leave the country for a short holiday/visit home during the application process for PR?

 

[Rob_TO]

1) Can we apply for the common law PR while he is still on the IEC visa? Can his status change while on the IEC?

Yes, PR app can be submitted anytime, no matter what other visas, permits, etc he may hold.

2) Can he leave the country for a short holiday/visit home during the application process for PR?

Yes for sure. Just make sure to submit his PR based on this "OUTLAND" option: "Currently living in Canada, but applying under Family Class (not Spouse or Common Law partner in Canada class)"

And make sure it's mailed to correct address:
Application for spouses, common-law partners or conjugal partners and dependent children (currently living outside Canada):
CPC Mississauga
P.O. Box 3000, Station A
Mississauga, ON
L5A 4N6
Note: Your spouse or common-law partner may be living in Canada with you, but if he or she doesn’t plan to stay in Canada while the application is being processed, choose this option.

 

[Missahung]

Thanks for the quick reply! Much appreciated.

Just a few other questions:
1) By applying through Outland, will we run the risk of having an interview in England? Will there be an interview?
2) The current processing time states 12 months. What happens if he doesn't get approved before his IEC expires? Can he apply for another visa which will allow him to continue working in Canada whilst waiting for approval?

 

[Rob_TO]

1) By applying through Outland, will we run the risk of having an interview in England? Will there be an interview?

Very tiny risk of interview, I would guess with a documented 6 year relationship and 3 years living together, there's a 99.9% chance no interview will be required so should not be an issue
Interviews for visa-exempt applicants are done only when there's serious concerns the relationship is real.

2) The current processing time states 12 months. What happens if he doesn't get approved before his IEC expires? Can he apply for another visa which will allow him to continue working in Canada whilst waiting for approval?

12 months is not an average, most apps are done much quicker. Should be done in under a year.

In the off chance PR app takes longer than usual, he could stay in Canada as a visitor but would need to stop working until PR is approved. Unless he can find a way to get a new work permit separate from the PR app.

But again with 1 year left on the IEC, submit the PR app immediately and he should have PR status before it expires.

 

[spousalsponsee]

Thanks for the quick reply! Much appreciated.

Just a few other questions:
1) By applying through Outland, will we run the risk of having an interview in England? Will there be an interview?

Yes. No.
If an interview is called, it will be in London. If you have a genuine relationship between two people of similar age from first world countries, and include the evidence the form requests, there won't be an interview. They're basically unheard of for that situation (they happen if CIC have a reason to doubt the validity/genuineness).

2) The current processing time states 12 months. What happens if he doesn't get approved before his IEC expires? Can he apply for another visa which will allow him to continue working in Canada whilst waiting for approval?

The target is 12 months, which is a new, global target. If your partner's permit expires before approval is granted, he can stay in Canada as a visitor. If he applies inland, which is typically slower, he can apply for an open work permit while he waits. If he has a year left, he is almost certain to get PR through an outland app before his IEC expires (if he applies now, there's a decent chance he'll get it before 2018).

 

[Missahung]

Thanks again this has been most helpful! Hoping to get this application in soon!

 

[Missahung]

Hi! So I've just spent almost 2 hours trying to figure out which forms I need. Every time I think I've got it figured out, another form or term confuses me.
I don't normally get so flustered but I'm at my wits end! Any guidance would be helpful.

Am I correct to use IMM1344, IMM5532, IMM0008, IMM0008DEP, IMM5406, IMM5476, IMM589, IMM5669?

And I check the 3rd option of the Class of Application? (which means it is an outland application)