I'm new to this - Work or Family Sponsorship? Where do I start please?

[Irish Colleen]

I have been in a relationship for over a year now with my lovely man in Canada. I'm sure you all understand the frustrations - phone calls, emails, visits that end all too soon.

I'm an Irish Citizen but I'm living in the UK at present with a decent job. My job is on the list for the Federal Skilled Worker category and I scored 68 points but I know I would need a job offer in order to be considered for a Canadian Permanent Resident Visa.

I was looking to relocate next spring - Help!!

Are we better going down the family sponsorship route? I understand this means I can't work for at least a year once I go and live with my man. Is this right?

Sorry if I am asking really commonly asked questions - but where do I go from here?

Finances are not a problem for either of us. We just want to make sure we get it right!

Thanks in advance for any advice...................

 

[canadianwoman]

Are we better going down the family sponsorship route? I understand this means I can't work for at least a year once I go and live with my man. Is this right?

If you and he get married, he could sponsor you right after the wedding. London processes fairly quickly, so you would probably be accepted and in Canada before a year - and as a PR, legally able to work.
If he sponsors you as his common-law partner, you have to live together for a year first before you can apply.
You could also apply as his conjugal partner, but your situation would most likely not satisfy the requirements, and it is a difficult category to get accepted in.

 

[Irish Colleen]

Thanks very much - I didn't know there was a difference to the rules for married/common law. I have a lot to learn!

 

[Irish Colleen]

Another Question - All the time we have spent together in the last 13 months - both in the UK and Canada, does this count for anything? I'm also going to spend 3 months with him in the winter - I'm getting a leave of absence from work.

Thanks x

 

[RobsLuv]

Another Question - All the time we have spent together in the last 13 months - both in the UK and Canada, does this count for anything? I'm also going to spend 3 months with him in the winter - I'm getting a leave of absence from work.

Basically time spent together isn't the same thing as common-law qualification. You have to have joined your lives in a "marriage-like" relationship, having cohabitated for at least one continuous year, in order to qualify as common-law partners, and common-law qualification is established by being able to prove that you have co-habitated for at least one continuous year. Some might suggest that you come to Canada and live with him for a year so that you can qualify as common-law partners, but you're looking at a long road to permanent status (and the ability to work and have healthcare) if you choose that route. You'd have to live together for the entire year before you'd be eligible to apply - which means you'd be in Canada for a full year without being able to work or have healthcare benefits (you could get medical care at a clinic with cash payment). Then, once you qualified and submitted your application you'll wait again - how long depends on how you apply, but you're better off applying outland with your application processing through London because it's faster. London can finalize spousal/common-law applications in 2-8 months (plus 45 days or so first at the Case Processing Centre in Mississauga for the sponsor's assessment) but if you have to have an interview, you'd have to go to London and you might not get back into Canada. However, if you apply "inland", you'll wait at least 7-8 months just to get first stage approval, and then another 6-12 months for finalization. If you apply inland while you still have valid temporary status, you can get a work permit - but only after the 7-8 month wait for first stage assessment - and that's only if you have kept your temporary status valid. And that's the real clencher because, as a visa-exempt national, you're entitled to stay in Canada as a visitor for only 6 months before you have to either leave or apply to extend your stay from within Canada. Trouble is that when you're having to apply to extend, you won't have a valid reason for doing so. Trying to remain in Canada so that you can qualify to apply as a common-law partner for permanent status is frowned upon - it's called "trying to gain advantage under the Act". Chances are your extension would be refused and you'd have to leave - and then your common-law qualification goes out the window. If you stay illegally and then apply for PR, you'll be showing half of your qualification period as being illegally in the country. And if you make the mistake of applying inland under those circumstances, you'll wait years to get your PR status.

If you're talking marriage, it's really easier to wait until you're ready for that step and then start the application process. Otherwise you do have the option to immigrate on your own merit under the Skilled Worker program, but it typically takes longer. Although I just looked at the timelines and they're listing London as finalizing SW aps in 7-11 months. That's a lot faster than it used to be so it could definitely be a viable option - although you'd still be doing the back and forth for awhile.

 

[Irish Colleen]

Thanks for that info on Inland/Outland Apps, I didn't realise the importance.

So we need to show committment to our relationship by living together for a year, I quite understand that, but how do we do it?

I would come over on a visitor's visa and after 6 months, we could take a holiday out of Canada and then I come back to Canada and start the next 6 months visitor's visa? Is this a common way to do it?

Also if we got married, does it matter where we get married - UK/Ireland or Canada?

Thanks

 

[wilder1047]

Honestly, marriage is the easiest and most successful way to do it. If everything is straight to the point, suchas no criminal past and all that good stuff, then the next question is, whether or not the relationship is genuine. Which is proved through various things ie. plane tickets, passport stamps, photos, e-mails, phone records etc.. I could only imagine that marriage is one of the most definitive ways to prove that you guys are genuinley in a relationship. They may wonder, if you two aren't willing to make your relationship permanent towards one another in way of marriage, why should Canada commit to allowing you into the country on a permanent basis(I'm not saying it would make it an open and shut case, but you would then have a harder time proving yourselves). I'm really just speculating on this, but, as you delve into the daunting task of taking on the sponorship process, all the questions that will arise... the numerous calls to the call centre agents, you will soon realize... very few things are definitive in the world of sponsorship. I believe that's why they keep things so ambiguous, to keep their options open (it truly is decided on a case by case basis, which can also be viewed as a positive thing depending on your situation). Example, I recently sponsored my wife, and had numerous questions, so I would call the call centre agents... they would ask me what my question was, which page the explanation was on in the guide, then pretty much give me THEIR own interpretation of what it was saying, I realized this was the case when I would call back to confirm and they would give me conflicting answers.

I am well aware my answer was more on the useless side of things ;D.

http://www.cic.gc.ca/english/information/applications/fc.asp

Take a look at the link above. That is the official Canadian Immigration website, specifically the Sponsorship page, and read away, when you're done reading, read it again. It will start to make sense to you, everyone told me to hire a lawyer, which I couldn't afford, and it is honestly not neccessary(the use of lawyers will not give your application any preferential(sp?) treatment). Doing the forms is the easy part, which is saying alot, the wait kills ya.

Good Luck!!

 

[Irish Colleen]

Hello again! Well we have settled on a moving date, I'm going over later this year.

So what do I need to do now? A friend suggested a visit to an immigration lawyer when I get there. I will just be on a visitor visa at first I presume.

Do I have to leave after 6 months and return on a new visa after a trip to the UK?

We would like to visit the US in January next year, so would that count as a trip out of the country and would a new 6 month visa start from when I return into Canada?

Will I have any problems getting back into the country after a visit to the US?

I'm irish, but live in the UK at present. I have no skeletons in my closet and truly madly deeply in love with my man in Canada, and he feels the same. It's so so hard to talk on the phone every night and not be together. I'm divorced and so is my guy, we are both financially sound.

Can anyone recommend a shipping company from the UK, I'm living in Liverpool and want to ship some of my own stuff to Toronto. It would be nice to have some of my furniture around me, and then all the sentimental stuff I want to bring with me..... I would appreciate any suggestions

Thanks in advance

 

[Leon]

If you are going to get married, you might as well do that soonish and then apply for sponsorship. As other people have said, you may apply outland even though you may be in Canada at the time. Applying through London tends to be very fast. You could have your PR in less than 6 months. If you don't get married, you will have to live together for 12 months before applying as common law partners. The 13 months you have dated will help proving your relationship but will not allow you to apply sooner.

Once you have been in Canada for 5 months, you can apply to extend your visit status citing reasons such as exploring relationship but showing that you can support yourself without working or that your boyfriend is supporting you. If you went to the US and came back, you might end up with a new 6 month visa but you might also get an immigration officer in a bad mood who doesn't think you should be trying to live permanently in Canada on a visit visa and that you don't have enough proof of planning to return to the UK at some point and they could actually refuse to let you back in.

As for shipping stuff, it is not advisable to do that yet when you don't have status. For one thing, they might ask you to pay customs. Once you are PR, you can ship your things and most of it is exempt because it is your property and you are moving to Canada but you are not allowed to officially move to Canada on visitor status.