Need help with my common law options! Help!

[parker24]

Also, what do you guys make of this:

www.rogersonlaw.com/articles/Remaining-in-Canada-After-Your-Canadian-Visa-Expires.php

It states under the implied status part that you are allowed to work on implied status if you apply from a work permit for another work permit...

This is for inland ONLY. And only after the first stage.

 

[scylla]

Also, what do you guys make of this:

www.rogersonlaw.com/articles/Remaining-in-Canada-After-Your-Canadian-Visa-Expires.php

It states under the implied status part that you are allowed to work on implied status if you apply from a work permit for another work permit...

Yes - if you're here on a closed work permit and you submit an application with an approved LMO to renew/extend your closed work permit - then you can continue working while you wait for a response. However this doesn't apply to your situation.

 

[Sweden]

Again Sweden, thank you. I'm just afraid I wont have all the paperwork in order for an outland application in time. It takes approx 4 weeks for me to get my Australian Police cert and 2 weeks for my british one, plus we have to compile all the evidence (which we havent done yet) ... do i really have enough time? Also, not being able to work, combined with the cost of the visa is also an obstacle. I'd need to have all of these things before I sent my application off and time is kind of short right now. Which is why the inland route may be easier (longer yes, but easier) as it gives me time while they are assessing my partner's eligibility to get all the other documents (medical and police certs etc).

Which is why I think my only reasonable option is to change my status to visitor before March 14th and stay until the wedding. Can you apply to change your status to visitor without having an application in process? Or will they simply reject it because there is no reason for me to stay in the country? I've read that you can only change your status to visitor if you have an application in process somewhere? That was my question. Sorry about the confusion.

I was thinking something like this:
Apply for a visitor visa.
Stay here on the visitor visa until the wedding.
After the wedding, apply for a spousal sponsorship.

OR

Apply for an outland commonlaw sponsorship ASAP
change status to visitor before March 14th.
Send in police certificates as I recieve them.
Remain in Canada until then as a visitor.
Get married.
Get PR.

OR

Apply for an inland common-law and apply for an OWP (Implied status given where I can remain as a visitor NOT a worker)
After 6 months, get married and recieve my OWP
Send in additional documents they request such as a medical and police certs that I will have by then when they start checking me.
Legally work and wait.

Which option is strictly speaking my best? And are they all options?? Can all of them technically be done?

Thanks! (You guys are really helping. Even just talking it out and getting answers is makingme feel better so thank you)

Gary

(and also AnaMaria and Swden (AGAIN! ) thank you!)

Well for inland you also have to complete the whole package, before sending it as far as I am aware, so I'm not sure that it will help your case to go for inland (for that reason only).
What I would say is: first talk to your employer to see if they are willing to "take the risk" to let you work - as Scylla explained, the link doesn't apply to you because you have an IEC permit, and not a closed work permit - these are 2 different things. If your employer is not willing to take the risk - as it is very much of a grey zone, then there is really no point in applying inland, as you won't be able to work for another 6 months - and if you apply outland you might have your PR by then....

For preparing your application: I would say, start now! get the UK certificate, and by the time it comes back in 2 weeks you could have the rest of the forms etc ready. Same for the medicals - it doesn't take long, you only need to get the paper from the doctor and not wait for the actual results... apply for the australian one, and if your application is ready before it comes back, then include a letter and a proof that you have applied ( see my previous post), and send it to london later on.

I'm not sure that you can only apply for a visitor status because you have an application in process, but it helps for sure to get it granted. So provide a proof that you are gathering the forms, that you have paid for the fees ( total is 1040$ is you pay everything up-front, but you can choose to differ the payment of the RPRF until you are asked for it. It will delay your file at the end for about 2 to 3 weeks, but it's a possibility if money is tight now).

about the 3 options: it's for you to decide which is best, as it's your own choice. I just don't see why the first one would be a good option for you as you wouldn't be able to work, and you wouldn't file the PR either - why would you delay it if you can send it? you can apply for an extension AND send your PR application ( it's called dual intent, and it's legal in Canada).

inland versus outland - your choice. Outland is faster (especially for London VO) in most cases, and you might have your PR in the time it would take to get the first stage in inland. In both cases, you would only be able to work either after 6 months (for inland) or after you get the PR outland (timeline more difficult to predict, but given the record for London VO, 6 months is a possibility, not a guarantee of course). BUt if you feel more comfortable with inland ( where you are guaranteed to stay in the country, even without working), then it's your choice. (For me, I didn't want to now have the choice to leave Canada for 14 months if needed, so it was a main factor, but each case is different).

Good luck,
Sweden

 

[herewecome]

The UK police certificate can be done in 4 days. I posted mine Friday, they received it Monday, I received it back Tuesday. I needn't have gone for the quick route as we spent hours preparing the application. I wouldn't be surprised if it was more than 25 hours (3 of them was trying to get my photos done grrr). Having said that, I don't know how long it would take to go to and from Canada.

 

[Gary_87]

Thank you Sweden.

Outland is probably my best bet. How long do you think it could take me and my partner to prepare everything? As in, get all the paperwork filled out, get our evidence, get my medical and my UK police cert (my aussie one later)? I have a very tight schedule at the moment.

If I don't have the time to get all of those things done, can I apply to extend my stay as a visitor and then buy myself more time to get everything in order?

For example. I start prearing all of the documents and evidence etc. It gets to the start of March and we still havent applied. I extend my stay as a visitor buying me more time. Once everything is done, we send everything off to LONDON VO. I wait. Would this technically work?

Would I need to give a reason in this circumstance why I am applying for a visitor visa? ("Because I am finalising my outland common law application and need to stay in canada to do so" etc)

I feel very time contraint bound. We would have done this earlier but its only this month that we have been together for a year.

 

[scylla]

Once everything is done, we send everything off to LONDON VO.

No - you send it to Mississauga.

 

[Gary_87]

Oh right. So even though it is an Outland application, it doesnt actually go to London?

And was I right in assuming I can apply for a visitor extension to buy me more time to prepare the outland commonlaw paperwork?

Thanks!

 

[herewecome]

It goes to Miss for sponsorship approval. They send it onto London and the application is processed there.

 

[Gary_87]

It also states on the CIC website that applications for outland take 50 days for the sponsor approval and then it is taking 9 MONTHS from London. I thought it was meant to be quicker?

 

[herewecome]

The reality seems to be less. Just get the medical booked, send off for UK and Australian checks and get compiling a comprehensive and strong application. It does take sometime as there's things like statutory declarations, supporting letters from friends, letter from employer's sponsor, photos, etc.

At the moment it seems to be taking about 3 weeks for sponsorship approval and then 4-5 months for London to do their thing.

 

[Sweden]

Thank you Sweden.

Outland is probably my best bet. How long do you think it could take me and my partner to prepare everything? As in, get all the paperwork filled out, get our evidence, get my medical and my UK police cert (my aussie one later)? I have a very tight schedule at the moment.

If I don't have the time to get all of those things done, can I apply to extend my stay as a visitor and then buy myself more time to get everything in order?

For example. I start prearing all of the documents and evidence etc. It gets to the start of March and we still havent applied. I extend my stay as a visitor buying me more time. Once everything is done, we send everything off to LONDON VO. I wait. Would this technically work?

Would I need to give a reason in this circumstance why I am applying for a visitor visa? ("Because I am finalising my outland common law application and need to stay in canada to do so" etc)

I feel very time contraint bound. We would have done this earlier but its only this month that we have been together for a year.

as scylla pointed out - you send everything ( both sponsor and sponsored forms etc) to Mississauga, then do the first stage and then they send it to London.

How long it takes - it really depends. FIlling out the forms is a bit of a headache sometimes, but it's not that complicated, provided that you follow the guideline ( sounds obvious, but most people don't). Order the police certificate now. Pay the fee already (online), and use that for your extension if you haven't sent the application by then. It will show that you are seriously applying for PR, and not just saying that you are. I don't know if the "finalizing the application" would work, but maybe - I think it depends on the officer, and so best is not to risk it.

If you haven't applied for an extension once your visa runs out, you can also go to the US and come back, and ask for a 6 months visitor visa, explaining that you are filing outland PR application ( and bring the proof at the border). You might get denied, but it's unlikely - always a risk, so doing the online extension is a less stressful way. it takes a while to get the extension back, and you're under implied status until you get the answer, so in all cases it will buy you time ( even if it is denied, but most people here get it without trouble).

For the proofs etc, it's difficult to say how long it will take, because it depends on your case - if you have traveled a lot, and need to remember everything single address, it's a pain. If you lived together for 12 months, and have been in a relationship for a bit longer, you probably have proofs already - so just start, and it will come together eventually.

The meds don't take long - get the number for the panel physician from CIC website close to your area, give them a call and ask how many pictures they need (that's the only thing you need, tell them it's outland and make sure they fill out the right form, they will ask for your VO - London - if it's the outland form), and book the appointment.

You're lucky probably most of your proofs will be in english already, so no need to have translations etc. Letters from friends and family... usually not that difficult to get. Clear out a table in your house, print out all the guidelines and all the forms, make a list of things that you need to get, share the work with your future wife, and go for it! and it will come together nicely - it's tedious, and it's best done with your partner, but it's feasible...
Good luck,
Sweden

 

[Sweden]

It also states on the CIC website that applications for outland take 50 days for the sponsor approval and then it is taking 9 MONTHS from London. I thought it was meant to be quicker?

as herewecome stated - it says 50, but look at the spreadsheet for december in my signature, you'll see that people who applied mid december are already approved for some of them. In your case, your wife is Canadian, and she lives in Canada, so the approval for stage 1 won't be a problem. (unless she has a criminal background). She needs to get an option C to prove her income, but there is no minimum income, it only serves to prove that she is not on welfare.

London 9 months: It's the time that it takes them to process 80% of the application. Mine got done in 4 months from the moment it was done for stage 1. Total process: 7 months : 3 months stage 1 ( last year was very bad!), and 4 months in London.

if you have a straightforward case, no previous sponsorship for your wife, first marriage for both, no kids, and living together, and you have all the proofs and a well prepared application, you'll probably be approved faster than the 9 months.

Sweden

 

[Gary_87]

Thanks again for the info!

She isn't my wife yet but will be soon Does this matter?

Is it worth us maybe getting a common law approval certificate or something?

Also, im just wondering about the possible extension for a visitor. Can you clarify this for me: you can't get it unless you have a good enough reason to stay in canada (such as you have an application in process). Is this correct?

I only ask because we may not have the funds yet (or I may not at least) to pay for the entire thing right now so we may have to wait to pay and send this off AFTER my visa expires. In which case I'd need to be here. So can I just apply for a visitor extension? And hope I get it? I believe it takes 94 days so it would be worth applying for it either way I guess and then get my application in and get implied status?

Is this correct?
Can I get implied status JUST by applying for the outland or do I have to apply for the visitor extension? Its so confusing.

for example:
option 1 - apply for outland PR before my visa expires. Apply for visitor extension or do I get implied status?

option 2 - apply for visitor extension. THEN apply for outland PR.

also, can you pay for the PR process before you send off the forms??

 

[Sweden]

Thanks again for the info!

She isn't my wife yet but will be soon Does this matter?

Is it worth us maybe getting a common law approval certificate or something?

Also, im just wondering about the possible extension for a visitor. Can you clarify this for me: you can't get it unless you have a good enough reason to stay in canada (such as you have an application in process). Is this correct?

I only ask because we may not have the funds yet (or I may not at least) to pay for the entire thing right now so we may have to wait to pay and send this off AFTER my visa expires. In which case I'd need to be here. So can I just apply for a visitor extension? And hope I get it? I believe it takes 94 days so it would be worth applying for it either way I guess and then get my application in and get implied status?

Is this correct?
Can I get implied status JUST by applying for the outland or do I have to apply for the visitor extension? Its so confusing.

for example:
option 1 - apply for outland PR before my visa expires. Apply for visitor extension or do I get implied status?

option 2 - apply for visitor extension. THEN apply for outland PR.

also, can you pay for the PR process before you send off the forms??

it doesn't matter if she is not your wife, as long as you qualify for common-law ( which you say you do, so then you're good).

Sending the outland application doesn't give you implied status, but asking for a new visa (because you will go from an IEC to a visitor, it's not an extension of your IEC< that would not be granted, you're asking for a change of visa) does give you implied status.

The common law certificate is not required but if you can get one, then it's always a plus. So you can put it in the list of things to get!

For the visitor extension: I'm not sure. To be on the safe side, I would pay for the PR application (at least pay the first part : 75$ for sponsorship part + 475$ for principal applicant, total 550$, that's the minimum you need to pay. you can wait for the 490$ for the RPRF, it will delay your file for 2 to 3 weeks at the end, but you can also pay it later in 3 months let's say and send it to London). You can pay now and send the forms in a month, no problem. It doesn't even have to be on your own credit card. It can be anybody's, as long as you put the reference of your application on the receipt ( so if you know somebody that could pay for you on their credit card, foreign cards are accepted too, then you can ask them and pay back later ).

fee for the extension is 75$ ( that's separate from the visa extension) - and yes it takes 94 days for now. It's best to apply one month in advance. So let's say you pay the 75$ in mid february for the visa extension, and as soon as you file the extension, you are under implied status. 94 days later you get the answer - you are under implied status and can stay in Canada until you have the reply. Most likely you will be given 6 months, but from the day your visa expires (not the day they process your request) - so 15th March - 15th September. If by 15th August you don't have your PR, then apply for another extension ( there is no limit on the number of extensions), and by then you will have at least the first stage approval so you can include that as a proof that you are waiting for your PR to come through).

Hope it clarifies a little!

So option 1: apply for outland PR AND at the same time apply for a visitor visa - it's your responsibility to remain in status in Canada during an outland application, there is no implied status linked to the application.

Option 2: works as well, if you have not gathered everything by the time you need to apply for a visitor visa - but I would still have paid the fees and include that as a serious proofs that you will apply (even if you have not sent it yet) - see previous explanation.

 

[Gary_87]

Thank you Sweden. And everyone else. I think this answers all of my questions.

I am going to speak to my work on Monday regarding a possible LMO offer (im not full time, only a sub teacher but going to see if there is any possibility of them helping) but if that falls through this is my next best option. So thank you for helping me with my conerns.

I think if that falls through I'll start the outland application. It appears that if the LMO doesnt work, I cant work either way until August/september either way so I would apply for a visitor visa (not an extension! haha) and apply for outland common law, pay half now, pay half later and then just wait.

Its so hard all of this. I just want to get married and live a peaceful life haha.

thanks for all of your help! Any other info is always appreciated and I'll ask more if I need to!

Gary! and good luck to everyone else!