Opinions on Our Immigration Plan

[OutstandingBack]

I'm coming to the end of a 1 year Canadian working holiday visa and I have a few questions regarding the PR application for anyone gracious enough to donate a little of their time.

1. My girlfriend is a Canadian citizen and we're proposing that she sponsor me as a common law partner in the family class for PR. With regard to common law, we first lived together in Canada for 6 weeks whilst I looked for work. Not finding any companies willing to sponsor me, I returned to the UK, got onto BUNAC's working holiday visa programme and came back to Canada. I was in the UK for two months as required by the application. Over a year has passed since that first visit to Canada and I'm wondering if that counts towards the 12 months cohabitation required to qualify for common law. If not then I will have to wait until my full consecutive year is up. For proof of common law, both our names are on the rental agreement, bills and we share a bank account. Does the forum consider that sufficient?

2. We're intending to pursue my PR via the family class sponsorship based on our common law relationship. Just before my visa expires, we'll get the common law declaration and fly to the UK where I'll get any necessary documentation for the application (police check/medical etc.). We'll then return to Canada (me on tourist visa) and immediately apply for an outland PR application through Mississauga. Whilst entering Canada, my girlfriend will 'vouch' for me to obtain a visitor record which I believe will allow me to extend my tourist visa if necessary. If the forum thinks it helpful for immigration purposes for me to purchase a return ticket, I will. If I need to go for an interview in London I'm prepared to go, of course. Does anyone see any reason that this route might be problematic?

Thanks guys. I've found so much useful information on this forum.

 

[RobsLuv]

I'm coming to the end of a 1 year Canadian working holiday visa and I have a few questions regarding the PR application for anyone gracious enough to donate a little of their time.

1. My girlfriend is a Canadian citizen and we're proposing that she sponsor me as a common law partner in the family class for PR. With regard to common law, we first lived together in Canada for 6 weeks whilst I looked for work. Not finding any companies willing to sponsor me, I returned to the UK, got onto BUNAC's working holiday visa programme and came back to Canada. I was in the UK for two months as required by the application. Over a year has passed since that first visit to Canada and I'm wondering if that counts towards the 12 months cohabitation required to qualify for common law. If not then I will have to wait until my full consecutive year is up. For proof of common law, both our names are on the rental agreement, bills and we share a bank account. Does the forum consider that sufficient?

The six weeks might count, but I wouldn't risk it. It's too subjective - and you don't want the application refused on such a simple technicality. Believe me, they won't give an inch in your favour. Best to start the qualification period when you arrived on your BUNAC visa. Yes, the rental agreement, bills and bank account are good evidence of common-law qualification. But that's just proof of that. You will still need to be able to demonstrate the development of your relationship, communication between you while you were apart, etc., to show that this relationship is "genuine" and not just for the purpose of facilitating your permanent status in Canada.

2. We're intending to pursue my PR via the family class sponsorship based on our common law relationship. Just before my visa expires, we'll get the common law declaration and fly to the UK where I'll get any necessary documentation for the application (police check/medical etc.). We'll then return to Canada (me on tourist visa) and immediately apply for an outland PR application through Mississauga. Whilst entering Canada, my girlfriend will 'vouch' for me to obtain a visitor record which I believe will allow me to extend my tourist visa if necessary. If the forum thinks it helpful for immigration purposes for me to purchase a return ticket, I will. If I need to go for an interview in London I'm prepared to go, of course. Does anyone see any reason that this route might be problematic?

The biggest problem I see is that there is no guarantee you would be allowed re-entry to Canada. That would probably be the case if you were married, because it's very easy to flash a marriage licence and erase any doubt that you are a qualified PR applicant. But proving a common-law relationship at the border is a lot more subjective, and if the IO wants to be a pain, you could get turned around. Consider instead applying to extend your status from within Canada (as a visitor) before the expiration of your BUNAC visa. If you get the application submitted to CIC (track the delivery) BEFORE your visa expires, you have implied status to remain in Canada until they make a decision. You could say that you want to spend some time traveling now that your work visa has expired - and as long as you can show that you've got enough money to support yourself without having to work illegally, they should give you at least a couple of months extension. All you need is enough time to get that common-law qualification intact so that you can file the PR ap. Once you have the PR ap in process, you'll file extension applications each time your visitor status is due to expire (just like the first time - received before expiration) until you finally have PR approval. Your new reason on subsequent extension aps will be your common-law qualification and a PR ap in process.

Also, you don't have to do the medical in the UK. Under this scenario you can absolutely still file an outland PR application, and you can get your medical done in Canada without a problem. Just let the DMP know that your results need to be sent to the Regional Medical Centre in London, not Ottawa. As far as criminal clearances - I don't come from the UK, but I'm pretty certain others have gotten their clearances from there by mail. I think this plan gives you the best options for being able to stay together, and probably will cost you a lot less, too. If an interview is required, you will have to attend in London - that would be the time for the two of you to travel there so that she's with you when you re-enter Canada. The Visitor Record you will be issued as a result of your request for an extension to your status from BUNAC to visitor will not be a re-entry permit, although some IOs look at it that way and allow you entry without all the customary hassle. Otherwise, you'd only be going through the motions that you already intended to do to get a VR - just a little later, and one trip to the UK instead of two . . . and maybe being able to avoid that altogether. Hope this helps.

 

[noww]

sorry dont know if am in the right area would love some advice my friend has sponsored her husband who is in canada the application has been approved just waiting on pr card his father passed away yesterday and he would like to go to usa for funeral any ideas how this can be done thanks

 

[OutstandingBack]

Thanks RobsLuv!

On point 1, we will play it by the book and not go for common law status until I've spent our full year living together in Canada.

Unfortunately, because my BUNAC visa has 'Not extensible' clearly written on it I took this to mean that I wouldn't be allowed any kind of extended permission to stay in Canada. Although I now realise that I could apply for a tourist visa extension, my girlfriend and I have already booked flights to visit the UK when my visa expires in May. Yes, it is possible to change them at some expense but if possible I'd like not to. As per your reply, it seems the biggest issue is the potential for me to not be allowed to return to Canada on a tourist visa and/or proving our common law relationship. Once I'm in however, I can then take your advice and apply for an inland application/extend the tourist visa as necessary.

Our plan would be that on our return to Canada, we would present as much proof of our intention to apply for common law status / PR as we can to the immigration officer. Briefly : We met two years ago (whilst travelling in Asia), I have also visited my GF in Canada twice with her coming to the UK once (twice with this trip). We also spent a further 2 month trip in India/Nepal and have passport stamps/visas/a wealth of photos to back this up. At the expiry of my visa we will have spent about 18 months of the past two years together (6 months travelling, 12 living in Canada). As mentioned in my previous post, we have a year's worth of shared bills and two rental agreements with both of our names on. I also have nearly $10,000 CAD saved from my work in Canada and my girlfriend is fully prepared to vouch for me or whatever is required to assist my entry into Canada.

Is it advisable then to state that we qualify for common law and are intending to apply for PR for me once we get into Canada or is this not going to look good to an immigration officer. Should we just say I'm coming as a tourist and once we/I get in then apply for visa extensions/PR via a inland application?

 

[OutstandingBack]

I've also found that Alberta law has the Adult Interdependent Relationship Act which would allow us to create a legally recognised partnership. Perhaps this could assist in proving our common law relationship?

 

[OutstandingBack]

Quick question for RobsLuv if that's ok!

I'm a little confused between some information presented in your answer to my initial post and another I found from you on the forum. Earlier in this thread, you said:

The biggest problem I see is that there is no guarantee you would be allowed re-entry to Canada. That would probably be the case if you were married, because it's very easy to flash a marriage licence and erase any doubt that you are a qualified PR applicant. But proving a common-law relationship at the border is a lot more subjective, and if the IO wants to be a pain, you could get turned around.

Which I take to mean that if I/we can satisfy an IO that my GF and I qualify as common-law and that I would leave Canada prior to the (tourist) visa's expiration. I will be allowed in.

What I need clarification on is that in THIS reply to another topic, you say NEVER admit to coming to Canada on a tourist visa to marry. Although we do not intend to marry (until after PR), I was concerned that stating to an IO that you're coming to Canada to apply for PR via common-law would be viewed the same as coming to marry/get PR.

Basically, if I'm entering on a tourist visa am I allowed to say that I am here for anything other than tourist purposes? Is it an automatic denial if I say I'm here to pursue common-law/PR even if I've no intention of overstaying my tourist visa.

Thanks!

 

[Leon]

You are usually not granted any kind of temporary visa unless they are satisfied that you are leaving again. If you arrive at the border/airport and say that you are coming on a tourist visa and plan to apply for PR as a common law, even if you could prove that you are common law on the spot, even if you were married already, they can refuse you entry based on that you are trying to come in as a tourist and are not planning to leave. You can still try it. If they did deny you entry, you can go back to the UK and apply outland.

 

[OutstandingBack]

Thanks Leon.

I think we have our basic plan worked out now:

Before I leave Canada:

1. Fill out the common-law application and get it signed/qualified by a commissioner of oaths. It will be a couple of days shy of the full year. If I successfully get back into Canada we will get it done again just in case.

2. Also complete an outland PR application with my GF as my common-law sponsor. It will be all signed and ready to go before we leave for the UK but we'll not send it to CIC until after the UK trip.

3. Travel to the UK with my GF and attempt to return to Canada on a tourist visa, stating my intention to apply for PR but critically also providing sufficient proof that I would leave Canada at the end of that visa - this is the key. I would prove I have enough cash to survive, a prepaid flight out of Canada (to the UK) and a reason to leave - that I will probably need an interview in London. Whilst in the UK I would get the police certificate/medical and any documentation required for the outland application.

4. If I do get in then all is fine and we can continue the outland PR application. If I do not get into Canada, my GF will send in the already completed application anyway and we'll just have to deal with being apart for the processing duration. I'm hopeful that our care in filling out the application will result in processing at the quicker end of the scale, say 3-6 months.

We might also apply for a tourist visa extension to my current BUNAC visa. As stated previously in this thread, although it's not multiple entry, it might be viewed as such by an IO and thus help to facilitate our passage through immigration.

So I think we have a fair chance and a good plan B. If anyone sees any holes please let me know. Thanks everyone!