Outland Application - Is it okay to work abroad while the PR process is ongoing?

[FiveO]

Hi everyone and thank you for all the shared knowledge and information on this forum. I realize my topic might have been discussed before but since I didn't find anything that truly matched my concerns, I decided to ask as a separate topic. Please direct me to a topic with answers if there's already one.

I'm from Finland and starting a PR application in December when me and my partner, who is a Canadian, will have been living together for a year. We plan to apply outland and my question concerns the time while I wait for the PR status.

I've understood that establishing a common-in-law status requires that we can prove that we've been together continuously at least for a year. What about after the time requirement is met and the PR process has started? If I leave Canada and come back, would the fact that we've been separated during the PR process be a problem? I know it can be never guaranteed that I can re-enter Canada but is it wise to tell CBSA that I have a PR process ongoing?

As much as we want to live together I need to work and have an opportunity to go and work for a university in Alaska during the PR process while my partner stays in Canada and works. Would the fact that I'm working abroad (not staying in Canada with my partner, or working in my home country Finland) be a problem concerning the application?

Thank you everyone and good luck!

 

[sashali78]

Hi everyone and thank you for all the shared knowledge and information on this forum. I realize my topic might have been discussed before but since I didn't find anything that truly matched my concerns, I decided to ask as a separate topic. Please direct me to a topic with answers if there's already one.

I'm from Finland and starting a PR application in December when me and my partner, who is a Canadian, will have been living together for a year. We plan to apply outland and my question concerns the time while I wait for the PR status.

I've understood that establishing a common-in-law status requires that we can prove that we've been together continuously at least for a year. What about after the time requirement is met and the PR process has started? If I leave Canada and come back, would the fact that we've been separated during the PR process be a problem? I know it can be never guaranteed that I can re-enter Canada but is it wise to tell CBSA that I have a PR process ongoing?

As much as we want to live together I need to work and have an opportunity to go and work for a university in Alaska during the PR process while my partner stays in Canada and works. Would the fact that I'm working abroad (not staying in Canada with my partner, or working in my home country Finland) be a problem concerning the application?

Thank you everyone and good luck!

Since you have already lived together for one year and established your common law relationship, as well applying through an outland stream you are allowed to leave Canada while your application is in process. However, I think you might have to go through additional scrutiny to prove that you two are still in on going common law relationship if CIC finds out that you are not living together anymore.

 

[FiveO]

Thank you! I hope this is true, I keep failing to find any information in the CIC website.

 

[canuck_in_uk]

OP 2 - Processing Members of the Family Class

5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who
is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the
partners may live apart for periods of time without legally breaking the cohabitation. For example,
a couple may have been separated due to armed conflict, illness of a family member, or for
employment or education-related reasons, and therefore do not cohabit at present (see also 5.44
for information on persecution and penal control). Despite the break in cohabitation, a common-
law relationship exists if the couple has cohabited continuously in a conjugal relationship in the
past for at least one year and intend to do so again as soon as possible. There should be
evidence demonstrating that both parties are continuing the relationship, such as visits,
correspondence, and telephone calls.

 

[FiveO]

Thank you so much, this was exactly what I was looking for!