Outland application queries

[zwicker89]

Hello everyone, and thank you in advance for your help.

I'm looking into sponsoring my partner to come to Canada. As of September we'll have been living together for 2.5 years, but only a year with solid proof (i.e. joint lease, joint bank account, bills, etc.) so we're looking into lodging an outland application in Paris (although we are living in London, but the waiting time is 29 months here, versus 8 in Paris!).

I have the following questions:

- Do we need to remain in the UK the whole time the outland application is being processed? Or if we wanted to return to Canada (with my boyfriend on, say, a student visa or working holiday visa) is that allowed? Basically, can you apply for other visas while waiting for a common law application to be processed?

- If we did decide to stay in the UK while the application is being processed, would my partner be allowed to visit Canada just as a tourist? (We're planning on going for Christmas).

- My boyfriend had to travel abroad for work last month at the same time my family was here visiting me. I traveled to Scotland with them while my boyfriend was working. We were apart for less than a month. Will this count against us when we say we've been living together continuously for a year, even though he was away for work?

Any information/help/tips are greatly appreciated!!! x

 

[scylla]

Is your boyfriend a French passport holder? You can't pick visa offices - he can only apply through the Paris office if he qualifies to. If he's a British passport holder and you're living in the US - his application is going to be processed by London.

The month you were apart could very well be seen as a break in the year of continuous cohabitation by CIC which means you would have to restart the 1 year count. When did this month happen? It is was a while ago, I would be tempted to wait until you have a year of living together after that date.

You don't have to remain in the UK while the application is being processed. Yes - he can visit Canada.

 

[zwicker89]

Thanks for the reply...

No, he's British - I thought you could pick what office you wanted? And, I don't live in the US, I'm Canadian but we're both living in the UK.

And, it wasn't a month, it was just over three weeks, and it was because he was away for work. It wasn't a while ago, it was last month, so there's no way we can wait ANOTHER year since we've already been living together for 2 years.

 

[scylla]

No - you can't pick visa offices. Sorry - the US bit was a typo (meant UK). Regardless - his application will be processed through London. Note that his processing time should be substantially lower than the 29 months provided there are no issues with your application. Islamabad applications were recently transferred to London and this is why London processing times have increased (it's the Islamabad applications that are on the longer end of the processing time spectrum).

The over three weeks separation isn't great. But I guess there's nothing to be done about it now.

 

[surleplateau]

Keep in mind that there's been a huuuge jump in London's processing times because all cases from Islamabad were transferred there (due to obvious region instability issues). But so far there does not appear to be any evidence that the typical UK applicant is having their case delayed, so the typical UK case is still getting processed in a timely fashion (please check the current London thread for verification, because I don't keep up with that office).

CIC does allow for short breaks of 1-2 weeks (according to other people's and my experience of calling CIC and asking) for short business trips or family visits. Just over three weeks... might be pushing it. It might, it might not. I don't know if anyone will be able to tell you with 100$ certainty Yes/No for that. You might "get away" with it, or not.

To qualify as common-law, you have to look at the proof of 12-continuous-months of cohabitation as the "equivalent" to a marriage certificate.

A break of just under a month might or might not be acceptable...

 

[zwicker89]

Ah I see. Thanks for the info about the Islamabad bit, good to know.

I mean, yeah it was three weeks but it was for work, we were in contact the whole time, plus we had (and still have) the lease on our flat so... it's not as if we just went our separate ways for three weeks?! (Sorry, I know it's not you I have to convince it just seems crazy that it would be a problem).

Do you know if he's allowed to apply for either a Canadian working holiday and student visa, ergo live in Canada, whilst the application is being processed?

 

[surleplateau]

I don't believe that having a PR application (via sponsorship or not) in the works or in the system will prevent someone from applying for a different type of visa/permit (I think it only stops you from having a different type of PR application in the system at the same time???? not sure...).

 

[scylla]

FYI - all of the UK working holiday visas for this year are unfortunately already taken. The last round that were released were all snapped up in 2 minutes.

Student permit is certainly doable provided he's OK paying the international fees.

 

[zwicker89]

I know they're taken for 2015, I mean for next year.

Thanks for all the replies.

Any one else?

 

[canadianwoman]

He can come to Canada as a visitor without a visa. Usually they give 6 months, but it can be extended. He won't be able to work as a visitor. He can apply for one of the other visas while waiting.
For the 3 weeks you were apart, you both kept the same residential address, right? Therefore it may not even come up. When you go on vacation, you continue 'living' at your house or apartment.