PR issue - Should I Apply Through Express Entry or Common-Law?

[takoy]

Hey guys, I’ve got some questions regarding PR application. CIC is wayyyyyy to confusing and I don’t really wanna pay for a lawyer so here we go -

My situation: I’m 23, Chinese, came here in 2009 and went to SFU for Finance till fall 2014.
My work experience: did 8 month full-time co-op internship (marketing assistant) during school, 1 month full-time role as a marketing coordinator in May 2015, and started at a new company as a online community manager (marketing coordinator + client support) this August.

Additional info:
1. I’ve been with my boyfriend who’s a Canadian citizen since summer 2013, we’ve been living together for almost 2 years.
2. I took IELTS when i first got here and got 8, so I don’t think language ability would be a problem;
3. I own a property in Vancouver. It’s under me and my dad’s names, 50/50. Paying monthly mortgage, obv.
4. Definitely got enough $$ in the bank, current salary 40k+/year.

So my questions would be: should I apply for the Federal Skilled Worker or Canadian Experience Class? Or through common-law (i heard that this one is easier and faster?)

AND when should I start applying?

Appreciate your time!!!!! Really need help from y’all experts. :

 

[takoy]

???

 

[dobes]

Hey guys, I've got some questions regarding PR application. CIC is wayyyyyy to confusing and I don't really wanna pay for a lawyer so here we go -

My situation: I'm 23, Chinese, came here in 2009 and went to SFU for Finance till fall 2014.
My work experience: did 8 month full-time co-op internship (marketing assistant) during school, 1 month full-time role as a marketing coordinator in May 2015, and started at a new company as a online community manager (marketing coordinator + client support) this August.

Additional info:
1. I've been with my boyfriend who's a Canadian citizen since summer 2013, we've been living together for almost 2 years.
2. I took IELTS when i first got here and got 8, so I don't think language ability would be a problem;
3. I own a property in Vancouver. It's under me and my dad's names, 50/50. Paying monthly mortgage, obv.
4. Definitely got enough $$ in the bank, current salary 40k+/year.

So my questions would be: should I apply for the Federal Skilled Worker or Canadian Experience Class? Or through common-law (i heard that this one is easier and faster?)

AND when should I start applying?

Appreciate your time!!!!! Really need help from y'all experts. :

You don't get to choose. When you fill out your EE profile, CIC will decide which program(s) your answers qualify you for, and they will decide which to send you an invitation for. It seems to me you likely qualify only for CEC as you probably haven't worked in a country other than Canada.

Express Entry is faster than applying as a Family Member, which is what you mean by common law, but applying through the Family option is probably easier, and you can work while you wait for an answer. For Family sponsorship, your partner would have to show that he earns enough to support you both - the petition is really his, as a Canadian, to have his partner with him. If they approve his sponsorship, they then evaluate you for PR - police stuff, medicals, etc., the same as any PR. You have a choice, or you can apply for both.

 

[A-man]

Take a look at this link which I came across.
http://www.cic.gc.ca/english/information/times/perm-fc.asp

I think common law applications take time. Do you know the NOC code for your current job?

Also I don't think any Co-Op experience counts towards express entry under CEC, check here
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=394&t=29

 

[takoy]

Take a look at this link which I came across.

I think common law applications take time. Do you know the NOC code for your current job?

Also I don't think any Co-Op experience counts towards express entry under CEC, check here

Thank you for your response!

I believe my job is 0124 Advertising, marketing and public relations managers

Yah that's what I thought, that co-op doesn't count..

If I can't start my CEC application until 11 months later, then common law might be faster? Processing time seems to be 6 months 17 days....

 

[takoy]

You don't get to choose. When you fill out your EE profile, CIC will decide which program(s) your answers qualify you for, and they will decide which to send you an invitation for. It seems to me you likely qualify only for CEC as you probably haven't worked in a country other than Canada.

Express Entry is faster than applying as a Family Member, which is what you mean by common law, but applying through the Family option is probably easier, and you can work while you wait for an answer. For Family sponsorship, your partner would have to show that he earns enough to support you both - the petition is really his, as a Canadian, to have his partner with him. If they approve his sponsorship, they then evaluate you for PR - police stuff, medicals, etc., the same as any PR. You have a choice, or you can apply for both.

Thank you for the detailed explanation!!

Forgot to mention that my work Visa is valid until July 2017.

Now that you’ve explained how family sponsorship really works I’m not too sure if it’s suitable for me anymore.. My partner doesn’t make nearly as much as I do, so I doubt his income will be considered sufficient to sponsor me.

 

[dobes]

Thank you for the detailed explanation!!

Forgot to mention that my work Visa is valid until July 2017.

Now that you've explained how family sponsorship really works I'm not too sure if it's suitable for me anymore.. My partner doesn't make nearly as much as I do, so I doubt his income will be considered sufficient to sponsor me.

I believe the necessary amount is the same $14,800, but you can look it up. Otherwise, I guess waiting until you have worked in Canada for a year is advisable.

 

[scylla]

I believe the necessary amount is the same $14,800, but you can look it up. Otherwise, I guess waiting until you have worked in Canada for a year is advisable.

No - there are no financial requirements when sponsoring a spouse / common law partner through family class.

 

[dobes]

No - there are no financial requirements when sponsoring a spouse / common law partner through family class.

That's interesting. I know you've done it before - so on what grounds do they approve the Canadian spouse as a sponsor or not? I have a friend who recently went through this and was happy his sponsorship was approved, but I never asked what it entailed.

 

[scylla]

That's interesting. I know you've done it before - so on what grounds do they approve the Canadian spouse as a sponsor or not? I have a friend who recently went through this and was happy his sponsorship was approved, but I never asked what it entailed.

They check to ensure the sponsor isn't in default for a previous sponsorship. They look at the criminal background of the sponsor (only specific charges prevent a sponsor from sponsoring). From a financial perspective, the sponsor cannot be bankrupt and cannot be on social assistance/welfare. Otherwise there are no financial minimums. Someone can be attending school full time and making no money - and still qualify to sponsor a spouse (we've had plenty of people on this forum who have done just that).

 

[takoy]

They check to ensure the sponsor isn't in default for a previous sponsorship. They look at the criminal background of the sponsor (only specific charges prevent a sponsor from sponsoring). From a financial perspective, the sponsor cannot be bankrupt and cannot be on social assistance/welfare. Otherwise there are no financial minimums. Someone can be attending school full time and making no money - and still qualify to sponsor a spouse (we've had plenty of people on this forum who have done just that).

Then how can I prove that we are in fact common-law partners? I looked it up and some of the proofs are:

a statutory declaration of a common-law union,
statements for shared bank accounts,
shared credit cards,
proof of shared ownership of residential property,
shared residential leases,
shared rental receipts,
bills for shared utilities accounts, such as
electricity,
gas or
telephone,
proof of shared management of household expenses,


But we don't have any of them :/

 

[scylla]

Then how can I prove that we are in fact common-law partners? I looked it up and some of the proofs are:

a statutory declaration of a common-law union,
statements for shared bank accounts,
shared credit cards,
proof of shared ownership of residential property,
shared residential leases,
shared rental receipts,
bills for shared utilities accounts, such as
electricity,
gas or
telephone,
proof of shared management of household expenses,


But we don't have any of them :/

You need to be able to prove that you have physically lived together for at least one full year. Do you have anything that proves this? Bills with the same address dating back a year? Bank statements with the same address dating back a year? Is your landlord willing to sign an affidavit confirming you have lived together for at least one year? You're going to have to do some thinking to see what evidence you can produce. Applying as common law hinges on being able to prove you have lived together for a year. If you have further questions about the family sponsorship process you should really be posted them to the Family Sponsorship section of the forum.

 

[dobes]

Then how can I prove that we are in fact common-law partners? I looked it up and some of the proofs are:

a statutory declaration of a common-law union,
statements for shared bank accounts,
shared credit cards,
proof of shared ownership of residential property,
shared residential leases,
shared rental receipts,
bills for shared utilities accounts, such as
electricity,
gas or
telephone,
proof of shared management of household expenses,


But we don't have any of them :/

Scylla is right, you'd be better off in the family forum. But if you have been living together in Canada for a year, you should have some of those things. My partner and I applied from Slovakia, where same-sex unions are not recognized. Even heterosexual married people have separate bank accounts, tax forms, pensions, etc. When we applied to come to Canada as a couple, we had no official documentation of our life together, but got friends and family to write sworn affidavits of how they knew us as a couple. We had pictures of my partner and his parents at my brother's wedding in Vermont two years before our application, and of me and my mom at his brother's wedding in Bratislava. The Canadian Embassy in Vienna accepted our evidence and gave us our visas as a common law couple.

In Canada, though, we have a lease together, bank accounts together, tax returns on which I use his educational credits, etc. Don't you have any of those things?

 

[takoy]

You need to be able to prove that you have physically lived together for at least one full year. Do you have anything that proves this? Bills with the same address dating back a year? Bank statements with the same address dating back a year? Is your landlord willing to sign an affidavit confirming you have lived together for at least one year? You're going to have to do some thinking to see what evidence you can produce. Applying as common law hinges on being able to prove you have lived together for a year. If you have further questions about the family sponsorship process you should really be posted them to the Family Sponsorship section of the forum.

Unfortunately we don't have any proofs except for photos. Our friends & family can support us but I doubt that's enough. I literally have no paper bills/bank statements whatsoever and neither does he. He moved in with me so even though we were splitting utilities/rent there was no paper records of that....

I will post it there now. Thanks!

 

[takoy]

Scylla is right, you'd be better off in the family forum. But if you have been living together in Canada for a year, you should have some of those things. My partner and I applied from Slovakia, where same-sex unions are not recognized. Even heterosexual married people have separate bank accounts, tax forms, pensions, etc. When we applied to come to Canada as a couple, we had no official documentation of our life together, but got friends and family to write sworn affidavits of how they knew us as a couple. We had pictures of my partner and his parents at my brother's wedding in Vermont two years before our application, and of me and my mom at his brother's wedding in Bratislava. The Canadian Embassy in Vienna accepted our evidence and gave us our visas as a common law couple.

In Canada, though, we have a lease together, bank accounts together, tax returns on which I use his educational credits, etc. Don't you have any of those things?

Thank you for the response. I'll post a new thread in the other forum.

We're pretty young and I have just graduated. We don't have any paper records together.. Our friends & family can support us but I doubt that's enough. I literally have no paper bills/bank statements whatsoever anymore (e-statements/bills now) and neither does he. He moved in with me so even though we were splitting utilities/rent there was no paper records of that....