Question about wording within the Common Law Partner Sponsorship guide..

[IrishArchitect]

Hi All,

Im reading through the Guide re Common Law Sponsorship.

On p25, "Your Status in Canada", the first paragraph says:
"You must have legal temporary resident status in Canada to remain in the country legally without possibility of being removed".

Probably an obvious question, but does my Irish Passport (valid for 6 months as a visitor in Canada) give me 'temp. resident status"?

Regards,
IA

 

[ariell]

Re: Question about wording within the Common Law Guide..

That quote is from the application guide for spouses/common-law partners applying from within Canada (commonly called an inland application). An inland application often takes considerably longer than an outland application. For instance it may take up to 2 years to complete and in that time you would not be able to leave the country otherwise you risk forfeiting your application. I think you are much better off applying outland. Your application would be processed through London and it is typically a fast office -- processing time is anywhere from 2-8 months. Also, as an Irish passport holder, you do not need a visa to visit Canada so you could come and stay in Canada while your application is in process in London, although of course you wouldn't be able to work here while your application is in process.

 

[IrishArchitect]

Thanks for the reply!

However - according to the CIC current wait times:

http://www.cic.gc.ca/english/information/times/canada/process-in.asp#n4

...2 years is not 100% accurate?
Just wishing to clarify/be exact, is all.

Also, to apply OUTland:
1 - I must be living OUTside Canada to apply? (ie return to IRL and apply form there)
or I can
2 - Remain in Canada, renewing my Visitor status, and apply but ask to have processed in london?

Im a little vague about this initial step....
Cheers,
IA

 

[ariell]

Thanks for the reply!

However - according to the CIC current wait times:

http://www.cic.gc.ca/english/information/times/canada/process-in.asp#n4

...2 years is not 100% accurate?
Just wishing to clarify/be exact, is all.

Also, to apply OUTland:
1 - I must be living OUTside Canada to apply? (ie return to IRL and apply form there)
or I can
2 - Remain in Canada, renewing my Visitor status, and apply but ask to have processed in london?

Im a little vague about this initial step....
Cheers,
IA

IA: the timelines listed on the CIC site are for first stage approval only. At first stage approval you would get your work permit allowing you to work in Canada. But you would still need to wait for your final visa approval which could take a few months if you're lucky or yes, unfortunately, it does sometimes take up to 2 years. 2 years would be at the extreme end but typically it will take 12-18 months in total. And in that time you would definitely be finished processing in London, barring any exceptional circumstances. You can do a search on this site and read through people's experiences. Or you can check on trackitt to view actual processing times: trackitt.com/canada-immigration-trackers/family-class

Yes, you can remain in Canada AND request to be processed in London. You do not need to return to Ireland and mail your application from there. You do not have to submit an inland application simply because you are living in Canada. You still retain the option of filing with the visa office responsible for your country.

 

[IrishArchitect]

ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!

Now that little bit of news really made my day!

Fantastic, thanks very much!

IA

 

[ariell]

Glad it helped! I personally think they need to make things much clearer when listing timelines for inland applications, because it is misleading if you don't read it carefully.

Cheers!

 

[BeShoo]

You don't have to be staying in Britain or Ireland to apply through London, but if an interview is needed, you will have to go back over there for the interview.

 

[RobsLuv]

Hi All,

Im reading through the Guide re Common Law Sponsorship.

On p25, "Your Status in Canada", the first paragraph says:
"You must have legal temporary resident status in Canada to remain in the country legally without possibility of being removed".

Probably an obvious question, but does my Irish Passport (valid for 6 months as a visitor in Canada) give me 'temp. resident status"?

Regards,
IA

Not sure anybody pointed out the most important part of your initial question. Your passport, if it has an entry stamp in it from when you entered Canada this last time, is your ability to apply to extend your status. The extension application MUST be received by CIC BEFORE the six months that you're authorized to stay when you're admitted as a visa-exempt national expires. If you are going to apply via the outland process, you submit the extension application separately from your PR application - but you DO need to submit one. Your ability to remain in Canada while your outland PR ap is in process is dependent on you maintaining your temporary status. Provide proof with the extension application of your qualifying relationship and the fact that you are submitting (or have submitted) a PR application. Also, you are only authorized to extend the status you received on entry - you cannot apply for a work permit.

IF you were going to submit an inland PR application, BOTH the PR application and the extension application would have to be received together by CPC-Vegreville BEFORE the status you were given on entry (6 months on a visa-exempt passport stamp) expires. If you're applying inland, you can apply for an open work permit (check "initial work permit" but write OPEN WORK PERMIT APPLICATION - DO NOT ASSESS UNTIL FIRST STAGE APPROVAL across the top of the extension application). After you pass the first stage of assessment of your inland PR ap (about 6-7 months after you submit it) you will be issued an OWP. The rest of the process takes between 6-12 months to finalize. The difference is that the outland process, via CPC-Mississauga and London, will take approximately 3-8 months to finalize - and then you're a PR and able to work in Canada anyway. But what BeShoo says is true - if you have to have an interview, you'll have to go to London for it. With the inland process, though, there's no way you'll be working until at least 6-7 months into the process - first stage assessment never happens before that because they don't even look at the application for that long. So you're guaranteed to be sitting in Canada without the ability to work for at least 6-7 months . . . and if you made the mistake of applying inland after your initial status expired, you'd find your inland ap transferred to a local office before the first stage of assessment and it might take a couple of years to get it looked at. Also, inland PR applications do not have the right of appeal for a refusal, and if you leave Canada during processing and you can't get back in, you lose the application.

So outland is usually always better, if you can manage it. The key is to provide enough strong documentation of both your common-law qualification and your genuine relationship so that you avoid having to have an interview. Just remember, either way you apply, your temporary status must be extended prior to its expiration if you're to remain in Canada legally. Track the mailing of the extension application (whether it goes with an inland PR ap or separately) and get delivery confirmation. That's your proof that you applied to extend and that you have the right to remain in Canada until you receive an answer.

 

[sbwv09]

I was wondering: if you apply Outland and plan on entering Canada and staying there, at least most of the time with your spouse, is it better to go back and forth between your home nation and Canada periodically (every few weeks or so) or to just stay put in Canada and file for an extention if needed? (I'm in the USA) I know that you need to be careful crossing over, not letting them know you plan on staying for a long time, etc, but once I'm there is it better to stay put or to come back and forth, showing that I do have ties to the US and that I do return there from time to time? (By the time I'll be going to stay with my husband long term, my papers will have been filed outland for a couple of months).

This past summer, I spent 3 weeks at a time in Canada and would come back to my parents' home for a week or two inbetween and I never got any trouble, but I wasn't married at the time either!

Thanks!

 

[IrishArchitect]

Thanks robsluv!

To expand a little on what you're saying re extensions -

My current work visa ends mid march.
I visit the US, return in a week - and from that entry date my passport is good for six months?
We then submit our application (sponsor+me) in May (to meet the 1 year living together target) and i also, separately, submit for an extension on my visitor status to cover the processing time.

Also, a small detail re above "1 year living together" - we were in a strong relationship in ireland for 2 years before coming here, but not living together, although I did stay with here for 3 weeks before coming here (as my lease had expired, nicely timind)
I came here March last year, found an apartment in April and the gf arrived in June - only then were we physically living together.
However, when I took the lease we BOTH signed for it (via fax, for her) - thus proving that we intended to live together. Also, when she arrived I paid the rent for 3 months until she found a job, thus proving co-dependency, and that her name on the lease wasnt just an act of convenience or somesuch.

From all the above, could I thus claim that we were defacto supporting/living together in spirit/intent from April onwards?

 

[ariell]

From all the above, could I thus claim that we were defacto supporting/living together in spirit/intent from April onwards?

Nope. Absolutely not. CIC doesn't care if you were living together 'in spirit' or intending to live together. They only care when you were physically living together. So in your case you'd only be able to count the time since June.

 

[BeShoo]

I agree with ariell. You can only count since June. You are required to live together continuously for one year. You may be allowed brief times apart, for example if you needed to leave town on a work trip for a few days.

The 3 weeks in Ireland and the fact the the lease was signed before your gf arrived help to show that you're not just in a "relationship of convenience" but they can't count towards the 1 year, unfortunately. The 3 months apart has to be considered more than a "brief time". Your wording also kind of gives your status away. You were "staying with her" in Ireland, not living with her. It just sounds like a visit.

If you come to Canada for a brief visit, you will usually get 6 months permission coming from a visa exempt country, but you have to be able to satisfy the officer at the port of entry that you are only visiting and that you are able and willing to leave Canada when your time is up. Things like a job that you have to get back to or an apartment back home that you're renting are important indicators that you won't just stay in Canada permanently. In short, you have to show significant ties to the other country.

Additionally, they want to be sure you will not work illegally in Canada, so you need to show that you can pay your expenses during your trip to Canada. In your situation, I expect that your gf will be supporting you, but if you tell them that, they will think that you don't ever want to leave.

If you will have applied for PR, that might be sufficient reason for them to let you stay, but you don't qualify yet for that, so I don't see that working, and you'd still need to show significant ties to return to.

I think your best bet is to come for a short visit (maybe 2 weeks or something) when your U.S. work permit expires. You'll need to show proof that you're on your way back to Ireland (or to some other country) when the 2 weeks is up.

Then if you get at least 3 months on your passport, you'll be able to file the PR application before your visitor status expires. If you can at least show that you've paid the fees for the PR application, there's a good chance of getting an extension at that time. (You're allowed to remain in Canada under "implied status" while awaiting a decision on the extension. It's been taking 65 days to process these as of Dec. 8/09.) So long as you're still legal, you can change your mind about the 2 weeks visit after you get here and stay longer.

Whatever you do, you can't lie to the immigration officer. The tricky part is going to be proving that you have significant ties to Ireland to return after your visit.

 

[IrishArchitect]

Sorry beshoo - i think i better clarify my current situation:

I'm from Ireland, working/living here in Canada since march 2009.

I met the gf in Ireland 2 years previous (she had already been there 2 years so far).
In january of the third year of our relationship I was made redundant in Ireland; that march (09) I came here to Canada.

My current visa is a treaty visa - i must leave the country at the end of it, it is non extensible; thence the trip to family in the US - ie a visiting trip, NOT a working visit.

I have decent savings to support myself for the next 6 months (the gf will pay rent and i will take over rent payments when employed again).

I have a permanent address in IRL - my parents live there and a brother is getting married there in August.

So, when I re enter Canada from the US I will have a flight already arranged for August, showing intent/ability to go back. Also, I have volunteer work arranged for April onwards, showing that I understand I cannot work properly; and I will have my gf on hand to back up the narrative.

Even so, I think i will be upfront with the IO, be very truthful and clear about my long term intention to remain and be with my gf.

How does this sound to everyone?

 

[BeShoo]

Okay, I understand your situation better now and it sounds good. I hope it will sound good to the IO.

Be sure that you do not overstay your work visa. (I know you have no intention of doing that.) Definitely, having your gf with you when you return to Canada is highly recommended.

Savings to support yourself during your visit will definitely help. Read this message and the 4 replies that follow for an example of someone extending her stay to qualify for common law status: http://www.canadavisa.com/canada-immigration-discussion-board/extending-my-stay-t23916.0.html;msg165429#msg165429

It might help if you have the application forms filled out when you cross back into Canada and a receipt for the application fees would be even better, to prove your intention to apply for PR. Even though you can't send them yet, it helps a lot if you can show you are working on it.

You will also need a police record check for the PR application. Proof that you have applied for one would be good. I know that the U.S. is taking 10 weeks (and sometimes much more) to do one for U.S. residents and you really should have that to send with the PR application so it might be good to apply in advance. Check Irish processing times if you can. You don't want the record check to be so old that it expires, but you also don't want it to hold everything up.

If you have a PR in process, the main issue is that they will want to be sure you will return to Ireland if your PR is refused. You're going to have some of the same issues when you return back from the wedding, so I think it would be good if your gf is also going on this trip. Again you will want to show that you at least have enough funds to pay for a return ticket to Ireland.